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1 C.D. Michel – SBN 144258

Sean A. Brady – SBN 262007
2 Matthew D. Cubeiro – SBN 291519
MICHEL & ASSOCIATES, P.C.
3 180 E. Ocean Boulevard, Suite 200
4 Long Beach, CA 90802
Telephone: (562) 216-4444
5 Facsimile: (562) 216-4445
Email: [email protected]
6
7 Attorneys for Plaintiffs

8
UNITED STATES DISTRICT COURT
9
SOUTHERN DISTRICT OF CALIFORNIA
10
11 KIM RHODE, et al., Case No.: 3:18-cv-00802-BEN-JLB

12 Plaintiffs, REQUEST FOR JUDICIAL NOTICE

IN SUPPORT OF PLAINTIFFS’
13 v. MOTION FOR PRELIMINARY
INJUNCTION
14 XAVIER BECERRA, in his official
15 capacity as Attorney General of the State Hearing Date: August 19, 2019
of California, Hearing Time: 10:30 a.m.
16 Courtroom: 5A
Defendant. Judge: Hon. Roger T. Benitez
17
18 [Filed concurrently with Notice of Motion
and Motion for Preliminary Injunction,
19 Memorandum of Points and Authorities,
Declarations of Sean A. Brady, Richard
20 Travis, James Gilhousen, Dan Wolgin,
Denise Welvang, Scott Lindemuth, Bill
21 Ortiz, David Burwell, Chris Puehse,
22 Travis Morgan, Ethan Bartel, Myra
Lowder, Daniel Gray, Christina McNab,
23 and George Dodd]
24
25
26
27
28
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1 REQUEST FOR JUDICIAL NOTICE

2 Under Federal Rule of Evidence 201, Plaintiffs Kim Rhode, Gary Brennan, Cory
3 Henry, Edward Johnson, Scott Lindemuth, Richard Ricks, Denise Welvang, Able’s
4 Sporting, Inc., a Texas corporation, AMDEP Holdings, LLC, a Florida limited liability
5 company d/b/a Ammunition Depot, R&S Firearms, Inc., an Arizona corporation d/b/a
6 Sam’s Shooters’ Emporium, and California Rifle & Pistol Association, Incorporated, a
7 California corporation (“Plaintiffs”), through their counsel, respectfully request that the
8 Court take judicial notice of the following documents in support of Plaintiffs’ motion for
9 a preliminary injunction:
10 1. Proposition 63 (2016), available at
11 https://www.oag.ca.gov/system/files/initiatives/pdfs/15-0098%20(Firearms)_0.pdf. A
12 true and correct copy of this document is attached as Exhibit 1.
13 2. Senate Bill No. 1235 (2015-2016 Reg. Sess.), available at
14 https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160SB1235.
15 A true and correct copy of this document is attached as Exhibit 2.
16 3. Notice of Proposed Rulemaking, Ammunition Purchases or Transfers – Title
17 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08, California Department of
18 Justice (Dec. 14, 2018), available at
19 https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/ammo-notice-proposed-
20 rulemaking-121418.pdf?. A true and correct copy of this document is attached as Exhibit
21 3.
22 4. Initial Statement of Reasons, Ammunition Purchases or Transfers – Title 11,
23 Division 5, Chapter 11, OAL File No. Z-2018-1204-08, California Department of Justice,
24 available at https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/ammo-isor-
25 121418.pdf?. A true and correct copy of this document is attached as Exhibit 4.
26 5. Economic and Fiscal Impact Statement, Ammunition Purchases or Transfers
27 – Title 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08, California Department
28
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1 of Justice, available at https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/ammo-

2 std399.pdf?. A true and correct copy of this document is attached as Exhibit 5.
3 6. Text of Proposed Regulations, Ammunition Purchases or Transfers – Title
4 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08, California Department of
5 Justice, available at https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/ammo-text-
6 of-regs-121418.pdf?. A true and correct copy of this document is attached as Exhibit 6.
7 7. Notice of Modification to Text of Proposed Regulations, Initial Statement of
8 Reasons Addendum, and revised Economic and Fiscal Impact Statement (STD. 399),
9 Ammunition Purchases or Transfers – Title 11, Division 5, Chapter 11, OAL File No. Z-
10 2018-1204-08, California Department of Justice (April 23, 2019), available at
11 https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/ammo-notice-mod-15day-
12 041819.pdf?. A true and correct copy of this document is attached as Exhibit 7.
13 8. Initial Statement of Reasons Addendum, Ammunition Purchases or Transfers
14 – Title 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08, California Department
15 of Justice (April 23, 2019), available at
16 https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/ammo-isor-addendum.pdf. A
17 true and correct copy of this document is attached as Exhibit 8.
18 9. Economic and Fiscal Impact Statement (Revised), Ammunition Purchases or
19 Transfers – Title 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08, California
20 Department of Justice (April 23, 2019), available at
21 https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/ammo-std399-15day-
22 041819.pdf?. A true and correct copy of this document is attached as Exhibit 9.
23 10. Text of Proposed Regulations (Revised), Ammunition Purchases or Transfers
24 – Title 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08, California Department
25 of Justice (April 23, 2019), available at
26 https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/ammo-text-of-regs-15day-
27 041819.pdf?. A true and correct copy of this document is attached as Exhibit 10.
28
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1 11. Updated Informative Digest, Ammunition Purchases or Transfers – Title 11,

2 Division 5, Chapter 11, OAL File No. Z-2018-1204-08, California Department of Justice
3 (April 23, 2019), available at
4 https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/ammo-updated-Info-
5 digest.pdf?. A true and correct copy of this document is attached as Exhibit 11.
6 12. Final Statement of Reasons, Ammunition Purchases or Transfers – Title 11,
7 Division 5, Chapter 11, OAL File No. Z-2018-1204-08, California Department of Justice,
8 available at https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/ammo-fsor.pdf?. A
9 true and correct copy of this document is attached as Exhibit 12.
10 13. Text of Adopted Regulations, Ammunition Purchases or Transfers – Title 11,
11 Division 5, Chapter 11, OAL File No. Z-2018-1204-08, California Department of Justice,
12 available at https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/ammo-text-of-
13 adopted-regs.pdf?. A true and correct copy of this document is attached as Exhibit 13.
14 14. Notice of Approval of Regulatory Action, Ammunition Purchases or
15 Transfers – Title 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08, Office of
16 Administrative Law (June 24, 2019), available at
17 https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/ammo-oal-approval-letter.pdf?.
18 A true and correct copy of this document is attached as Exhibit 14.
19 15. Notice of Proposed Emergency Action, Identification Requirements for
20 Firearms and Ammunition Eligibility Checks – Title 11, Division 5, Chapter 4, California
21 Department of Justice (June 10, 2019), available at
22 https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/id-fa-ammo-notice-proposed-
23 emergency-061019.pdf?. A true and correct copy of this document is attached as Exhibit
24 15.
25 16. Finding of Emergency, Identification Requirements for Firearms and
26 Ammunition Eligibility Checks – Title 11, Division 5, Chapter 4, California Department
27 of Justice (June 10, 2019), available at
28
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1 https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/id-fa-ammo-finding-
2 emergency.pdf?. A true and correct copy of this document is attached as Exhibit 16.
3 17. Economic and Fiscal Impact Statement, Identification Requirements for
4 Firearms and Ammunition Eligibility Checks – Title 11, Division 5, Chapter 4, California
5 Department of Justice (June 10, 2019), available at
6 https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/id-fa-ammo-std399-signed-
7 061019.pdf?. A true and correct copy of this document is attached as Exhibit 17.
8 18. Text of Emergency Regulations, Identification Requirements for Firearms
9 and Ammunition Eligibility Checks – Title 11, Division 5, Chapter 4, California
10 Department of Justice (June 10, 2019), available at
11 https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/id-fa-ammo-text-emergency-
12 regs.pdf?. A true and correct copy of this document is attached as Exhibit 18.
13 19. Recent Actions on Emergency Regulations, Office of Administrative Law,
14 https://oal.ca.gov/emergency_regulations/recent_actions_taken_on_emergency_regulatio
15 ns/ (last visited July 10, 2019). A true and correct copy of this document is attached as
16 Exhibit 19.
17 20. Important Notice: California Department of Justice Update Regarding the
18 Use of “Federal Limits Apply” Driver Licenses and Identification Cards to Perform
19 Eligibility Checks, California Department of Justice (June 27, 2019). A true and correct
20 copy of this document is attached as Exhibit 20.
21 21. Important Notice: California Department of Justice Notification and
22 Instructions for Clearing Web Browser “Cookies and Cache” on July 1, 2019, California
23 Department of Justice (June 28, 2019). A true and correct copy of this document is
24 attached as Exhibit 21.
25 22. Important Notice: Regarding Availability of Instructional User Guides
26 Related to Upcoming Ammunition Sale Requirements, California Department of Justice
27 (June 28, 2019). A true and correct copy of this document is attached as Exhibit 22.
28
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1 23. Additional Documentation Requirements for Eligibility Checks with Federal

2 Non-Compliant California Driver License or Identification Cards, California Department
3 of Justice, https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms/regs/additional-docs-
4 4045-1.pdf (last visited July 10, 2019). A true and correct copy of this document is
5 attached as Exhibit 23.
6 24. Ammunition Purchase Authorization Program, California Department of
7 Justice, https://oag.ca.gov/firearms/apap (last visited July 10, 2019). A true and correct
8 copy of this document is attached as Exhibit 24.
9 25. Frequently Asked Questions: Ammunition Vendor Licensing FAQ’s,
10 California Department of Justice, https://oag.ca.gov/firearms/avlfaqs (last visited July 10,
11 2019). A true and correct copy of this document is attached as Exhibit 25.
12 26. Frequently Asked Questions: Ammunition Purchases, California Department
13 of Justice, https://oag.ca.gov/firearms/apfaqs (last visited July 10, 2019). A true and
14 correct copy of this document is attached as Exhibit 26.
15 27. Becoming A Firearm Dealer And/Or Ammunition Vendor In California,
16 California Department of Justice, https://oag.ca.gov/firearms/dealer-vendor (last visited
17 July 10, 2019). A true and correct copy of this document is attached as Exhibit 27.
18 28. Automated Firearms System Personal Information Update, California
19 Department of Justice, https://oag.ca.gov/firearms/afspi (last visited July 10, 2019). A
20 true and correct copy of this document is attached as Exhibit 28.
21 29. REAL ID: Easy as 1-2-3, California Department of Motor Vehicles,
22 https://www.dmv.ca.gov/portal/wcm/connect/2db22455-e270-47a3-819c-
23 d7c7716d5194/List_of_Docs_REALID.pdf?MOD=AJPERES&CVID= (last visited July
24 22, 2019). A true and correct copy of this document is attached as Exhibit 29.
25 30. Citizenship Evidence, U.S. Department of State, Bureau of Consular Affairs,
26 https://travel.state.gov/content/travel/en/passports/requirements/citizenship-evidence.html
27 (last visited July 22, 2019). A true and correct copy of this document is attached as
28 Exhibit 30.
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1 31. United States Passport Fees, U.S. Department of State, Bureau of Consular
2 Affairs, https://travel.state.gov/content/dam/passports/forms-
3 fees/Passport%20Fees%20Chart_TSG.pdf (last visited July 22, 2019). A true and correct
4 copy of this document is attached as Exhibit 31.
5 32. Certificate of Eligibility, California Department of Justice, Bureau of
6 Firearms, https://oag.ca.gov/firearms/cert-eligibility (last visited July 22, 2019). A true
7 and correct copy of this document is attached as Exhibit 32.
8 33. National Instance Criminal Background Check System (NICS), Federal
9 Bureau of Investigation, https://www.fbi.gov/services/cjis/nics (last visited July 22,
10 2019). A true and correct copy of this document is attached as Exhibit 33.
11 34. REAL ID Act, California Department of Motor Vehicles,
12 https://www.dmv.ca.gov/portal/dmv/detail/realid (last visited July 22, 2019). A true and
13 correct copy of this document is attached as Exhibit 34.
14
15 Dated: July 22, 2019 MICHEL & ASSOCIATES, P.C.
16
17 s/ Sean A. Brady
Sean A. Brady
18 Email: [email protected]
Attorneys for Plaintiffs
19
20
21
22
23
24
25
26
27
28
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1 TABLE OF CONTENTS FOR EXHIBITS

2 Exhibit Description Pages
3
1 Proposition 63 (2016) 1-38
4
2 Senate Bill No. 1235 (2015-2016 Reg. Sess.) 39-55
5
3 Notice of Proposed Rulemaking, Ammunition Purchases or 56-64
6
Transfers – Title 11, Division 5, Chapter 11, OAL File No. Z-
7 2018-1204-08, California Department of Justice (Dec. 14, 2018)
8 4 Initial Statement of Reasons, Ammunition Purchases or Transfers 65-75
9 – Title 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08,
California Department of Justice
10
5 Economic and Fiscal Impact Statement, Ammunition Purchases or 76-82
11
Transfers – Title 11, Division 5, Chapter 11, OAL File No. Z-
12 2018-1204-08, California Department of Justice
13 6 Text of Proposed Regulations, Ammunition Purchases or Transfers 83-90
14 – Title 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08,
California Department of Justice
15
7 Notice of Modification to Text of Proposed Regulations, Initial 91-92
16
Statement of Reasons Addendum, and revised Economic and
17 Fiscal Impact Statement (STD. 399), Ammunition Purchases or
Transfers – Title 11, Division 5, Chapter 11, OAL File No. Z-
18
2018-1204-08, California Department of Justice (April 23, 2019)
19
8 Initial Statement of Reasons Addendum, Ammunition Purchases or 93-104
20 Transfers – Title 11, Division 5, Chapter 11, OAL File No. Z-
21 2018-1204-08, California Department of Justice (April 23, 2019)

22 9 Economic and Fiscal Impact Statement (Revised), Ammunition 105-113

Purchases or Transfers – Title 11, Division 5, Chapter 11, OAL
23
File No. Z-2018-1204-08, California Department of Justice (April
24 23, 2019)
25 10 Text of Proposed Regulations (Revised), Ammunition Purchases or 114-124
26 Transfers – Title 11, Division 5, Chapter 11, OAL File No. Z-
2018-1204-08, California Department of Justice (April 23, 2019)
27
28
8
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1 11 Updated Informative Digest, Ammunition Purchases or Transfers 125-127

– Title 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08,
2
California Department of Justice (April 23, 2019)
3
12 Final Statement of Reasons, Ammunition Purchases or Transfers – 128-299
4 Title 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08,
5 California Department of Justice

6 13 Text of Adopted Regulations, Ammunition Purchases or Transfers 300-308

– Title 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08,
7
California Department of Justice
8
14 Notice of Approval of Regulatory Action, Ammunition Purchases 309-310
9 or Transfers – Title 11, Division 5, Chapter 11, OAL File No. Z-
10 2018-1204-08, Office of Administrative Law (June 24, 2019)

11 15 Notice of Proposed Emergency Action, Identification 311-312

Requirements for Firearms and Ammunition Eligibility Checks –
12
Title 11, Division 5, Chapter 4, California Department of Justice
13 (June 10, 2019)
14 16 Finding of Emergency, Identification Requirements for Firearms 313-322
15 and Ammunition Eligibility Checks – Title 11, Division 5, Chapter
4, California Department of Justice (June 10, 2019)
16
17 Economic and Fiscal Impact Statement, Identification 323-329
17
Requirements for Firearms and Ammunition Eligibility Checks –
18 Title 11, Division 5, Chapter 4, California Department of Justice
(June 10, 2019)
19
20 18 Text of Emergency Regulations, Identification Requirements for 330-335
Firearms and Ammunition Eligibility Checks – Title 11, Division
21 5, Chapter 4, California Department of Justice (June 10, 2019)
22
19 Recent Actions on Emergency Regulations, Office of 336-352
23 Administrative Law
24 20 Important Notice: California Department of Justice Update 353-356
25 Regarding the Use of “Federal Limits Apply” Driver Licenses and
Identification Cards to Perform Eligibility Checks, California
26 Department of Justice (June 27, 2019)
27
28
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1 21 Important Notice: California Department of Justice Notification 357-363

and Instructions for Clearing Web Browser “Cookies and Cache”
2
on July 1, 2019, California Department of Justice (June 28, 2019)
3
22 Important Notice: Regarding Availability of Instructional User 364-379
4 Guides Related to Upcoming Ammunition Sale Requirements,
5 California Department of Justice (June 28, 2019)

6 23 Additional Documentation Requirements for Eligibility Checks 380-384

with Federal Non-Compliant California Driver License or
7
Identification Cards, California Department of Justice
8
24 Ammunition Purchase Authorization Program, California 385-393
9 Department of Justice
10
25 Frequently Asked Questions: Ammunition Vendor Licensing 394-403
11 FAQ’s, California Department of Justice
12 26 Frequently Asked Questions: Ammunition Purchases, California 404-423
13 Department of Justice

14 27 Becoming A Firearm Dealer And/Or Ammunition Vendor In 424-438

California, California Department of Justice
15
16 28 Automated Firearms System Personal Information Update, 439-447
California Department of Justice
17
29 REAL ID: Easy as 1-2-3, California Department of Motor 448-449
18
Vehicles
19
30 Citizenship Evidence, U.S. Department of State, Bureau of 450-455
20 Consular Affairs
21
31 United States Passport Fees, U.S. Department of State, Bureau of 456-457
22 Consular Affairs
23 32 Certificate of Eligibility, California Department of Justice, Bureau 458-467
24 of Firearms

25 33 National Instance Criminal Background Check System (NICS), 468-473

Federal Bureau of Investigation
26
27 34 REAL ID Act, California Department of Motor Vehicles 474-477

28
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EXHIBIT 1

1
 1 5 - Page 12
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Arnet# oo a I
REM CHO, JOHANSEN & PURCELL, LLP
ATTORNEYS AT LAW

201 DOLORES A VENUE Robin B. Johansen

SAN LEANDRO, CA 94577 J runes C. Harrison
PHONE: (510) 346-6200 Thomas A. Willis
Karen Getman
FAX: (510) 346-6201
Margaret R. Prinzing
EMAIL: [email protected] Harry A. Berezin
WEBSITE: www.rjp.com Juan Carlos Ibarra
Joseph Remcho (1944-2003)
SACRAMENTO PHONE: (916) 264-1818 Kathleen J. Purcell (Ret.)

December 4, 2015

VIA MESSENGER \\t,CEIV~

Office of the Attorney General DEC O1 2015
1300 "I" Street, 17th Floor INITIATIVE COORDINATOR
Sacramento, CA 95814 ATTORNEY GENERAL'S OFFICE

Attention: Ashley Johansson, Initiative Coordinator

Re: Submission ofAmendment to The Safety for All Act of 2016,

No. 15-0098

Dear Ms. Johansson:

As you know, I serve as counsel for the proponent of the proposed statewide
initiative, "The Safety for All Act of 2016." The proponent of the proposed initiative is Gavin
Newsom. On his behalf, I am enclosing the following documents:

• The amended text of "The Safety for All Act of 2016";

• A red-line version showing the changes made in the amended text; and

A signed authorization from the proponent for the submission of the amended
text together with his request that the Attorney General's Office prepare a
circulating title and summary using the amended text.

Please continue to direct all inquiries or correspondence relative to this proposed

initiative to me at the address listed below:

2
Case 3:18-cv-00802-BEN-JLB Document 33 Filed 07/22/19 PageID.600 Page 13 of 135

Office of the Attorney General

December 4, 2015
Page 2

Thomas A. Willis
Margaret R. Prinzing
Remcho, Johansen & Purcell, LLP
201 Dolores Avenue
San Leandro, CA 94577
Phone: (510) 346-6200
Fax: (510) 346-6201

Sincerely,

Thomas A. Willis

TAW:NL
Enclosures
(00263117)

3
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December~' 2015

VIA MESSENGER

Office of the Attorney General

1300 "I" Street, 17th Floor
Sacramento, CA 95814

Attention: Ashley Johansson, Initiative Coordinator

Re: Submission ofAmendment to The Safety for All Act of2016,

No. 15-0098, and Request to Prepare Circulating Title and Summary

Dear Ms. Johansson:

On October 27, 2015, I submitted a proposed statewide initiative titled "The

Safety for All Act of 2016" ("Initiative") and submitted a request that the Attorney General
prepare a circulating title and summary pursuant to section 10(d) of Article II of the California
Constitution.

Pursuant to Elections Code section 9002(b), I hereby submit timely amendments

to the text of the Initiative. As the proponent of the Init" ive, I approve the submission of the
amended text to the Initiative and I declare that e am ment is reasonably germane to the
theme, purpose, and subject of the Initiative. I eque t at the Attorney General repare a
circulating title and summary using the amen d I · iaf

Enclosures
(00263103)

4
Case 3:18-cv-00802-BEN-JLB Document 33 Filed 07/22/19 PageID.602 Page 15 of 135
15 - 0 0 9 8 Amdt:=tt"{

THE SAFETY FOR ALL ACT OF 2016

SECTION 1. Title.

This measure shall be known and may be cited as "The Safety for All Act of2016."

SEC. 2. Findings and Declarations.

The people of the State of California find and declare:

1. Gun violence destroys lives, families and communities. From 2002 to 2013, California lost
38,576 individuals to gun violence. That is more than seven times the number of U.S. soldiers
killed in combat during the wars in Iraq and Afghanistan combined. Over this same period,
2,258 children were killed by gunshot injuries in California. The same number of children
murdered in the Sandy Hook elementary school massacre are killed by gunfire in this State every
39 days.

2. In 2013, guns were used to kill 2,900 Californians, including 251 children and teens. That
year, at least 6,035 others were hospitalized or treated in emergency rooms for non-fatal gunshot
wounds, including 1,275 children and teens.

3. Guns are commonly used by criminals. According to the California Department of Justice,
in 2014 there were 1,169 firearm murders in California, 13,546 armed robberies involving a
firearm, and 15,801 aggravated assaults involving a firearm.

4. This tragic violence imposes significant economic burdens on our society. Researchers
conservatively estimate that gun violence costs the economy at least $229 billion every year, or
more than $700 per American per year. In 2013 alone, California gun deaths and injuries
imposed $83 million in medical costs and $4.24 billion in lost productivity.

5. California can do better. Reasonable, common-sense gun laws reduce gun deaths and
injuries, keep guns away from criminals and fight illegal gun trafficking. Although California
has led the nation in gun safety laws, those laws still have loopholes that leave communities
throughout the state vulnerable to gun violence and mass shootings. We can close these
loopholes while still safeguarding the ability of law-abiding, responsible Californians to own
guns for self-defense, hunting and recreation.

6. We know background checks work. Federal background checks have already prevented more
than 2.4 million gun sales to convicted criminals and other illegal purchasers in America.
In 2012 alone, background checks blocked 192,043 sales of firearms to illegal purchasers
including 82,000 attempted purchases by felons. That means background checks stopped
roughly 225 felons from buying firearms every day. Yet California law only requires
background checks for people who purchase firearms, not for people who purchase ammunition.
We should close that loophole.

5
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Arndt.

7. Right now, any violent felon or dangerously mentally ill person can walk into a sporting
goods store or gun shop in California and buy ammunition, no questions asked. That should
change. We should require background checks for ammunition sales just like gun sales, and stop
both from getting into the hands of dangerous individuals.

8. Under current law, stores that sell ammunition are not required to report to law enforcement
when ammunition is lost or stolen. Stores should have to report lost or stolen ammunition within
48 hours of discovering that it is missing so law enforcement can work to prevent that
ammunition from being illegally trafficked into the hands of dangerous individuals.

9. Californians today are not required to report lost or stolen guns to law enforcement. This
makes it difficult for law enforcement to investigate crimes committed with stolen guns, break-
up gun trafficking rings, and return guns to their lawful owners. We should require gun owners
to report their lost or stolen guns to law enforcement.

10. Under current law, people who commit felonies and other serious crimes are prohibited from
possessing firearms. Yet existing law provides no clear process for those people to relinquish
their guns when they become prohibited at the time of conviction. As a result, in 2014, the
Department of Justice identified more than 17,000 people who possess more than 34,000 guns
illegally, including more than 1,400 assault weapons. We need to close this dangerous loophole
by not only requiring prohibited people to tum in their guns, but also ensuring that it happens.

11. Military-style large-capacity ammunition magazines - some capable of holding more than
100 rounds of ammunition - significantly increase a shooter's ability to kill a lot of people in a
short amount of time. That is why these large capacity ammunition magazines are common in
many of America's most horrific mass shootings, from the killings at 101 California Street in
San Francisco in 1993 to Columbine High School in 1999 to the massacre at Sandy Hook
Elementary School in Newtown, Connecticut in 2012.

12. Today, California law prohibits the manufacture, importation and sale of military-style, large
capacity ammunition magazines, but does not prohibit the general public from possessing them.
We should close that loophole. No one except trained law enforcement should be able to possess
these dangerous ammunition magazines.

13. Although the State of California conducts background checks on gun buyers who live in
California, we have to rely on other states and the FBI to conduct background checks on gun
buyers who live elsewhere. We should make background checks outside of California more
effective by consistently requiring the State to report who is prohibited from possessing firearms
to the federal background check system.

14. The theft of a gun is a serious and potentially violent crime. We should clarify that such
crimes can be charged as felonies, and prevent people who are convicted of such crimes from
possessing firearms.

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SEC. 3. Purpose and Intent.

The people of the State of California declare their purpose and intent in enacting "The Safety For
All Act of 2016" (the "Act") to be as follows:

1. To implement reasonable and common-sense reforms to make California's gun safety laws
the toughest in the nation while still safeguarding the Second Amendment rights of all law-
abiding, responsible Californians.

2. To keep guns and ammunition out of the hands of convicted felons, the dangerously mentally
ill, and other persons who are prohibited by law from possessing firearms and ammunition.

3. To ensure that those who buy ammunition in California- just like those who buy firearms -
are subject to background checks.

4. To require all stores that sell ammunition to report any lost or stolen ammunition within
48 hours of discovering that it is missing.

5. To ensure that California shares crucial information with federal law enforcement by
consistently requiring the state to report individuals who are prohibited by law from possessing
firearms to the federal background check system.

6. To require the reporting oflost or stolen firearms to law enforcement.

7. To better enforce the laws that require people to relinquish their firearms once they are
convicted of a crime that makes them ineligible to possess firearms.

8. To make it illegal in California to possess the kinds of military-style ammunition magazines

that enable mass killings like those at Sandy Hook Elementary School; a movie theater in
Aurora, Colorado; Columbine High School; and an office building at 101 California Street in
San Francisco, California.

9. To prevent people who are convicted of the theft of a firearm from possessing firearms, and to
effectuate the intent of Proposition 4 7 that the theft of a firearm is felony grand theft, regardless
of the value of the firearm, in alignment with sections 25400 and 1192.7 of the Penal Code.

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SEC. 4. Lost or Stolen Firearms.

Division 4.5 (commencing with Section 25250) is hereby added to Title 4 of Part 6 of the
Penal Code, and Section 26835 of the Penal Code is hereby amended.

Division 4.5 (commencing with Section 25250) is added to Title 4 of Part 6 of the Penal Code, to
read:

DIVISION 4.5. LOST OR STOLEN FIREARMS

25250. (a) Commencing July 1, 2017, every person shall report the loss or theft of a firearm he or she
owns or possesses to a local law enforcement agency in the jurisdiction in which the theft or loss
occurred within five days of the time he or she knew or reasonably should have known that the
firearm had been stolen or lost.

(b) Every person who has reported a firearm lost or stolen under subdivision (a) shall notify the local
law enforcement agency in the jurisdiction in which the theft or loss occurred within five days if the
firearm is subsequently recovered by the person.

(c) Notwithstanding subdivision (a), a person shall not be required to report the loss or theft of a
firearm that is an antique firearm within the meaning of subdivision (c) of Section 16170.

25255. Section 25250 shall not apply to the following:

(a) Any law enforcement agency or peace officer acting within the course and scope of his or her
employment or official duties if he or she reports the loss or theft to his or her employing agency.

(b) Any United States marshal or member of the Armed Forces of the United States or the National
Guard, while engaged in his or her official duties.

(c) Any person who is licensed, pursuant to Chapter 44 (commencing with Section 921) of Title 18
of the United States Code and the regulations issued pursuant thereto, and who reports the theft or
loss in accordance with Section 923(g)(6) of Title 18 of the United States Code, or the successor
provision thereto, and applicable regulations issued thereto.

(d) Any person whose firearm was lost or stolen prior to July 1, 2017.

25260. Pursuant to Section 11108, every sheriff or police chief shall submit a description of each
firearm that has been reported lost or stolen directly into the Department of Justice Automated
Firearms System.

25265. (a) Every person who violates Section 25250 is, for a first violation, guilty of an infraction
punishable by a fine not to exceed one hundred dollars ($100).

(b) Every person who violates Section 25250 is, for a second violation, guilty of an infraction,
punishable by a fine not to exceed one thousand dollars ($1,000).

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(c) Every person who violates Section 25250 is, for a third or subsequent violation, guilty of a
misdemeanor, punishable by imprisonment in a county jail not exceeding six months, or by a fine not
to exceed one thousand dollars ($1,000), or by both that fine and imprisonment.

25270. Every person reporting a lost or stolen firearm pursuant to Section 25250 shall report the
make, model, and serial number of the firearm, if known by the person, and any additional relevant
information required by the local law enforcement agency taking the report.

25275. (a) No person shall report to a local law enforcement agency that a firearm has been lost or
stolen, knowing the report to be false. A violation of this section is an infraction, punishable by a
fine not exceeding two hundred fifty dollars ($250) for a first offense, and by a fine not exceeding
one thousand dollars ($1,000) for a second or subsequent offense.

(b) This section shall not preclude prosecution under any other law.

Section 26835 of the Penal Code is amended to read:

26835. A licensee shall post conspicuously within the licensed premises the following warnings in
block letters not less than one inch in height:

(a) "IF YOU KEEP A LOADED FIREARM WITHIN ANY PREMISES UNDER YOUR
CUSTODY OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE OBTAINS IT
AND USES IT, RESULTING IN INJURY OR,DEATH, OR CARRIES IT TO A PUBLIC
PLACE, YOU MAY BE GUILTY OF A MISDEMEANOR OR A FELONY UNLESS YOU
STORED THE FIREARM IN A LOCKED CONTAINER OR LOCKED THE FIREARM
WITH A LOCKING DEVICE, TO KEEP IT FROM TEMPORARILY FUNCTIONING."

(b) "IF YOU KEEP A PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING
CONCEALED UPON THE PERSON, WITHIN ANY PREMISES UNDER YOUR CUSTODY
OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE
FIREARM, AND CARRIES IT OFF-PREMISES, YOU MAY BE GUILTY OF A
MISDEMEANOR, UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER,
OR LOCKED THE FIREARM WITH A LOCKING DEVICE, TO KEEP IT FROM
TEMPORARILY FUNCTIONING."

(c) "IF YOU KEEP ANY FIREARM WITHIN ANY PREMISES UNDER YOUR CUSTODY
OR CONTROL, AND A PERSON UNDER 18 YEARS OF AGE GAINS ACCESS TO THE
FIREARM, AND CARRIES IT OFF-PREMISES TO A SCHOOL OR SCHOOL-SPONSORED
EVENT, YOU MAY BE GUILTY OF A MISDEMEANOR, INCLUDING A FINE OF UP TO
FIVE THOUSAND DOLLARS ($5,000), UNLESS YOU STORED THE FIREARM IN A
LOCKED CONTAINER, OR LOCKED THE FIREARM WITH A LOCKING DEVICE."

(d) "IF YOU NEGLIGENTLY STORE OR LEAVE A LOADED FIREARM WITHIN ANY
PREMISES UNDER YOUR CUSTODY OR CONTROL, WHERE A PERSON UNDER
18 YEARS OF AGE IS LIKELY TO ACCESS IT, YOU MAY BE GUILTY OF A
MISDEMEANOR, INCLUDING A FINE OF UP TO ONE THOUSAND DOLLARS ($1,000),

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UNLESS YOU STORED THE FIREARM IN A LOCKED CONTAINER, OR LOCKED THE

FIREARM WITH A LOCKING DEVICE."

(e) "DISCHARGING FIREARMS IN POORLY VENTILATED AREAS, CLEANING

FIREARMS, OR HANDLING AMMUNITION MAY RESULT IN EXPOSURE TO LEAD, A
SUBSTANCE KNOWN TO CAUSE BIRTH DEFECTS, REPRODUCTIVE HARM, AND
OTHER SERIOUS PHYSICAL INJURY. HAVE ADEQUATE VENTILATION AT ALL
TIMES. WASH HANDS THOROUGHLY AFTER EXPOSURE."

(f) "FEDERAL REGULATIONS PROVIDE THAT IF YOU DO NOT TAKE PHYSICAL

POSSESSION OF THE FIREARM THAT YOU ARE ACQUIRING OWNERSHIP OF
WITHIN 30 DAYS AFTER YOU COMPLETE THE INITIAL BACKGROUND CHECK
PAPERWORK, THEN YOU HAVE TO GO THROUGH THE BACKGROUND CHECK
PROCESS A SECOND TIME IN ORDER TO TAKE PHYSICAL POSSESSION OF THAT
FIREARM."

(g) "NO PERSON SHALL MAKE AN APPLICATION TO PURCHASE MORE THAN ONE
PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED UPON
THE PERSON WITHIN ANY 30-DAY PERIOD AND NO DELIVERY SHALL BE MADE
TO ANY PERSON WHO HAS MADE AN APPLICATION TO PURCHASE MORE THAN
ONE PISTOL, REVOLVER, OR OTHER FIREARM CAPABLE OF BEING CONCEALED
UPON THE PERSON WITHIN ANY 30-DAY PERIOD."

(h) "IF A FIREARM YOU OWN OR POSSESS IS LOST OR STOLEN, YOU MUST REPORT
THE LOSS OR THEFT TO A LOCAL LAW ENFORCEMENT AGENCY WHERE THE LOSS OR
THEFT OCCURRED WITHIN FIVE DAYS OF THE TIME YOU KNEW OR REASONABLY
SHOULD HAVE KNOWN THAT THE FIREARM HAD BEEN LOST OR STOLEN."

SEC. 5. Strengthening The National Instant Criminal Background Check System.

Section 28220 of the Penal Code is amended to read:

(a) Upon submission of firearm purchaser information, the Department of Justice shall examine
its records, as well as those records that it is authorized to request from the State Department of
State Hospitals pursuant to Section 8104 of the Welfare and Institutions Code, in order to
determine if the purchaser is a person described in subdivision (a) of Section 27535, or is
prohibited by state or federal law from possessing, receiving, owning, or purchasing a firearm.

(b) To the extent that funding is available, t Ihe Department of Justice may shall participate in
the National Instant Criminal Background Check System (NICS), as described in subsection (t)
of Section 922 of Title 18 of the United States Code, and, if that participation is iffij)lemented,
shall notify the dealer and the chief of the police department of the city or city and county in
which the sale was made, or if the sale was made in a district in which there is no municipal
police department, the sheriff of the county in which the sale was made, that the purchaser is a
person prohibited from acquiring a firearm under federal law.

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(c) If the department determines that the purchaser is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm or is a person described in subdivision (a)
of Section 27535, it shall immediately notify the dealer and the chief of the police department of
the city or city and county in which the sale was made, or if the sale was made in a district in
which there is no municipal police department, the sheriff of the county in which the sale was
made, of that fact.

(d) If the department determines that the copies of the register submitted to it pursuant to
subdivision (d) of Section 28210 contain any blank spaces or inaccurate, illegible, or incomplete
information, preventing identification of the purchaser or the handgun or other firearm to be
purchased, or if any fee required pursuant to Section 28225 is not submitted by the dealer in
conjunction with submission of copies of the register, the department may notify the dealer of
that fact. Upon notification by the department, the dealer shall submit corrected copies of the
register to the department, or shall submit any fee required pursuant to Section 28225, or both, as
appropriate and, if notification by the department is received by the dealer at any time prior to
delivery of the firearm to be purchased, the dealer shall withhold delivery until the conclusion of
the waiting period described in Sections 26815 and 27540.

(e) If the department determines that the information transmitted to it pursuant to Section 28215
contains inaccurate or incomplete information preventing identification of the purchaser or the
handgun or other firearm to be purchased, or if the fee required pursuant to Section 28225 is not
transmitted by the dealer in conjunction with transmission of the electronic or telephonic record,
the department may notify the dealer of that fact. Upon notification by the department, the
dealer shall transmit corrections to the record of electronic or telephonic transfer to the
department, or shall transmit any fee required pursuant to Section 28225, or both, as appropriate,
and if notification by the department is received by the dealer at any time prior to delivery of the
firearm to be purchased, the dealer shall withhold delivery until the conclusion of the waiting
period described in Sections 26815 and 27540.

(f)(l)(A) The department shall immediately notify the dealer to delay the transfer of the firearm
to the purchaser if the records of the department, or the records available to the department in the
National Instant Criminal Background Check System, indicate one of the following:

(i) The purchaser has been taken into custody and placed in a facility for mental health treatment
or evaluation and may be a person described in Section 8100 or 8103 of the Welfare and
Institutions Code and the department is unable to ascertain whether the purchaser is a person
who is prohibited from possessing, receiving, owning, or purchasing a firearm, pursuant to
Section 8100 or 8103 of the Welfare and Institutions Code, prior to the conclusion of the waiting
period described in Sections 26815 and 27540.

(ii) The purchaser has been arrested for, or charged with, a crime that would make him or her, if
convicted, a person who is prohibited by state or federal law from possessing, receiving, owning,
or purchasing a firearm, and the department is unable to ascertain whether the purchaser was
convicted of that offense prior to the conclusion of the waiting period described in
Sections 26815 and 27540.

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(iii) The purchaser may be a person described in subdivision (a) of Section 27535, and the
department is unable to ascertain whether the purchaser, in fact, is a person described in
subdivision (a) of Section 27535, prior to the conclusion of the waiting period described in
Sections 26815 and 27540.

(B) The dealer shall provide the purchaser with information about the manner in which he or she
may contact the department regarding the delay described in subparagraph (A).

(2) The department shall notify the purchaser by mail regarding the delay and explain the process
by which the purchaser may obtain a copy of the criminal or mental health record the department
has on file for the purchaser. Upon receipt of that criminal or mental health record, the purchaser
shall report any inaccuracies or incompleteness to the department on an approved form.

(3) If the department ascertains the final disposition of the arrest or criminal charge, or the
outcome of the mental health treatment or evaluation, or the purchaser's eligibility to purchase a
firearm, as described in paragraph (1 ), after the waiting period described in Sections 26815
and 27540, but within 30 days of the dealer's original submission of the purchaser information to
the department pursuant to this section, the department shall do the following:

(A) If the purchaser is not a person described in subdivision (a) of Section 27535, and is not
prohibited by state or federal law, including, but not limited to, Section 8100 or 8103 of the
Welfare and Institutions Code, from possessing, receiving, owning, or purchasing a firearm, the
department shall immediately notify the dealer of that fact and the dealer may then immediately
transfer the firearm to the purchaser, upon the dealer's recording on the register or record of
electronic transfer the date that the firearm is transferred, the dealer signing the register or record
of electronic transfer indicating delivery of the firearm to that purchaser, and the purchaser
signing the register or record of electronic transfer acknowledging the receipt of the firearm on
the date that the firearm is delivered to him or her.

(B) If the purchaser is a person described in subdivision (a) of Section 27535, or is prohibited by
state or federal law, including, but not limited to, Section 8100 or 8103 of the Welfare and
Institutions Code, from possessing, receiving, owning, or purchasing a firearm, the department
shall immediately notify the dealer and the chief of the police department in the city or city and
county in which the sale was made, or if the sale was made in a district in which there is no
municipal police department, the sheriff of the county in which the sale was made, of that fact in
compliance with subdivision (c) of Section 28220.

(4) If the department is unable to ascertain the final disposition of the arrest or criminal charge,
or the outcome of the mental health treatment or evaluation, or the purchaser's eligibility to
purchase a firearm, as described in paragraph (1), within 30 days of the dealer's original
submission of purchaser information to the department pursuant to this section, the department
shall immediately notify the dealer and the dealer may then immediately transfer the firearm to
the purchaser, upon the dealer's recording on the register or record of electronic transfer the date
that the firearm is transferred, the dealer signing the register or record of electronic transfer
indicating delivery of the firearm to that purchaser, and the purchaser signing the register or

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record of electronic transfer acknowledging the receipt of the firearm on the date that the firearm
is delivered to him or her.

(g) Commencing July 1, 2017, upon receipt of information demonstrating that a person is
prohibited from possessing a firearm pursuant to federal or state law, the Department of Justice
shall submit the name, date of birth, and physical description of the person to the National Instant
Criminal Background Check System Index, Denied Persons Files. The information provided
shall remain privileged and confidential, and shall not be disclosed, except for the purpose of
enforcing federal or state firearms laws.

SEC. 6. Possession of Large-Capacity Magazines.

Section 32406 is hereby added to the Penal Code; Sections 32310, 32400, 32405, 32410,
32425, 32435, and 32450 of the Penal Code are hereby amended, and Section 32420 of the
Penal Code is hereby repealed.

Section 32310 of the Penal Code is amended to read:

(a) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in
Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing January 1,
~any person in this state who manufactures or causes to be manufactured, imports into the
state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any
large-capacity magazine is punishable by imprisonment in a county jail not exceeding one year
or imprisonment pursuant to subdivision (h) of Section 1170.

(b) For purposes of this section, "manufacturing" includes both fabricating a magazine and
assembling a magazine from a combination of parts, including, but not limited to, the body,
spring, follower, and floor plate or end plate, to be a fully functioning large-capacity magazine.

(c) Except as provided in Article 2 (commencing with Section 32400) of this chapter and in
Chapter 1 (commencing with Section 17700) of Division 2 of Title 2, commencing July 1, 2017,
any person in this state who possesses any large-capacity magazine, regardless of the date the
magazine was acquired, is guilty of an infraction punishable by a fine not to exceed one hundred
dollars ($100) per large-capacity magazine, or is guilty of a misdemeanor punishable by a fine
not to exceed one hundred dollars ($100) per large-capacity magazine, by imprisonment in a
county jail not to exceed one year, or by both that fine and imprisonment.

(d) Any person who may not lawfully possess a large-capacity magazine commencing July 1,
2017 shall, prior to July 1, 2017:

(I) Remove the large-capacity magazine from the state;

(2) Sell the large-capacity magazine to a licensed firearms dealer; or

(3) Surrender the large-capacity magazine to a law enforcement agency for destruction.

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Section 32400 of the Penal Code is amended to read:

32400. Section 32310 does not apply to the sale of, giving of, lending of, possession of,
importation into this state of, or purchase of, any large-capacity magazine to or by any federal,
state, county, city and county, or city agency that is charged with the enforcement of any law, for
use by agency employees in the discharge of their official duties, whether on or off duty, and
where the use is authorized by the agency and is within the course and scope of their duties.

Section 32405 of the Penal Code is amended to read:

32405. Section 32310 does not apply to the sale to, lending to, transfer to, purchase by, receipt
of, possession of, or importation into this state of, a large-capacity magazine by a sworn peace
officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn
federal law enforcement officer, who is authorized to carry a firearm in the course and scope of
that officer's duties.

Section 32406 of the Penal Code is added to the Penal Code, to read:

32406. Section 3231 O(c) does not apply to an honorably retired sworn peace officer, as defined
in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or honorably retired sworn
federal law enforcement officer, who was authorized to carry a firearm in the course and scope
of that officer's duties. "Honorably retired" shall have the same meaning as provided in
Section 16690.

Section 32410 of the Penal Code is amended to read:

32410. Section 32310 does not apply to the sale.,_ 0f purchase, or possession of any large-capacity
magazine to or by a person licensed pursuant to Sections 26700 to 26915, inclusive.

Section 32420 of the Penal Code is repealed:

32420. Section 32310 does not apply to the importation of a large capacity magazine by a person
\vho lav.zfully possessed the large capacity magazine in the state prior to January 1, 2000,
lav.zfully took it out of the state, and is returning to the state 'Nith the same large capacity
magazme.

Section 32425 of the Penal Code is amended to read:

32425. Section 32310 does not apply to any of the following:

(a) The lending or giving of any large-capacity magazine to a person licensed pursuant to
Sections 26700 to 26915, inclusive, or to a gunsmith, for the purposes of maintenance, repair, or
modification of that large-capacity magazine.

(b) The possession of any large-capacity magazine by a person specified in subdivision (a) for
the pmposes specified in subdivision (a).

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Wm The return to its owner of any large-capacity magazine by a person specified in

subdivision (a).

Section 32435 of the Penal Code is amended to read:

32435. Section 32310 does not apply to any of the following:

(a) The sale of, giving of, lending of, possession of, importation into this state of, or purchase of,
any large-capacity magazine, to or by any entity that operates an armored vehicle business
pursuant to the laws of this state.

(b) The lending oflarge-capacity magazines by an entity specified in subdivision (a) to its
authorized employees, while in the course and scope of employment for purposes that pertain to
the entity's armored vehicle business.

(c) The possession of any large-capacity magazines by the employees of an entity specified in
subdivision (a) for purposes that pertain to the entity's armored vehicle business.

W@ The return of those large-capacity magazines to the entity specified in subdivision (a) by
those employees specified in subdivision (b ).

Section 32450 of the Penal Code is amended to read:

32450. Section 32310 does not apply to the purchase or possession of a large-capacity magazine
by the holder of a special weapons permit issued pursuant to Section 31000, 32650, or 33300, or
pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or
pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of this division, for any of
the following purposes:

(a) For use solely as a prop for a motion picture, television, or video production.

(b) For export pursuant to federal regulations.

(c) For resale to law enforcement agencies, government agencies, or the military, pursuant to
applicable federal regulations.

SEC. 7. Firearms Dealers.

Sections 26885 and 26915 of the Penal Code are hereby amended.

Section 26885 of the Penal Code is amended to read:

26885. (a) Except as provided in subdivisions (b) and (c) of Section 26805, all firearms that are
in the inventory of a licensee shall be kept within the licensed location.

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(b) Within 48 hours of discovery, a licensee shall report the loss or theft of any of the following
items to the appropriate law enforcement agency in the city, county, or city and county where the
licensee's business premises are located:

(1) Any firearm or ammunition that is merchandise of the licensee.

(2) Any firearm or ammunition that the licensee takes possession of pursuant to Chapter 5
(commencing with Section 28050), or pursuant to Section 30312.

(3) Any firearm or ammunition kept at the licensee's place of business.

Section 26915 of the Penal Code is amended to read:

26915. (a) Commencing January 1, 2018, a A-firearms dealer may shall require any agent or
employee who handles, sells, or delivers firearms to obtain and provide to the dealer a certificate
of eligibility from the Department of Justice pursuant to Section 26710. On the application for
the certificate, the agent or employee shall provide the name and California firearms dealer
number of the firearms dealer with whom the person is employed.

(b) The department shall notify the firearms dealer in the event that the agent or employee who
has a certificate of eligibility is or becomes prohibited from possessing firearms.

(c) If the local jurisdiction requires a background check of the agents or employees of a firearms
dealer, the agent or employee shall obtain a certificate of eligibility pursuant to subdivision (a).

(d)(l) Nothing in this section shall be construed to preclude a local jurisdiction from conducting
an additional background check pursuant to Section 11105. The local jurisdiction may not
charge a fee for the additional criminal history check. ·

(2) Nothing in this section shall be construed to preclude a local jurisdiction from prohibiting
employment based on criminal history that does not appear as part of obtaining a certificate of
eligibility.

(e) The licensee shall prohibit any agent who the licensee knows or reasonably should know is
within a class of persons prohibited from possessing firearms pursuant to Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9
of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, from coming into
contact with any firearm that is not secured and from accessing any key, combination, code, or
other means to open any of the locking devices described in subdivision (g).

(f) Nothing in this section shall be construed as preventing a local government from enacting an
ordinance imposing additional conditions on licensees with regard to agents or employees.

(g) For purposes of this article, "secured" means a firearm that is made inoperable in one or more
of the following ways:

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( 1) The firearm is inoperable because it is secured by a firearm safety device listed on the
department's roster of approved firearm safety devices pursuant to subdivision (d) of
Section 23655.

(2) The firearm is stored in a locked gun safe or long-gun safe that meets the standards for
department-approved gun safes set forth in Section 23650.

(3) The firearm is stored in a distinct locked room or area in the building that is used to store
firearms, which can only be unlocked by a key, a combination, or similar means.

(4) The firearm is secured with a hardened steel rod or cable that is at least one-eighth of an inch
in diameter through the trigger guard of the firearm. The steel rod or cable shall be secured with
a hardened steel lock that has a shackle. The lock and shackle shall be protected or shielded
from the use of a boltcutter and the rod or cable shall be anchored in a manner that prevents the
removal of the firearm from the premises.

SEC. 8. Sales of Ammunition.

Article 4 (commencing with section 30370) and Article 5 (commencing with section 30385)
are hereby added to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code;
Sections 16151, 30314, 30342, 30348, 30363, and 30371 are hereby added to the Penal Code;
the heading of Article 3 (commencing with Section 30342) of Chapter 1 of Division 10 of
Title 4 of Part 6, and Sections 16150, 17315, 30306, 30312, 30347, 30350, and 30352 of the
Penal Code are hereby amended, and Section 16662 of the Penal Code is hereby repealed.

Section 16150 of the Penal Code is amended to read:

16150. (a) i\s used in Section 30300, "ammunition" means handgun ammunition as defined in
Section 16650. As used in this part, except in subdivision (a) of Section 30305 and in
Section 3 03 06, "ammunition" means one or more loaded cartridges consisting of a primed case,
propellant, and with one or more projectiles. "Ammunition" does not include blanks.

(b) As used in subdivision (a) of Section 30305 and in Section 30306, "ammunition" includes,
but is not limited to, any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile
capable of being fired from a firearm with a deadly consequence. "Ammunition" does not
include blanks.

Section 16151 is added to the Penal Code, to read:

16151. (a) As used in this part, commencing January 1, 2018, "ammunition vendor" means any
person, firm, corporation, or other business enterprise that holds a current ammunition vendor
license issued pursuant to Section 30385.

(b) Commencing January 1, 2018, a firearms dealer licensed pursuant to Sections 26700
to 26915, inclusive, shall automatically be deemed a licensed ammunition vendor, provided the

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dealer complies with the requirements of Articles 2 (commencing with Section 30300) and 3
(commencing with Section 30342) of Chapter 1 of Division 10 of Title 4 of this part.

Section 16662 of the Penal Code is repealed.

16662. As used in this part, "handgun ammunition vendor" means any person, firm, corporation,
dealer, or any other business enterprise that is engaged in the retail sale of any handgun
ammunition, or that holds itself out as engaged in the business of selling any handgun
ammunition.

Section 17315 of the Penal Code is amended to read:

17315. As used in A,rticle 3 (commencing with Section 303 45) Articles 2 through 5 of Chapter 1
of Division 10 of Title 4, "vendor" means ag handgun ammunition vendor.

Section 30306 of the Penal Code is amended to read:

30306. (a) Any person, corporation, er firm, or other business enterprise who supplies, delivers,
sells, or gives possession or control of, any ammunition to any person who he or she knows or
using reasonable care should know is prohibited from owning, possessing, or having under
custody or control, any ammunition or reloaded ammunition pursuant to subdivision (a) or (b) of
Section 30305, is guilty of a misdemeanor, punishable by imprisonment in a county jail not
exceeding one year, or a fine not exceeding one thousand dollars ($1,000), or by both that fine
and imprisonment.

(b) Any person, corporation, firm, or other business enterprise who supplies, delivers, sells, or
gives possession or control of, any ammunition to any person whom the person, corporation,
firm, or other business enterprise knows or has cause to believe is not the actual purchaser or
transferee of the ammunition, with knowledge or cause to believe that the ammunition is to be
subsequently sold or transferred to a person who is prohibited from owning, possessing, or
having under custody or control any ammunition or reloaded ammunition pursuant to
subdivision (a) or (b) of Section 30305, is guilty of a misdemeanor, punishable by imprisonment
in a county jail not exceeding one year, or a fine not exceeding one thousand dollars ($1,000), or
by both that fine and imprisonment.

fbj(c) The provisions of this section are cumulative and shall not be construed as restricting the
application of any other law. However, an act or omission punishable in different ways by this
section and another provision of law shall not be punished under more than one provision.

Section 30312 of the Penal Code is amended to read:

30312. (a) Commencing February 1, 2011, the (1) Commencing January 1, 2018, the sale of
ammunition by any party shall be conducted by or processed through a licensed ammunition
vendor.

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(2) When neither party to an ammunition sale is a licensed ammunition vendor, the seller shall
deliver the ammunition to a vendor to process the transaction. The ammunition vendor shall then
promptly and properly deliver the ammunition to the purchaser, if the sale is not prohibited, as if
the ammunition were the vendor's own merchandise. If the ammunition vendor cannot legally
deliver the ammunition to the purchaser, the vendor shall forthwith return the ammunition to the
seller. The ammunition vendor may charge the purchaser an administrative fee to process the
transaction, in an amount to be set by the Department of Justice, in addition to any applicable
fees that may be charged pursuant to the provisions of this title.

(b) Commencing January 1, 2018, the sale, delivery or transfer of ownership of handgun
ammunition by any party may only occur in a face-to-face transaction with the seller, deliverer or
transferor being provided bona fide evidence of identity from the purchaser or other transferee~
provided, however, that ammunition may be purchased or acquired over the Internet or through
other means of remote ordering if a licensed ammunition vendor initially receives the
ammunition and processes the transaction in compliance with this section and Article 3
(commencing with Section 30342) of Chapter 1 of Division 10 of Title 4 of this part.

tbf.(Ql_Subdivision~ (a) and (b) shall not apply to or affect the sale, delivery, or transfer of
handgun ammunition to any of the following:

(1) An authorized law enforcement representative of a city, county, city and county, or state or
federal government, if the sale, delivery, or transfer is for exclusive use by that government
agency and, prior to the sale, delivery, or transfer of the handgun ammunition, written
authorization from the head of the agency employing the purchaser or transferee is obtained,
identifying the employee as an individual authorized to conduct the transaction, and authorizing
the transaction for the exclusive use of the agency employing the individual.

(2) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, or sworn federal law enforcement officer, who is authorized to carry a firearm in the
course and scope of the officer's duties.

(3) An importer or manufacturer of handgun ammunition or firearms who is licensed to engage

in business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.

(4) A person who is on the centralized list of exempted federal firearms licensees maintained by
the Department of Justice pursuant to Article 6 (commencing with Section 28450) of Chapter 6
of Division 6 of this title.

(5) A person whose licensed premises are outside this state and who is licensed as a dealer or
collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the
United States Code and the regulations issued pursuant thereto.

(6) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto,

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whose licensed premises are within this state, and who has a current certificate of eligibility
issued by the Department of Justice pursuant to Section 26710.

(7) A handgun An ammunition vendor.

(8) A consultant-evaluator.

(9) A person who purchases or receives ammunition at a target facility holding a business or
other regulatory license, provided that the ammunition is at all times kept within the facility's
premises.

(10) A person who purchases orreceives ammunition from a spouse, registered domestic partner,
or immediate family member as defined in Section 16720.

fej@ A violation of this section is a misdemeanor.

Section 30314 is added to the Penal Code, to read:

30314. (a) Commencing January 1, 2018, a resident of this state shall not bring or transport into
this state any ammunition that he or she purchased or otherwise obtained from outside of this
state unless he or she first has that ammunition delivered to a licensed ammunition vendor for
delivery to that resident pursuant to the procedures set forth in Section 3 0312.

(b) Subdivision (a) does not apply to any of the following:

(1) An ammunition vendor.

(2) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, or sworn federal law enforcement officer, who is authorized to carry a firearm in the
course and scope of the officer's duties.

(3) An importer or manufacturer of ammunition or firearms who is licensed to engage in

business pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto.

(4) A person who is on the centralized list of exempted federal firearms licensees maintained by
the Department of Justice pursuant to Article 6 (commencing with Section 28450) of Chapter 6
of Division 6 of this title.

(5) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto,
whose licensed premises are within this state, and who has a current certificate of eligibility
issued by the Department of Justice pursuant to Section 26710.

(6) A person who acquired the ammunition from a spouse, registered domestic partner, or
immediate family member as defined in Section 16720.

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(c) A violation of this section is an infraction for any first time offense, and either an infraction
or a misdemeanor for any subsequent offense.

The heading of Article 3 (commencing with Section 30342) of Chapter 1 of Division 10 of

Title 4 of Part 6 of the Penal Code is amended to read:

ARTICLE 3. Handgun Ammunition Vendors [30342-3- - 30365]

Section 30342 is added to the Penal Code, to read:

30342. (a) Commencing January 1, 2018, a valid ammunition vendor license shall be required
for any person, firm, corporation, or other business enterprise to sell more than 500 rounds of
ammunition in any 30-day period.

(b) A violation of this section is a misdemeanor.

Section 30347 of the Penal Code is amended to read:

30347. (a) An ammunition vendor shall require any agent or employee who handles, sells,
delivers, or has under his or her custody or control any ammunition, to obtain and provide to the
vendor a certificate of eligibility from the Department of Justice issued pursuant to
Section 26710. On the application for the certificate, the agent or employee shall provide the
name and address of the ammunition vendor with whom the person is employed, or the name and
California firearms dealer number of the ammunition vendor if applicable.

(b) The Department shall notify the ammunition vendor in the event that the agent or employee
who has a certificate of eligibility is or becomes prohibited from possessing ammunition under
Section 30305(a) or federal law.

{£)_An ammunition vendor shall not permit any agent or employee who the vendor knows or
reasonably should know is a person described in Chapter 2 (commencing with Section 29800) or
Chapter 3 (commencing with Section 29900) of Division 9 of this title or Section 8100 or 8103
of the Welfare and Institutions Code to handle, sell, Bf deliver, or have under his or her custody
or control, any handgun ammunition in the course and scope of employment.

Section 30348 is added to the Penal Code, to read:

30348. (a) Except as provided in subdivision (b), the sale of ammunition by a licensed vendor
shall be conducted at the location specified in the license.

(b) A vendor may sell ammunition at a gun show or event if the gun show or event is not
conducted from any motorized or towed vehicle.

(c) For purposes of this section, "gun show or event" means a function sponsored by any
national, state, or local organization, devoted to the collection, competitive use, or other sporting

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use of firearms, or an organization or association that sponsors functions devoted to the

collection, competitive use, or other sporting use of firearms in the community.

(d) Sales of ammunition at a gun show or event shall comply with all applicable laws including
Sections 30347, 30350, 30352, and 30360.

Section 30350 of the Penal Code is amended to read:

30350. An ammunition vendor shall not sell or otherwise transfer ownership of, offer for sale or
otherwise offer to transfer ownership of, or display for sale or display for transfer of ownership
of any handgun ammunition in a manner that allows that ammunition to be accessible to a
purchaser or transferee without the assistance of the vendor or an employee of the vendor.

Section 30352 of the Penal Code is amended to read:

30352. (a) Commencing February 1, 2011, a July 1, 2019, an ammunition vendor shall not sell or
otherwise transfer ownership of any handgun ammunition without, at the time of delivery,
legibly recording the following information on a form to be prescribed by the Department of
Justice:

(1) The date of the sale or other transaction transfer.

(2) The purchaser's or transferee's driver's license or other identification number and the
state in which it was issued.

(3) The brand, type, and amount of ammunition sold or otherwise transferred.

(4) The purchaser's or transferee's full name and signature.

(5) The name of the salesperson who processed the sale or other transaction.

(6) The right thumbprint of the purchaser or transferee on the above form.

(2+) The purchaser's or transferee's full residential address and telephone number.

(2-&) The purchaser's or transferee's date of birth.

(b) Commencing July 1, 2019, an ammunition vendor shall electronically submit to the
Department the information required by subdivision (a) for all sales and transfers of ownership
of ammunition. The Department shall retain this information in a database to be known as the
Ammunition Purchase Records File. This information shall remain confidential and may be used
by the Department and those entities specified in, and pursuant to, subdivision (b) or (c) of
Section 11105, through the California Law Enforcement Telecommunications System, only for
law enforcement purposes. The ammunition vendor shall not use, sell, disclose, or share such
information for any other purpose other than the submission required by this subdivision without
the express written consent of the purchaser or transferee.

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(c) Commencing on July 1, 2019, only those persons listed in this subdivision, or those persons
or entities listed in subdivision (e), shall be authorized to purchase ammunition. Prior to
delivering any ammunition, an ammunition vendor shall require bona fide evidence of identity to
verify that the person who is receiving delivery of the ammunition is a person or entity listed in
subdivision (e) or one of the following:

(1) A person authorized to purchase ammunition pursuant to Section 30370.

(2) A person who was approved by the Department to receive a firearm from the ammunition
vendor, pursuant to Section 28220, if that vendor is a licensed firearms dealer, and the
ammunition is delivered to the person in the same transaction as the firearm.

(d) Commencing July 1, 2019, the ammunition vendor shall verify with the Department, in a
manner prescribed by the Department, that the person is authorized to purchase ammunition by
comparing the person's ammunition purchase authorization number to the centralized list of
authorized ammunition purchasers. If the person is not listed as an authorized ammunition
purchaser, the vendor shall deny the sale or transfer.

--fbj~ Subdivision§. (a) and (d) shall not apply to or affect sales or other transfers of ownership
of handgun ammunition by handgun ammunition vendors to any of the following, if properly
identified:

(1) /'.. person licensed pursuant to Sections 26700 to 26915, inclusive.

f21-(1) A handgun An ammunition vendor.

~(2) A person who is on the centralized list of exempted federal firearms licensees maintained
by the department pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of
Division 6 of this title.

(4)--(3) A target facility that holds a business or regulatory license, or person who purchases or
receives ammunition at a target facility holding a business or other regulatory license, provided
that the ammunition is at all times kept within the facility's premises.

(:B-(4) A gunsmith.

fet-(5) A wholesaler.

f7)-( 6) A manufacturer or importer of firearms or ammunition licensed pursuant to Chapter 44

(commencing with Section 921) of Title 18 of the United States Code, and the regulations issued
pursuant thereto.

f&t-(7) An authorized law enforcement representative of a city, county, city and county, or state
or federal government, if the sale or other transfer of ownership is for exclusive use by that
government agency, and, prior to the sale, delivery, or transfer of the handgun ammunition,

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written authorization from the head of the agency authorizing the transaction is presented to the
person from whom the purchase, delivery, or transfer is being made. Proper written
authorization is defined as verifiable written certification from the head of the agency by which
the purchaser, transferee, or person otherwise acquiring ownership is employed, identifying the
employee as an individual authorized to conduct the transaction, and authorizing the transaction
for the exclusive use of the agency by which that individual is employed.

(8)(a) A properly identified sworn peace officer, as defined in Chapter 4.5 (commencing with
Section 830) of Title 3 of Part 2, or properly identified sworn federal law enforcement officer,
who is authorized to carry a firearm in the course and scope of the officer's duties.

(b )( 1) Proper identification is defined as verifiable written certification from the head of the
agency by which the purchaser or transferee is employed, identifying the purchaser or transferee
as a full-time paid peace officer who is authorized to carry a firearm in the course and scope of
the officer's duties.

(2) The certification shall be delivered to the vendor at the time of purchase or transfer and the
purchaser or transferee shall provide bona fide evidence of identity to verify that he or she is the
person authorized in the certification.

(3) The vendor shall keep the certification with the record of sale and submit the certification to
the Department.

(f) The Department of Justice is authorized to adopt regulations to implement the provisions of
this section.

Section 30363 is added to the Penal Code, to read:

30363. Within 48 hours of discovery, an ammunition vendor shall report the loss or theft of any
of the following items to the appropriate law enforcement agency in the city, county, or city and
county where the vendor's business premises are located:

( 1) Any ammunition that is merchandise of the vendor.

(2) Any ammunition that the vendor takes possession of pursuant to Section 30312.

(3) Any ammunition kept at the vendor's place of business.

Article 4 (commencing with Section 30370) is added to Chapter 1 of Division 10 of Title 4 of

Part 6 of the Penal Code, to read:

Article 4. Ammunition Purchase Authorizations

30370. (a)(l) Commencing on January 1, 2019, any person who is 18 years of age or older may
apply to the Department for an ammunition purchase authorization.

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(2) The ammunition purchase authorization may be used by the authorized person to purchase or
otherwise seek the transfer of ownership of ammunition from an ammunition vendor, as that
term is defined in Section 16151, and shall have no other force or effect.

(3) The ammunition purchase authorization shall be valid for four years from July 1, 2019 or the
date of issuance, whichever is later, unless it is revoked by the Department pursuant to
subdivision (b).

(b) The ammunition purchase authorization shall be promptly revoked by the Department upon
the occurrence of any event which would have disqualified the holder from being issued the
ammunition purchase authorization pursuant to this section. If an authorization is revoked, the
Department shall upon the written request of the holder state the reasons for doing so and
provide the holder an appeal process to challenge that revocation.

(c) The Department shall create and maintain an internal centralized list of all persons who are
authorized to purchase ammunition and shall promptly remove from the list any persons whose
authorization was revoked by the Department pursuant to this section. The Department shall
provide access to the list by ammunition vendors for purposes of conducting ammunition sales or
other transfers, and shall provide access to the list by law enforcement agencies for law
enforcement purposes.

(d) The Department shall issue an ammunition purchase authorization to the applicant if all of
the following conditions are met:

( 1) The applicant is 18 years of age or older.

(2) The applicant is not prohibited from acquiring or possessing ammunition under
Section 30305(a) or federal law.

(3) The applicant pays the fees set forth in subdivision (g).

(e)(l) Upon receipt of an initial or renewal application, the Department shall examine its records,
and the records it is authorized to request from the State Department of State Hospitals, pursuant
to Section 8104 of the Welfare and Institutions Code, and if authorized, the National Instant
Criminal Background Check System, as described in Section 922(t) of Title 18 of the United
States Code, in order to determine if the applicant is prohibited from possessing or acquiring
ammunition under Section 30305(a) or federal law.

(2) The applicant shall be approved or denied within 30 days of the date of the submission of the
application to the Department. If the application is denied, the Department shall state the reasons
for doing so and provide the applicant an appeal process to challenge that denial.

(3) If the Department is unable to ascertain the final disposition of the application within 30 days
of the applicant's submission, the Department shall grant authorization to the applicant.

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(4) The ammunition purchase authorization number shall be the same as the number on the
document presented by the person as bona fide evidence of identity.

(f) The Department shall renew a person's ammunition purchase authorization before its
expiration, provided that the Department determines that the person is not prohibited from
acquiring or possessing ammunition under Section 30305(a) or federal law, and provided the
applicant timely pays the renewal fee set forth in subdivision (g).

(g) The Department may charge a reasonable fee not to exceed $50 per person for the issuance of
an ammunition purchase authorization or the issuance of a renewal authorization, however, the
Department shall not set these fees any higher than necessary to recover the reasonable,
estimated costs to fund the ammunition authorization program provided for in this section and
Section 30352, including the enforcement of this program and maintenance of any data systems
associated with this program.

(h) A fund to be known as the "Ammunition Safety and Enforcement Special Fund" is hereby
created within the State Treasury. All fees received pursuant to this section shall be deposited
into the Ammunition Safety and Enforcement Special Fund of the General Fund, and,
notwithstanding Section 13340 of the Government Code, are continuously appropriated for
purposes of implementing, operating and enforcing the ammunition authorization program
provided for in this section and Section 30352, and for repaying the start-up loan provided for in
Section 303 71.

(i) The Department shall annually review and may adjust all fees specified in subdivision (g) for
inflation.

(j) The Department of Justice is authorized to adopt regulations to implement the provisions of
this section.

Section 30371 is added to the Penal Code, to read:

30371. (a) There is hereby appropriated twenty-five million dollars ($25,000,000) from the
General Fund as a loan for the start-up costs of implementing, operating and enforcing the
provisions of the ammunition authorization program provided for in Sections 30352 and 30370.

(b) For purposes of repaying the loan, the Controller shall, after disbursing moneys necessary to
implement, operate and enforce the ammunition authorization program provided for in
Sections 30352 and 30370, transfer all proceeds from fees received by the Ammunition Safety
and Enforcement Special Fund up to the amount of the loan provided by this Section, including
interest at the pooled money investment account rate, to the General Fund.

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Article 5 (commencing with Section 30385) is added to Chapter 1 of Division 10 of Title 4 of

Part 6 of the Penal Code, to read:

Article 5. Ammunition Vendor Licenses

30385. (a) The Department of Justice is authorized to issue ammunition vendor licenses pursuant
to this article. The Department shall, commencing July 1, 2017, commence accepting
applications for ammunition vendor licenses. If an application is denied, the Department shall
inform the applicant of the reason for denial in writing.

(b) The ammunition vendor license shall be issued in a form prescribed by the Department of
Justice and shall be valid for a period of one year. The Department may adopt regulations to
administer the application and enforcement provisions of this article. The license shall allow the
licensee to sell ammunition at the location specified in the license or at a gun show or event as
set forth in Section 30348.

(c )( 1) In the case of an entity other than a natural person, the Department shall issue the license
to the entity, but shall require a responsible person to pass the background check pursuant to
Section 30395.

(2) A "responsible person" for purposes ohhis article, means a person having the power to direct
the management, policies and practices of the entity as it pertains to ammunition.

(d) Commencing January 1, 2018, a firearms dealer licensed pursuant to Sections 26700
to 26915, inclusive, shall automatically be deemed a licensed ammunition vendor, provided the
dealer complies with the requirements of Article 2 (commencing with Section 30300) and
Article 3 (commencing with Section 30342) of this chapter.

30390. (a) The Department may charge ammunition vendor license applicants a reasonable fee
sufficient to reimburse the Department for the reasonable, estimated costs of administering the
license program, including the enforcement of this program and maintenance of the registry of
ammunition vendors.

(b) The fees received by the Department pursuant to this article shall be deposited in the
Ammunition Vendor's Special Account, which is hereby created. Notwithstanding
Section 13340 of the Government Code, the revenue in the fund is continuously appropriated for
use by the Department of Justice for the purpose of implementing, administering and enforcing
the provisions of this article, and for collecting and maintaining information submitted pursuant
to Section 30352.

(c) The revenue in the Firearms Safety and Enforcement Special Fund shall also be available
upon appropriation to the Department of Justice for the purpose of implementing and enforcing
the provisions of this article.

30395. (a) The Department is authorized to issue ammunition vendor licenses to applicants who
the Department has determined, either as an individual or a responsible person, are not prohibited

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from possessing, receiving, owning, or purchasing ammunition under Section 30305(a) or federal
law, and who provide a copy of any regulatory or business license required by local government,
a valid seller's permit issued by the State Board of Equalization, a federal firearms license if the
person is federally licensed, and a certificate of eligibility issued by the Department.

(b) The Department shall keep a registry of all licensed ammunition vendors. Law enforcement
agencies shall be provided access to the registry for law enforcement purposes.

(c) An ammunition vendor license is subject to forfeiture for a breach of any of the prohibitions
and requirements of Article 2 (commencing with Section 30300) or Article 3 (commencing with
Section 30342) of this chapter.

SEC. 9. Nothing in this Act shall preclude or preempt a local ordinance that imposes additional
penalties or requirements in regard to the sale or transfer of ammunition.

SEC. 10. Securing Firearms From Prohibited Persons.

Sections 1524, 27930 and 29810 of the Penal Code are hereby amended, and a new
Section 29810 is hereby added to the Penal Code.

Section 1524 of the Penal Code is amended to read:

1524. (a) A search warrant may be issued upon any of the following grounds:

(1) When the property was stolen or embezzled.

(2) When the property or things were used as the means of committing a felony.

(3) When the property or things are in the possession of any person with the intent to use them as
a means of committing a public offense, or in the possession of another to whom he or she may
have delivered them for the purpose of concealing them or preventing them from being
discovered.

(4) When the property or things to be seized consist of any item or constitute any evidence that
tends to show a felony has been committed, or tends to show that a particular person has
committed a felony.

(5) When the property or things to be seized consist of evidence that tends to show that sexual
exploitation of a child, in violation of Section 311.3, or possession of matter depicting sexual
conduct of a person under 18 years of age, in violation of Section 311.11, has occurred or is
occurrmg.

(6) When there is a warrant to arrest a person.

(7) When a provider of electronic communication service or remote computing service has
records or evidence, as specified in Section 1524.3, showing that property was stolen or

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embezzled constituting a misdemeanor, or that property or things are in the possession of any
person with the intent to use them as a means of committing a misdemeanor public offense, or in
the possession of another to whom he or she may have delivered them for the purpose of
concealing them or preventing their discovery.

(8) When the property or things to be seized include an item or any evidence that tends to show a
violation of Section 3700.5 of the Labor Code, or tends to show that a particular person has
violated Section 3700.5 of the Labor Code.

(9) When the property or things to be seized include a firearm or any other deadly weapon at the
scene of, or at the premises occupied or under the control of the person arrested in connection
with, a domestic violence incident involving a threat to human life or a physical assault as
provided in Section 18250. This section does not affect warrantless seizures otherwise
authorized by Section 18250.

(10) When the property or things to be seized include a firearm or any other deadly weapon that
is owned by, or in the possession of, or in the custody or control of, a person described in
subdivision (a) of Section 8102 of the Welfare and Institutions Code.

(11) When the property or things to be seized include a firearm that is owned by, or in the
possession of, or in the custody or control of, a person who is subject to the prohibitions
regarding firearms pursuant to Section 6389 of the Family Code, if a prohibited firearm is
possessed, owned, in the custody of, or controlled by a person against whom a protective order
has been issued pursuant to Section 6218 of the Family Code, the person has been lawfully
served with that order, and the person has failed to relinquish the firearm as required by law.

(12) When the information to be received from the use of a tracking device constitutes evidence
that tends to show that either a felony, a misdemeanor violation of the Fish and Game Code, or a
misdemeanor violation of the Public Resources Code has been committed or is being committed,
tends to show that a particular person has committed a felony, a misdemeanor violation of the
Fish and Game Code, or a misdemeanor violation of the Public Resources Code, or is
committing a felony, a misdemeanor violation of the Fish and Game Code, or a misdemeanor
violation of the Public Resources Code, or will assist in locating an individual who has
committed or is committing a felony, a misdemeanor violation of the Fish and Game Code, or a
misdemeanor violation of the Public Resources Code. A tracking device search warrant issued
pursuant to this paragraph shall be executed in a manner meeting the requirements specified in
subdivision (b) of Section 1534.

(13) When a sample of the blood of a person constitutes evidence that tends to show a violation
of Section 23140, 23152, or 23153 of the Vehicle Code and the person from whom the sample is
being sought has refused an officer's request to submit to, or has failed to complete, a blood test
as required by Section 23612 of the Vehicle Code, and the sample will be drawn from the person
in a reasonable, medically approved manner. This paragraph is not intended to abrogate a
court's mandate to determine the propriety of the issuance of a search warrant on a case-by-case
basis.

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( 14) Beginning January 1, 2016, the property or things to be seized are firearms or ammunition
or both that are owned by, in the possession of, or in the custody or control of a person who is
the subject of a gun violence restraining order that has been issued pursuant to Division 3.2
(commencing with Section 18100) of Title 2 of Part 6, if a prohibited firearm or ammunition or
both is possessed, owned, in the custody of, or controlled by a person against whom a gun
violence restraining order has been issued, the person has been lawfully served with that order,
and the person has failed to relinquish the firearm as required by law.

(15) Beginning January 1, 2018, the property or things to be seized include a firearm that is
owned by, or in the possession of, or in the custody or control of, a person who is subject to the
prohibitions regarding firearms pursuant to Sections 29800 or 29805 of the Penal Code, and the
court has made a finding pursuant to Section 29810(c)(3) that the person has failed to relinquish
the firearm as required by law.

(b) The property, things, person, or persons described in subdivision (a) may be taken on the
warrant from any place, or from any person in whose possession the property or things may be.

(c) Notwithstanding subdivision (a) or (b), no search warrant shall issue for any documentary
evidence in the possession or under the control of any person who is a lawyer as defined in
Section 950 of the Evidence Code, a physician as defined in Section 990 of the Evidence Code, a
psychotherapist as defined in Section 1010 of the Evidence Code, or a member of the clergy as
defined in Section 1030 of the Evidence Code, and who is not reasonably suspected of engaging
or having engaged in criminal activity related to the documentary evidence for which a warrant
is requested unless the following procedure has been complied with:

(1) At the time of the issuance of the warrant, the court shall appoint a special master in
accordance with subdivision (d) to accompany the person who will serve the warrant. Upon
service of the warrant, the special master shall inform the party served of the specific items being
sought and that the party shall have the opportunity to provide the items requested. If the party,
in the judgment of the special master, fails to provide the items requested, the special master
shall conduct a search for the items in the areas indicated in the search warrant.

(2)(A) If the party who has been served states that an item or items should not be disclosed, they
shall be sealed by the special master and taken to court for a hearing.

(B) At the hearing, the party searched shall be entitled to raise any issues that may be raised
pursuant to Section 1538.5 as well as a claim that the item or items are privileged, as provided by
law. The hearing shall be held in the superior court. The court shall provide sufficient time for
the parties to obtain counsel and make any motions or present any evidence. The hearing shall
be held within three days of the service of the warrant unless the court makes a finding that the
expedited hearing is impracticable. In that case the matter shall be heard at the earliest possible
time.

(C) If an item or items are taken to court for a hearing, any limitations of time prescribed in
Chapter 2 (commencing with Section 799) of Title 3 of Part 2 shall be tolled from the time of the

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seizure until the final conclusion of the hearing, including any associated writ or appellate
proceedings.

(3) The warrant shall, whenever practicable, be served during normal business hours. In
addition, the warrant shall be served upon a party who appears to have possession or control of
the items sought. If, after reasonable efforts, the party serving the warrant is unable to locate the
person, the special master shall seal and return to the court, for determination by the court, any
item that appears to be privileged as provided by law.

(d)(l) As used in this section, a "special master" is an attorney who is a member in good
standing of the California State Bar and who has been selected from a list of qualified attorneys
that is maintained by the State Bar particularly for the purposes of conducting the searches
described in this section. These attorneys shall serve without compensation. A special master
shall be considered a public employee, and the governmental entity that caused the search
warrant to be issued shall be considered the employer of the special master and the applicable
public entity, for purposes of Division 3.6 (commencing with Section 810) of Title 1 of the
Government Code, relating to claims and actions against public entities and public employees.
In selecting the special master, the court shall make every reasonable effort to ensure that the
person selected has no relationship with any of the parties involved in the pending matter. Any
information obtained by the special master shall be confidential and may not be divulged except
in direct response to inquiry by the court.

(2) In any case in which the magistrate determines that, after reasonable efforts have been made
to obtain a special master, a special master is not available and would not be available within a
reasonable period of time, the magistrate may direct the party seeking the order to conduct the
search in the manner described in this section in lieu of the special master.

(e) Any search conducted pursuant to this section by a special master may be conducted in a
manner that permits the party serving the warrant or his or her designee to accompany the special
master as he or she conducts his or her search. However, that party or his or her designee may
not participate in the search nor shall he or she examine any of the items being searched by the
special master except upon agreement of the party upon whom the warrant has been served.

(:f) As used in this section, "documentary evidence" includes, but is not limited to, writings,
documents, blueprints, drawings, photographs, computer printouts, microfilms, X-rays, files,
diagrams, ledgers, books, tapes, audio and video recordings, films, and papers of any type or
description.

(g) No warrant shall issue for any item or items described in Section 1070 of the Evidence Code.

(h) Notwithstanding any other law, no claim of attorney work product as described in Chapter 4
(commencing with Section 2018.010) of Title 4 of Part 4 of the Code of Civil Procedure shall be
sustained where there is probable cause to believe that the lawyer is engaging or has engaged in
criminal activity related to the documentary evidence for which a warrant is requested unless it is
established at the hearing with respect to the documentary evidence seized under the warrant that

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the services of the lawyer were not sought or obtained to enable or aid anyone to commit or plan
to commit a crime or a fraud.

(i) Nothing in this section is intended to limit an attorney's ability to request an in camera
hearing pursuant to the holding of the Supreme Court of California in People v. Superior Court
(Laff) (2001) 25 Cal.4th 703.

(j) In addition to any other circumstance permitting a magistrate to issue a warrant for a person
or property in another county, when the property or things to be seized consist of any item or
constitute any evidence that tends to show a violation of Section 530.5, the magistrate may issue
a warrant to search a person or property located in another county if the person whose identifying
information was taken or used resides in the same county as the issuing court.

(k) This section shall not be construed to create a cause of action against any foreign or
California corporation, its officers, employees, agents, or other specified persons for providing
location information.

Section 27930 of the Penal Code is amended to read:

27930. Section 27545 does not apply to deliveries, transfers, or returns of firearms made
pursuant to any of the following:

(a) Sections 18000 and 18005.

(b) Division 4 (commencing with Section 18250) of Title 2.

(c) Chapter 2 (commencing with Section 33850) of Division 11.

(d) Sections 34005 and 34010.

(e) Section 29810.

Section 29810 of the Penal Code is amended to read:

29810. (a) For any person who is subject to Section 29800 or 29805, the court shall, at the time
judgment is imposed, provide on a form supplied by the Department of Justice, a notice to the
defendant prohibited by this chapter from owning, purchasing, receiving, possessing, or having
under custody or control, any firearm. The notice shall inform the defendant of the prohibition
regarding firearms and include a form to facilitate the transfer of firearms. If the prohibition on
owning or possessing a firearm will expire on a date specified in the court order, the form shall
inform the defendant that he or she may elect to have his or her firearm transferred to a firearms
dealer licensed pursuant to Section 29830.

(b) Failure to provide the notice described in subdivision (a) is not a defense to a violation of this
chapter.

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(c) This section shall be repealed effective January 1, 2018.

Section 29810 is added to the Penal Code, to read:

29810. (a)(l) Upon conviction of any offense that renders a person subject to Section 29800 or
Section 29805, the person shall relinquish all firearms he or she owns, possesses, or has under
his or her custody or control in the manner provided in this section.

(2) The court shall, upon conviction of a defendant for an offense described in subdivision (a),
instruct the defendant that he or she is prohibited from owning, purchasing, receiving,
possessing, or having under his or her custody or control, any firearms, ammunition, and
ammunition feeding devices, including but not limited to magazines, and shall order the
defendant to relinquish all firearms in the manner provided in this section. The court shall also
provide the defendant with a Prohibited Persons Relinquishment Form developed by the
Department of Justice.

(3) Using the Prohibited Persons Relinquishment Form, the defendant shall name a designee and
grant the designee power of attorney for the purpose of transferring or disposing of any firearms.
The designee shall be either a local law enforcement agency or a consenting third party who is
not prohibited from possessing firearms under state or federal law. The designee shall, within
the time periods specified in subdivisions (d) and (e), surrender the firearms to the control of a
local law enforcement agency, sell the firearms to a licensed firearms dealer, or transfer the
firearms for storage to a firearms dealer pursuant to Section 29830.

(b) The Prohibited Persons Relinquishment Form shall do all of the following:

(1) Inform the defendant that he or she is prohibited from owning, purchasing, receiving,
possessing, or having under his or her custody or control, any firearms, ammunition, and
ammunition feeding devices, including but not limited to magazines, and that he or she shall
relinquish all firearms through a designee within the time periods set forth in subdivisions (d)
or (e) by surrendering the firearms to the control of a local law enforcement agency, selling the
firearms to a licensed firearms dealer, or transferring the firearms for storage to a firearms dealer
pursuant to Section 29830.

(2) Inform the defendant that any cohabitant of the defendant who owns firearms must store
those firearms in accordance with Section 25135.

(3) Require the defendant to declare any firearms that he or she owned, possessed, or had under
his or her custody or control at the time of his or her conviction, and require the defendant to
describe the firearms and provide all reasonably available information about the location of the
firearms to enable a designee or law enforcement officials to locate the firearms.

(4) Require the defendant to name a designee, if the defendant declares that he or she owned,
possessed, or had under his or her custody or control any firearms at the time of his or her
conviction, and grant the designee power of attorney for the purpose of transferring or disposing
of all firearms.

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(5) Require the designee to indicate his or her consent to the designation and, except a designee
that is a law enforcement agency, to declare under penalty of perjury that he or she is not
prohibited from possessing any firearms under state or federal law.

(6) Require the designee to state the date each firearm was relinquished and the name of the
party to whom it was relinquished, and to attach receipts from the law enforcement officer or
licensed firearms dealer who took possession of the relinquished firearms.

(7) Inform the defendant and the designee of the obligation to submit the completed Prohibited
Persons Relinquishment Form to the assigned probation officer within the time periods specified
in subdivisions (d) and (e).

(c)(l) When a defendant is convicted of an offense described in subdivision (a), the court shall
immediately assign the matter to a probation officer to investigate whether the Automated
Firearms System or other credible information, such as a police report, reveals that the defendant
owns, possesses, or has under his or her custody or control any firearms. The assigned probation
officer shall receive the Prohibited Persons Relinquishment Form from the defendant or the
defendant's designee, as applicable, and ensure that the Automated Firearms System has been
properly updated to indicate that the defendant has relinquished those firearms.

(2) Prior to final disposition or sentencing in the case, the assigned probation officer shall report
to the court whether the defendant has properly complied with the requirements of this section by
relinquishing all firearms identified by the probation officer's investigation or declared by the
defendant on the Prohibited Persons Relinquishment Form, and by timely submitting a
completed Prohibited Persons Relinquishment Form. The probation officer shall also report to
the Department of Justice on a form to be developed by the Department of Justice whether the
Automated Firearms System has been updated to indicate which firearms have been relinquished
by the defendant.

(3) Prior to final disposition or sentencing in the case, the court shall make findings concerning
whether the probation officer's report indicates that the defendant has relinquished all firearms as
required, and whether the court has received a completed Prohibited Persons Relinquishment
Form, along with the receipts described in subdivision (d)(l) or (e)(l). The court shall ensure
that these findings are included in the abstract of judgment. If necessary to avoid a delay in
sentencing, the court may make and enter these findings within fourteen days of sentencing.

(4) If the court finds probable cause that the defendant has failed to relinquish any firearms as
required, the court shall order the search for and removal of any firearms at any location where
the judge has probable cause to believe the defendant's firearms are located. The court shall
state with specificity the reasons for and scope of the search and seizure authorized by the order.

(5) Failure by a defendant to timely file the completed Prohibited Persons Relinquishment Form
with the assigned probation officer shall constitute an infraction punishable by a fine not
exceeding one hundred dollars ($100).

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(d) The following procedures shall apply to any defendant who is a prohibited person within the
meaning of subdivision (a)(l) who does not remain in custody at any time within the five-day
period following conviction:

(1) The designee shall dispose of any firearms the defendant owns, possesses, or has under his or
her custody or control within five days of the conviction by surrendering the firearms to the
control of a local law enforcement agency, selling the firearms to a licensed firearms dealer, or
transferring the firearms for storage to a firearms dealer pursuant to Section 29830, in
accordance with the wishes of the defendant. Any proceeds from the sale of the firearms shall
become the property of the defendant. The law enforcement officer or licensed dealer taking
possession of any firearms pursuant to this subdivision shall issue a receipt to the designee
describing the firearms and listing any serial number or other identification on the firearms at the
time of surrender.

(2) If the defendant owns, possesses, or has under his or her custody or control any firearms to
relinquish, the defendant's designee shall submit the completed Prohibited Persons
Relinquishment Form to the assigned probation officer within five days following the conviction,
along with the receipts described in subdivision (d)(l) showing the defendant's firearms were
surrendered to a local law enforcement agency or sold or transferred to a licensed firearms
dealer.

(3) If the defendant does not own, possess, or have under his or her custody or control any
firearms to relinquish, he or she shall, within five days following conviction, submit the
completed Prohibited Persons Relinquishment Form to the assigned probation officer, with a
statement affirming that he or she has no firearms to be relinquished.

(e) The following procedures shall apply to any defendant who is a prohibited person within the
meaning of subdivision (a)(l) who is in custody at any point within the five-day period following
conviction:

( 1) The designee shall dispose of any firearms the defendant owns, possesses, or has under his or
her custody or control within fourteen days of the conviction by surrendering the firearms to the
control of a local law enforcement agency, selling the firearms to a licensed firearms dealer, or
transferring the firearms for storage to a firearms dealer pursuant to Section 29830, in
accordance with the wishes of the defendant. Any proceeds from the sale of the firearms shall
become the property of the defendant. The law enforcement officer or licensed dealer taking
possession of any firearms pursuant to this subdivision shall issue a receipt to the designee
describing the firearms and listing any serial number or other identification on the firearms at the
time of surrender.

(2) If the defendant owns, possesses, or has under his or her custody or control any firearms to
relinquish, the defendant's designee shall submit the completed Prohibited Persons
Relinquishment Form to the assigned probation officer, within fourteen days following
conviction, along with the receipts described in subdivision (e)(l) showing the defendant's
firearms were surrendered to a local law enforcement agency or sold or transferred to a licensed
firearms dealer.

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(3) If the defendant does not own, possess, or have under his or her custody or control any
firearms to relinquish, he or she shall, within fourteen days following conviction, submit the
completed Prohibited Persons Relinquishment Form to the assigned probation officer, with a
statement affirming that he or she has no firearms to be relinquished.

(4) If the defendant is released from custody during the fourteen days following conviction and a
designee has not yet taken temporary possession of each firearm to be relinquished as described
above, the defendant shall, within five days following his or her release, relinquish each firearm
required to be relinquished pursuant to subdivision (d)(l).

(f) For good cause, the court may shorten or enlarge the time periods specified in subdivisions
(d) and (e), enlarge the time period specified in subdivision (c)(3), or allow an alternative method
of relinquishment.

(g) The defendant shall not be subject to prosecution for unlawful possession of any firearms
declared on the Prohibited Persons Relinquishment Form if the firearms are relinquished as
required.

(h) Any firearms that would otherwise be subject to relinquishment by a defendant under this
section, but which are lawfully owned by a cohabitant of the defendant, shall be exempt from
relinquishment, provided the defendant is notified that the cohabitant must store the firearm in
accordance with Section 25135.

(i) A law enforcement agency shall update the Automated Firearms System to reflect any
firearms that were relinquished to the agency pursuant to this section. A law enforcement
agency shall retain a firearm that was relinquished to the agency pursuant to this section for
30 days after the date the firearm was relinquished. After the 30-day period has expired, the
firearm is subject to destruction, retention, sale or other transfer by the agency, except upon the
certificate of a judge of a court of record, or of the district attorney of the county, that the
retention of the firearm is necessary or proper to the ends of justice, or if the defendant provides
written notice of an intent to appeal a conviction for an offense described in subdivision (a), or if
the Automated Firearms System indicates that the firearm was reported lost or stolen by the
lawful owner. If the firearm was reported lost or stolen, the firearm shall be restored to the
lawful owner, as soon as its use as evidence has been served, upon the lawful owner's
identification of the weapon and proof of ownership, and after the law enforcement agency has
complied with Chapter 2 (commencing with Section 33850) of Division 11 of Title 4. The
agency shall notify the Department of Justice of the disposition of relinquished firearms pursuant
to Section 34010.

(j) A city, county, or city and county, or a state agency may adopt a regulation, ordinance, or
resolution imposing a charge equal to its administrative costs relating to the seizure, impounding,
storage, or release of a firearm pursuant to Section 33880.

(k) This section shall become operative on January 1, 2018.

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SEC. 11. Theft of Firearms.

Sections 490.2 and 29805 of the Penal Code are hereby amended.

Section 490.2 of the Penal Code is amended to read:

(a) Notwithstanding Section 487 or any other provision oflaw defining grand theft, obtaining
any property by theft where the value of the money, labor, real or personal property taken does
not exceed nine hundred fifty dollars ($950) shall be considered petty theft and shall be punished
as a misdemeanor, except that such person may instead be punished pursuant to subdivision (h)
of Section 1170 if that person has one or more prior convictions for an offense specified in
clause (iv) of subparagraph (C) of paragraph (2) of subdivision (e) of Section 667 or for an
offense requiring registration pursuant to subdivision (c) of Section 290.

(b) This section shall not be applicable to any theft that may be charged as an infraction pursuant
to any other provision of law.

(c) This section shall not apply to theft of a firearm.

Section 29805 of the Penal Code is amended to read:

29805. Except as provided in Section 29855 or subdivision (a) of Section 29800, any person who
has been convicted of a misdemeanor violation of Section 71, 76, 136.1, 136.5, or 140,
subdivision (d) of Section 148, Section 171 b, paragraph (1) of subdivision (a) of Section 171c,
171d, 186.28, 240, 241, 242, 243, 243.4, 244.5, 245, 245.5, 246.3, 247, 273.5, 273.6, 417, 417.6,
422, 626.9, 646.9, or 830.95, subdivision (a) of former Section 12100, as that section read at any
time from when it was enacted by Section 3 of Chapter 1386 of the Statutes of 1988 to when it
was repealed by Section 18 of Chapter 23 of the Statutes of 1994, Section 17500, 17510, 25300,
25800, 30315, or 32625, subdivision (b) or (d) of Section 26100, or Section 27510, or
Section 8100, 8101, or 8103 of the Welfare and Institutions Code, any firearm-related offense
pursuant to Sections 871.5 and 1001.5 of the Welfare and Institutions Code, Section 490.2 if the
property taken was a firearm, or of the conduct punished in subdivision (c) of Section 27590, and
who, within 10 years of the conviction, owns, purchases, receives, or has in possession or under
custody or control, any firearm is guilty of a public offense, which shall be punishable by
imprisonment in a county jail not exceeding one year or in the state prison, by a fine not
exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. The court, on
forms prescribed by the Department of Justice, shall notify the department of persons subject to
this section. However, the prohibition in this section may be reduced, eliminated, or conditioned
as provided in Section 29855 or 29860.

SEC. 12. Interim Standards.

Notwithstanding the Administrative Procedure Act (APA), and in order to facilitate the prompt
implementation of the Safety For All Act of 2016, the California Department of Justice may
adopt interim standards without compliance with the procedures set forth in the AP A. The
interim standards shall remain in effect for no more than two years, and may be earlier

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superseded by regulations adopted pursuant to the AP A. "Interim standards" mean temporary

standards that perform the same function as "emergency regulations" under the Administrative
Procedure Act (Government Code, Title 2, Division 3, Part 1, Chapter 3.5, Sections 11340
et seq.), except that in order to provide greater opportunity for public comment on permanent
regulations, the interim standards may remain in force for two years rather than 180 days.

SEC. 13. Amending the Measure.

This Act shall be broadly construed to accomplish its purposes. The provisions of this measure
may be amended by a vote of 55 percent of the members of each house of the Legislature and
signed by the Governor so long as such amendments are consistent with and further the intent of
this Act.

SEC. 14. Conflicting Measures.

(a) In the event that this measure and another measure on the same subject matter, including but
not limited to the regulation of the sale and/or possession of firearms or ammunition, shall appear
on the same statewide ballot, the provisions of the other measure or measures shall be deemed to
be in conflict with this measure. In the event that this measure receives a greater number of
affirmative votes than a measure deemed to be in conflict with it, the provisions of this measure
shall prevail in their entirety, and the other measure or measures shall be null and void.

(b) If this measure is approved by voters but superseded by law by any other conflicting measure
approved by voters at the same election, and the conflicting ballot measure is later held invalid,
this measure shall be self-executing and given full force and effect.

SEC. 15. Severability.

If any provision of this measure, or part of this measure, or the application of any provision or
part to any person or circumstance, is for any reason held to be invalid or unconstitutional, the
remaining provisions, or applications of provisions, shall not be affected, but shall remain in full
force and effect, and to this end the provisions of this measure are severable.

SEC. 16. Proponent Standing.

Notwithstanding any other provision oflaw, if the State, government agency, or any of its
officials fail to defend the constitutionality of this act, following its approval by the voters, any
other government employer, the proponent, or in their absence, any citizen of this State shall
have the authority to intervene in any court action challenging the constitutionality of this act for
the purpose of defending its constitutionality, whether such action is in trial court, on appeal, and
on discretionary review by the Supreme Court of California and/or the Supreme Court of the
United States. The reasonable fees and costs of defending the action shall be a charge on funds
appropriated to the Department of Justice, which shall be satisfied promptly.

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EXHIBIT 2

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Home Bill Information California Law Publications Other Resources My Subscriptions My Favorites

SB-1235 Ammunition. (2015-2016)

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Senate Bill No. 1235

CHAPTER 55

An act to amend Sections 16150, 17315, 30000, 30306, and 30352 of, to add Sections 11106.5 and 16151
to, to add Article 4 (commencing with Section 30355) and Article 5 (commencing with Section 30360) to
Chapter 1 of Division 10 of Title 4 of Part 6 of, to repeal Sections 16650, 16662, and 30312 of, to repeal
and add Section 30370 of, and to repeal and add Article 3 (commencing with Section 30345) of Chapter 1
of Division 10 of Title 4 of Part 6 of, the Penal Code, relating to ammunition, and making an appropriation
therefor.

[ Approved by Governor July 01, 2016. Filed with Secretary of State July 01, 2016. ]

LEGISLATIVE COUNSEL'S DIGEST

SB 1235, De León. Ammunition.

(1) The proposed Safety for All Act of 2016, to be submitted to the voters at the November 8, 2016, statewide
general election, if enacted would, commencing January 1, 2019, allow any person who is 18 years of age or older
to apply to the Department of Justice for an ammunition purchase authorization. The act would allow the sale of
ammunition only to persons holding an ammunition purchase authorization or to persons who were approved by the
department to receive a firearm from the ammunition vendor if the ammunition is delivered to the person in the
same transaction as the firearm. The act would allow the department to charge a fee not to exceed $50 per person
for the issuance of an ammunition purchase authorization or the issuance of a renewal authorization. The act would
create the Ammunition Safety and Enforcement Special Fund to receive these fees and would continuously
appropriate the funds for the purposes of implementing, operating, and enforcing the ammunition authorization
program. The act would authorize its provisions to be amended by a statute that is passed by a vote of 55 percent
of the Members of each house of the Legislature and signed by the Governor so long as the amendments are
consistent with and further the intent of the act.

This bill would, if the Safety for All Act of 2016 is enacted by the voters at the November 8, 2016, statewide general
election, amend the act to instead allow ammunition to be sold only to a person whose information matches an
entry in the Automated Firearms System and who is eligible to possess ammunition, to a person who has a current
certificate of eligibility issued by the department, or to a person who purchases or transfers the ammunition in a
single ammunition transaction, as specified. If the act is enacted by the voters, the bill would amend the act to
charge ammunition purchasers and transferees a per transaction fee not to exceed $1, as provided, and would
deposit the funds into the Ammunition Safety and Enforcement Special Fund created by the act, which fund would
be continuously appropriated by the act, thereby making an appropriation. If the act is enacted by the voters at the
November 8, 2016, statewide general election, the other provisions of this bill would not become operative. Because
this bill would amend the act, it would require a vote of 55 percent of the Members of each house of the Legislature.

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(2) Existing law requires the Attorney General to maintain records, including, among other things, fingerprints,
licenses to carry concealed firearms, and information from firearms dealers pertaining to firearms, for purposes of
assisting in the investigation of crimes and specified civil actions. In regard to certain of those records, existing law
authorizes specified peace officers to disseminate the name of the subject of the record, the number of firearms
listed in the record, the description of any firearm, and other information reported to the Department of Justice, as
specified, if the subject of the record has been arraigned, is being prosecuted, or is serving a sentence for domestic
violence or is the subject of specified protective orders. Existing law requires the law enforcement officer to provide
a victim of domestic violence to whom information is disseminated with a “Victims of Domestic Violence” card, and
authorizes the victim or other person to whom the information is disseminated to disclose that information as he or
she deems necessary to protect himself, herself, or another person from bodily harm by the person who is the
subject of the record.

This bill would, if the proposed Safety for All Act of 2016 is not enacted by the voters at the November 8, 2016,
statewide general election, require the Attorney General to also maintain information about ammunition transactions
and ammunition vendor licenses for those purposes. The bill would similarly authorize specified agencies, officials,
and officers to disseminate the name of a person and the fact of any ammunition purchases by that person, as
specified, if the subject of the record has been arraigned, is being prosecuted, or is serving a sentence for domestic
violence or is the subject of specified protective orders. The bill would require the law enforcement officer to provide
a victim of domestic violence to whom information regarding an ammunition purchase is disseminated with a
“Victims of Domestic Violence” card.

By imposing new duties on local law enforcement officers, this bill would impose a state-mandated local program.

(3) Existing law, subject to exceptions, requires that the delivery or transfer of ownership of handgun ammunition
occur only in a face-to-face transaction and makes a violation of this requirement a crime.

This bill would, if the proposed Safety for All Act of 2016 is not enacted by the voters at the November 8, 2016,
statewide general election, extend those provisions, subject to exceptions, to any ammunition and would reorganize
those provisions.

(4) Existing law provides that the term “vendor” for purposes of ammunition sales is a “handgun ammunition
vendor” as defined for those and other purposes.

This bill would, if the proposed Safety for All Act of 2016 is not enacted by the voters at the November 8, 2016,
statewide general election, provide that the term “vendor” for purposes of ammunition sales means “ammunition
vendor” and, commencing January 1, 2018, means a licensed ammunition vendor. The bill would provide that
commencing on January 1, 2018, only a licensed ammunition vendor may sell ammunition. The bill would revise the
definition of “ammunition” for those purposes.

(5) Existing law establishes the Prohibited Armed Persons File, the purpose of which is to cross-reference persons
prohibited from possessing firearms with records of firearm transactions to determine if these persons have acquired
or attempted to acquire firearms. Under existing law, a person who is prohibited from owning or possessing a
firearm is prohibited from owning, possessing, or having under his or her custody or control any ammunition or
reloaded ammunition.

This bill would, commencing July 1, 2019, if the proposed Safety for All Act of 2016 is not enacted by the voters at
the November 8, 2016, statewide general election, use the Prohibited Armed Persons File to cross-reference persons
who attempt to acquire ammunition, as specified, to determine if those persons are prohibited from possessing
ammunition.

(6) Existing law makes it a crime for a person, corporation, or firm to provide ammunition, as specified, to an
individual that the person, corporation, or firm knows or should know is prohibited from possessing or owning
ammunition.

This bill would, if the proposed Safety for All Act of 2016 is not enacted by the voters at the November 8, 2016,
statewide general election, apply that prohibition to other business enterprises. The bill would make it a crime for a
person, corporation, firm, or other business enterprise to provide, as specified, ammunition to an individual that the
person, corporation, firm, or other business entity knows or has cause to believe is not the actual purchaser or

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(7) Existing law prohibits an ammunition vendor from allowing a person the vendor knows or should know is a
person who is prohibited from possessing firearms, for specified reasons, from handling, selling, or delivering
handgun ammunition in the course and scope of his or her employment. Existing law prohibits an ammunition
vendor from selling or otherwise transferring ownership of, offering for sale or otherwise offering to transfer
ownership of, or displaying for sale or displaying for transfer of ownership of, any handgun ammunition in a manner
that allows that ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an
employee of the vendor.

This bill would, if the proposed Safety for All Act of 2016 is not enacted by the voters at the November 8, 2016,
statewide general election, extend those prohibitions to any ammunition. The bill would require that when neither
party to the ammunition transaction is an ammunition dealer, the transaction be conducted by an ammunition
dealer. The bill would, subject to exceptions, require a resident bringing ammunition into the state to have the
ammunition delivered to an ammunition dealer for delivery to the person, as specified. The bill would provide that a
violation of these provisions is a crime.

(8) Existing law, subject to exceptions, requires a handgun ammunition vendor to record specified information at the
time of delivery of handgun ammunition to a purchaser, as specified.

This bill would, if the proposed Safety for All Act of 2016 is not enacted by the voters at the November 8, 2016,
statewide general election, extend those provisions to transactions of any ammunition and would, commencing on
July 1, 2019, require the ammunition vendor to submit that information to the Department of Justice, as specified.
The bill would require the department to retain the information for 2 years in a database to be known as the
Ammunition Purchase Records File and would prescribe the authority of the department and other entities to use the
file, as specified. The bill would, commencing on July 1, 2019, and subject to exceptions, require the purchaser of
ammunition to be authorized to purchase ammunition by the department, as specified. The bill would require the
department to cross-reference the Prohibited Armed Persons File and the Automated Firearms System for those
transaction purposes. The bill would require, commencing on July 1, 2019, and subject to exceptions, that only
persons listed in the Automated Firearms System, or who purchase a one-time ammunition transaction license from
the department, would be able to purchase ammunition. A violation of these provisions would be a crime.

The bill would, if the proposed Safety for All Act of 2016 is not enacted by the voters at the November 8, 2016,
statewide general election, authorize the department to accept applications for ammunition vendor licenses,
commencing on July 1, 2017. The bill would require an ammunition vendor to be licensed, commencing on January
1, 2018, in order to sell ammunition. The bill would create an application process for ammunition vendors, as
specified. The bill would establish the Ammunition Special Account, into which vendor license fees and ammunition
transaction fees would be deposited and made available, upon appropriation by the Legislature, to the department
for purposes of enforcing the ammunition vendor licensing and ammunition purchasing provisions. The bill would
require the ammunition vendor to conduct business at the location specified in the license, except in the case of gun
shows or events, as specified. The bill would require ammunition sales at a gun show or event to comply with
certain requirements pertaining to ammunition transfers and recordkeeping, the violation of which is a crime.

(9) By expanding existing crimes and creating new crimes, this bill would impose a state-mandated local program.

(10) The California Constitution requires the state to reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified
reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines
that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the
statutory provisions noted above.

Vote: majority Appropriation: yes Fiscal Committee: yes Local Program: yes

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. Section 11106.5 is added to the Penal Code, to read:

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complete record of both of the following:

(1) Ammunition vendor license information pursuant to Article 3 (commencing with Section 30345) of Chapter 1 of
Division 10 of Title 4 of Part 6.

(2) Information required by Section 30369.

(b) If the conditions of paragraph (2) of subdivision (c) of Section 11106 are met, an officer referred to in
paragraphs (1) to (6), inclusive, of subdivision (b) of Section 11105 may disseminate the fact of any ammunition
purchases by the subject of a state summary criminal history record based on information supplied by the
department pursuant to Section 30352.

SEC. 2. Section 16150 of the Penal Code is amended to read:

16150. (a) As used in this part, except as specified in subdivision (b), “ammunition” means one or more loaded
cartridges consisting of a primer case, propellant, and with one or more projectiles. “Ammunition” does not include
blanks.

(b) As used in subdivision (a) of Section 30305 and in Section 30306, “ammunition” includes, but is not limited to,
any bullet, cartridge, magazine, clip, speed loader, autoloader, or projectile capable of being fired from a firearm
with a deadly consequence. “Ammunition” does not include blanks.

SEC. 3. Section 16151 is added to the Penal Code, to read:

16151. Commencing January 1, 2018, as used in this part, “ammunition vendor” means any person, firm,
corporation, dealer, or any other business that has a current ammunition vendor license issued pursuant to Section
30345.

SEC. 4. Section 16650 of the Penal Code is repealed.

SEC. 5. Section 16662 of the Penal Code is repealed.

SEC. 6. Section 17315 of the Penal Code is amended to read:

17315. As used in Article 2 (commencing with Section 30300), Article 3 (commencing with Section 30345), Article 4
(commencing with Section 30355), and Article 5 (commencing with Section 30360) of Chapter 1 of Division 10 of
Title 4, “vendor” means an ammunition vendor.

SEC. 7. Section 30000 of the Penal Code is amended to read:

30000. (a) The Attorney General shall establish and maintain an online database to be known as the Prohibited
Armed Persons File. The purpose of the file is to cross-reference persons who have ownership or possession of a
firearm on or after January 1, 1996, as indicated by a record in the Consolidated Firearms Information System, and
who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are
prohibited from owning or possessing a firearm.

(b) Commencing July 1, 2019, the file shall also be used to cross-reference persons who attempt to acquire
ammunition to determine if those persons fall within a class of persons who are prohibited from owning or
possessing ammunition.

(c) The information contained in the Prohibited Armed Persons File shall only be available to those entities specified
in, and pursuant to, subdivision (b) or (c) of Section 11105, through the California Law Enforcement
Telecommunications System, for the purpose of determining if persons are armed and prohibited from possessing
firearms.

SEC. 8. Section 30306 of the Penal Code is amended to read:

30306. (a) Any person, corporation, firm, or other business enterprise who supplies, delivers, sells, or gives
possession or control of, any ammunition to any person who he or she knows or using reasonable care should 43
know
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pursuant to subdivision (a) or (b) of Section 30305, is guilty of a misdemeanor, punishable by imprisonment in a
county jail not exceeding one year, or a fine not exceeding one thousand dollars ($1,000), or by both that fine and
imprisonment.

(b) Any person, corporation, firm, or other business enterprise who supplies, delivers, sells, or gives possession or
control of ammunition to a person who the person, corporation, firm, or other business enterprise knows or has
cause to believe is not the actual purchaser or transferee of the ammunition, with knowledge or cause to believe
that the ammunition is to be subsequently sold or transferred to a person who is prohibited from owning,
possessing, or having under custody or control any ammunition or reloaded ammunition pursuant to subdivision (a)
or (b) of Section 30305, is guilty of a misdemeanor, punishable by imprisonment in a county jail not exceeding one
year or a fine not exceeding one thousand dollars ($1,000), or by both that fine and imprisonment.

(c) The provisions of this section are cumulative and shall not be construed as restricting the application of any
other law. However, an act or omission punishable in different ways by this section and another provision of law
shall not be punished under more than one provision.

SEC. 9. Section 30312 of the Penal Code is repealed.

SEC. 10. Article 3 (commencing with Section 30345) of Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal
Code is repealed.

SEC. 11. Article 3 (commencing with Section 30345) is added to Chapter 1 of Division 10 of Title 4 of Part 6 of the
Penal Code, to read:

Article 3. Ammunition Vendor License

30345. (a) Commencing January 1, 2018, only an ammunition vendor who is licensed by the Department of Justice
shall be authorized to sell ammunition in this state, except as provided by Article 5 (commencing with Section
30360).

(b) Subdivision (a) does not apply to the sale of ammunition by any of the following:

(1) A commercial hunting club, as defined in Section 3240.5 of the Fish and Game Code, provided the ammunition is
used and consumed on the licensed premises while engaged in lawful hunting activity.

(2) A domesticated game bird hunting club, pursuant to Section 3270 of the Fish and Game Code, provided the
ammunition is used and consumed on the licensed premises while engaged in lawful hunting activity.

(3) A domesticated migratory game bird shooting club, pursuant to Article 4 (commencing with Section 3300) of
Chapter 2 of Part 1 of Division 4 of the Fish and Game Code, provided the ammunition is used and consumed on the
licensed premises while engaged in lawful hunting activity.

(4) A nonprofit mutual or public benefit corporation organized pursuant to the Corporations Code that engages in
recreational shooting and lawful hunting activity provided that the ammunition is used and consumed during the
shooting or hunting event conducted by that nonprofit or public benefit corporation.

(5) A target facility that holds a business or regulatory license provided that the ammunition is at all times kept
within the facility’s premises and used on the premises.

(6) A person who sells no more than 100 rounds of ammunition to one vendor in one month or cumulatively sells no
more than 250 rounds per year to vendors in this state.

(c) The Department of Justice is authorized to issue ammunition vendor licenses pursuant to this article. The
department shall, commencing July 1, 2017, accept applications for ammunition vendor licenses. The department
shall issue a license or deny the application for a license within 60 days of receipt of the application in the first two
years of implementation, and within 30 days thereafter. If the application is denied, the department shall inform the
applicant of the reason for denial in writing.

(d) The ammunition vendor license shall be issued in a form prescribed by the Attorney General and shall be valid
for a period of one year. The license shall allow the licensee to sell ammunition from a fixed location and at any
place set forth in subdivision (b) of Section 30365.
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costs of issuing a certificate of eligibility, as described, except for those persons or entities described in subdivision
(d) of Section 30347.

(b) The fees received by the department pursuant to this article shall be deposited in the Ammunition Special
Account, which is hereby created. The revenue in the fund shall be available, upon appropriation by the Legislature,
for use by the Department of Justice for the purpose of implementing and enforcing the provisions of this article,
Article 4 (commencing with Section 30355) and Article 5 (commencing with Section 30360).

30347. (a) The department is authorized to issue ammunition vendor licenses to ammunition vendors who the
department has determined are not prohibited by state or federal law from possessing, receiving, owning, or
purchasing a firearm and who have a certificate of eligibility issued by the department.

(b) The department shall require any agent or employee of a vendor who handles, sells, or delivers ammunition to
obtain and provide to the ammunition vendor a certificate of eligibility from the Department of Justice pursuant to
Section 26710. On the application for the certificate, the agent or employee shall provide the name and California
ammunition vendor number of the vendor with whom the person is employed.

(c) In the case of an entity other than a natural person, the department shall issue the license to the business
entity, pursuant to the requirements in subdivisions (a) and (b).

(d) The department shall, upon request and in a manner prescribed by the department, issue ammunition vendor
licenses to the following:

(1) A firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive.

(2) A person who is on the centralized list of federal firearms licensees maintained by the department pursuant to
Article 6 (commencing with Section 28450) of Chapter 6 of Division 6.

(3) A gunsmith as defined in Section 16630.

(4) A wholesaler as defined in Section 17340.

(5) A manufacturer or importer of firearms or ammunition licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

(e) The department shall keep a registry of all licensed ammunition vendors.

(f) The department shall revoke the license of any ammunition vendor who violates this article, Article 4
(commencing with Section 30355), or Article 5 (commencing with Section 30360) in any combination three times.
The ammunition vendor shall thereafter be permanently ineligible for an ammunition vendor license.

SEC. 12. Section 30352 of the Penal Code, as proposed to be amended by the Safety for All Act of 2016 at the
November 8, 2016, statewide general election, is amended to read:

30352. (a) Commencing July 1, 2019, an ammunition vendor shall not sell or otherwise transfer ownership of any
ammunition without, at the time of delivery, legibly recording the following information on a form to be prescribed
by the Department of Justice:

(1) The date of the sale or other transfer.

(2) The purchaser's or transferee's driver's license or other identification number and the state in which it was
issued.

(3) The brand, type, and amount of ammunition sold or otherwise transferred.

(4) The purchaser's or transferee's full name and signature.

(5) The name of the salesperson who processed the sale or other transaction.

(6) The purchaser's or transferee's full residential address and telephone number.

(7) The purchaser's or transferee's date of birth.

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required by subdivision (a) for all sales and transfers of ownership of ammunition. The department shall retain this
information in a database to be known as the Ammunition Purchase Records File. This information shall remain
confidential and may be used by the department and those entities specified in, and pursuant to, subdivision (b) or
(c) of Section 11105, through the California Law Enforcement Telecommunications System, only for law
enforcement purposes. The ammunition vendor shall not use, sell, disclose, or share the information for any other
purpose other than the submission required by this subdivision without the express written consent of the purchaser
or transferee.

(c) Commencing on July 1, 2019, only those persons listed in this subdivision, or those persons or entities listed in
subdivision (e), shall be authorized to purchase ammunition. Prior to delivering any ammunition, an ammunition
vendor shall require bona fide evidence of identity to verify that the person who is receiving delivery of the
ammunition is a person or entity listed in subdivision (e) or one of the following:

(1) A person authorized to purchase ammunition pursuant to Section 30370.

(2) A person who was approved by the department to receive a firearm from the ammunition vendor, pursuant to
Section 28220, if that vendor is a licensed firearms dealer, and the ammunition is delivered to the person in the
same transaction as the firearm.

(d) Commencing July 1, 2019, the ammunition vendor shall verify with the department, in a manner prescribed by
the department, that the person is authorized to purchase ammunition. If the person is not listed as an authorized
ammunition purchaser, the vendor shall deny the sale or transfer.

(e) Subdivisions (a) and (d) shall not apply to sales or other transfers of ownership of ammunition by ammunition
vendors to any of the following, if properly identified:

(1) An ammunition vendor.

(2) A person who is on the centralized list of exempted federal firearms licensees maintained by the department
pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6.

(3) A person who purchases or receives ammunition at a target facility holding a business or other regulatory
license, provided that the ammunition is at all times kept within the facility’s premises.

(4) A gunsmith.

(5) A wholesaler.

(6) A manufacturer or importer of firearms or ammunition licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, and the regulations issued pursuant thereto.

(7) An authorized law enforcement representative of a city, county, city and county, or state or federal government,
if the sale or other transfer of ownership is for exclusive use by that government agency, and, prior to the sale,
delivery, or transfer of the handgun ammunition, written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase, delivery, or transfer is being made. Proper written
authorization is defined as verifiable written certification from the head of the agency by which the purchaser,
transferee, or person otherwise acquiring ownership is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which
that individual is employed.

(8) (A) A properly identified sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3
of Part 2, or properly identified sworn federal law enforcement officer, who is authorized to carry a firearm in the
course and scope of the officer's duties.

(B) (i) Proper identification is defined as verifiable written certification from the head of the agency by which the
purchaser or transferee is employed, identifying the purchaser or transferee as a full-time paid peace officer who is
authorized to carry a firearm in the course and scope of the officer's duties.

(ii) The certification shall be delivered to the vendor at the time of purchase or transfer and the purchaser or
transferee shall provide bona fide evidence of identity to verify that he or she is the person authorized in the
certification.
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(f) The department is authorized to adopt regulations to implement the provisions of this section.

SEC. 13. Article 4 (commencing with Section 30355) is added to Chapter 1 of Division 10 of Title 4 of Part 6 of the
Penal Code, to read:

Article 4. Ammunition Purchase Authorization

30355. (a) Any person who violates any provision of this article is guilty of a misdemeanor, punishable by
imprisonment in a county jail not exceeding one year or a fine not exceeding one thousand dollars ($1,000), or by
both that fine and imprisonment.

(b) The provisions of this article are cumulative and shall not be construed as restricting the application of any other
law. However, an act or omission punishable in different ways by different provisions of law shall not be punished
under more than one provision.

30356. (a) Commencing July 1, 2019, the department shall electronically approve the purchase or transfer of
ammunition through a vendor, as defined in Section 16151, except as otherwise specified. This approval shall occur
at the time of purchase or transfer, prior to the purchaser or transferee taking possession of the ammunition.

(b) To determine if the purchaser or transferee is eligible to purchase or possess ammunition, the department shall
cross-reference the ammunition purchaser’s or transferee’s name, date of birth, current address, and driver’s license
or other government identification number, as described in Section 28180, with the information maintained in the
Automated Firearms System (AFS). If the purchaser’s or transferee’s information does not match an AFS entry, the
transaction shall be denied. If the purchaser’s or transferee’s information matches an AFS entry, the department
shall determine if the purchaser or transferee falls within a class of persons who are prohibited from owning or
possessing ammunition by cross-referencing the Prohibited Armed Persons File. If the purchaser or transferee is
prohibited from owning or possessing a firearm, the transaction shall be denied.

(c) A vendor is prohibited from providing a purchaser or transferee ammunition without department approval. If a
vendor cannot electronically verify a person’s eligibility to purchase or possess ammunition via an Internet
connection, the department shall provide a telephone line to verify eligibility. This option is available to ammunition
vendors who can demonstrate legitimate geographical and telecommunications limitations in submitting the
information electronically and who are approved by the department to use the telephone line verification.

(d) The department shall recover the reasonable cost of regulatory and enforcement activities related to this article
by charging ammunition purchasers and transferees a per transaction fee not to exceed one dollar ($1), provided,
however, that the fee may be increased at a rate not to exceed any increases in the California Consumer Price Index
as compiled and reported by the Department of Industrial Relations, not to exceed the reasonable regulatory and
enforcement costs. The fees shall be deposited in the Ammunition Special Account, to be available upon
appropriation by the Legislature, for use by the Department of Justice for the purpose of implementing and
enforcing this article, Article 3 (commencing with Section 30345), and Article 5 (commencing with Section 30360).

(e) This section shall not apply to the sale, delivery, or transfer of ammunition to any of the following, if properly
identified prior to the delivery of the ammunition by the vendor:

(1) A firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive.

(2) A person who is on the centralized list of federal firearms licensees maintained by the department pursuant to
Article 6 (commencing with Section 28450) of Chapter 6 of Division 6.

(3) A gunsmith as defined in Section 16630.

(4) A wholesaler as defined in Section 17340.

(5) A manufacturer or importer of firearms or ammunition licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

(6) An ammunition vendor.

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firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.

(8) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within
this state, and who has a current certificate of eligibility issued by the department pursuant to Section 26710.

(9) An authorized law enforcement representative of a city, county, city and county, or state or federal government,
if the sale or other transfer is for exclusive use by that government agency, and, prior to the sale, delivery, or
transfer of the ammunition, written authorization from the head of the agency authorizing the transaction is
presented to the person from whom the purchase, delivery, or transfer is being made. Proper written authorization
is defined as verifiable written certification from the head of the agency, or designee, by which the purchaser,
transferee, or person otherwise acquiring ownership is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which
that individual is employed.

(10) A properly identified sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2 or properly identified sworn member of a federal law enforcement agency who is authorized to carry a firearm
in the course and scope of the officer’s duties.

(11) A target facility that holds a business or regulatory license.

(12) A person who purchases or receives ammunition at a target facility holding a business or other regulatory
license, provided that the ammunition is at all times kept within the facility’s premises and used on the premises.

(13) A commercial hunting club, as defined in Section 3240.5 of the Fish and Game Code.

(14) A domesticated game bird hunting club, pursuant to Section 3270 of the Fish and Game Code.

(15) A domesticated migratory game bird shooting club, pursuant to Article 4 (commencing with Section 3300) of
Chapter 2 of Part 1 of Division 4 of the Fish and Game Code.

(16) A participant at a shooting or hunting event conducted by any of the following:

(A) A commercial hunting club, as defined in Section 3240.5 of the Fish and Game Code, provided the ammunition is
used and consumed on the licensed premises while engaged in lawful hunting activity.

(B) A domesticated game bird hunting club, pursuant to Section 3270 of the Fish and Game Code, provided the
ammunition is used and consumed on the licensed premises while engaged in lawful hunting activity.

(C) A domesticated migratory game bird shooting club, pursuant to Article 4 (commencing with Section 3300) of
Chapter 2 of Part 1 of Division 4 of the Fish and Game Code, provided the ammunition is used and consumed on the
licensed premises while engaged in lawful hunting activity.

(17) A nonprofit mutual or public benefit corporation organized pursuant to the Corporations Code that engages in
recreational shooting and lawful hunting activity.

(18) A participant at a shooting or hunting event conducted by a nonprofit mutual or public benefit corporation
organized pursuant to the Corporations Code that engages in recreational shooting or lawful hunting activity
provided that the ammunition is used and consumed during the event.

(19) A person who is authorized to carry loaded firearms pursuant to Section 25900, 25905, 25910, 25925, 26010,
26015, 26025, or 26030.

(20) A holder of a special weapons permit issued by the department pursuant to Section 32650 or 33300, pursuant
to Article 3 (commencing with Section 18900) of Chapter 1 of Division 5 of Title 2, or pursuant to Article 4
(commencing with Section 32700) of Chapter 6.

(21) A holder of a valid entertainment firearms permit issued pursuant to Chapter 2 (commencing with Section
29500) of Division 8.

(22) A person authorized by the department pursuant to Section 30357.

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30357. The department shall develop a procedure in which a person who is not prohibited from purchasing or
possessing ammunition may be approved for a single ammunition transaction or purchase. The department shall
recover the cost of processing, regulatory, and enforcement activities related to this section by charging the
ammunition transaction or purchase applicant a fee not to exceed the fee charged for the department’s Dealers’
Record of Sale (DROS) process, as described in Section 28225, and not to exceed the department’s reasonable
costs.

SEC. 14. Article 5 (commencing with Section 30360) is added to Chapter 1 of Division 10 of Title 4 of Part 6 of the
Penal Code, to read:

Article 5. Ammunition Sales

30360. (a) Any person who violates any provision of this article is guilty of a misdemeanor, punishable by
imprisonment in a county jail not exceeding one year or a fine not exceeding one thousand dollars ($1,000), or by
both that fine and imprisonment.

(b) The provisions of this article are cumulative and shall not be construed as restricting the application of any other
law. However, an act or omission punishable in different ways by different provisions of law shall not be punished
under more than one provision.

30362. A vendor shall not permit any employee who the vendor knows or reasonably should know is a person
described in Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division
9 of this title, or Section 8100 or 8103 of the Welfare and Institutions Code, to handle, sell, or deliver ammunition or
to deliver or have under his or her custody or control ammunition in the course and scope of employment.

30363. A vendor shall not sell or otherwise transfer ownership of, offer for sale, or otherwise offer to transfer
ownership of, display for sale, or display for transfer any ammunition in a manner that allows that ammunition to be
accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor.

30364. (a) The sale, delivery, or transfer of ammunition may only occur in a face-to-face transaction with the seller,
deliverer, or transferor being provided bona fide evidence of identity from the purchaser or other transferee,
provided, however, that ammunition may be purchased over the Internet or through other means of remote
ordering if an ammunition vendor in this state initially receives the ammunition and processes the transfer in
compliance with this article, Article 3 (commencing with Section 30345), and Article 4 (commencing with Section
30355). An ammunition vendor is required to promptly and properly process those transactions. An ammunition
vendor may charge a fee to process the transfer not to exceed ten dollars ($10) per transaction. An ammunition
vendor is not required to house ammunition orders longer than 30 days.

(b) Subdivision (a) shall not apply to or affect the sale, delivery, or transfer of ammunition to any of the following:

(1) A firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive.

(2) A person who is on the centralized list of federal firearms licensees maintained by the Department of Justice
pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6.

(3) A gunsmith as defined in Section 16630.

(4) A wholesaler as defined in Section 17340.

(5) A manufacturer or importer of firearms or ammunition licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto.

(6) An ammunition vendor.

(7) A person whose licensed premises are outside this state and who is licensed as a dealer or collector of firearms
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations
issued pursuant thereto.

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Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within
this state, and who has a current certificate of eligibility issued by the Department of Justice pursuant to Section
26710.

(9) An authorized law enforcement representative of a city, county, city and county, or state or federal government,
if the sale, delivery, or other transfer is for exclusive use by that government agency and, prior to the sale, delivery,
or transfer of the ammunition, written authorization is received from the head of the agency, or designee, by which
the purchaser, transferee, or person otherwise acquiring ownership is employed, identifying the employee as an
individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency
employing the individual.

(10) A properly identified sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, or properly identified sworn member of a federal law enforcement agency who is authorized to carry a
firearm in the course and scope of the officer’s duties.

(11) A target facility holding a business or other regulatory license.

(12) A commercial hunting club, as defined in Section 3240.5 of the Fish and Game Code.

(13) A domesticated game bird hunting club, pursuant to Section 3270 of the Fish and Game Code.

(14) A domesticated migratory game bird shooting club, pursuant to Article 4 (commencing with Section 3300) of
Chapter 2 of Part 1 of Division 4 of the Fish and Game Code.

(15) A nonprofit mutual or public benefit corporation organized pursuant to the Corporations Code that engages in
recreational shooting and lawful hunting activity.

(16) A consultant-evaluator.

(17) A contract or common carrier or an authorized agent or employee thereof, when acting in conformance with
applicable federal law.

30365. (a) Except as provided in subdivision (b), the sale of ammunition shall be conducted at the location specified
in the license.

(b) A vendor may sell ammunition at a gun show or event, as described in Chapter 3 (commencing with Section
27200) of Division 6, if the gun show or event is not conducted from any motorized or towed vehicle.

(c) Sales of ammunition at a gun show or event shall comply with Sections 30345, 30356, 30369, and 30370.

30366. (a) When neither party in an ammunition sale is a vendor, the following shall apply:

(1) The seller shall deliver the ammunition to a vendor to process the transaction.

(2) The vendor shall then promptly and properly deliver the ammunition to the purchaser, if the sale is not
prohibited, as if the ammunition were the vendor’s own merchandise.

(3) If the vendor cannot legally deliver the ammunition to the purchaser, the vendor shall forthwith return the
ammunition to the seller. This return is not subject to Section 30356.

(b) The vendor may charge the purchaser an administrative fee to process the transaction, not to exceed ten dollars
($10) per transaction processed.

(c) A person selling ammunition pursuant to this section is exempt from the requirement to be licensed pursuant to
Section 30345.

(d) This section does not apply to a person whose premises are outside of this state when directly selling and
shipping ammunition to a law enforcement agency within this state.

30367. (a) Notwithstanding Sections 30345 and 30366, the sale of ammunition between the following is authorized
so long as it does not exceed 50 rounds per month:

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(2) The sale of ammunition between immediate family members, spouses, or registered domestic partners.

(b) Notwithstanding Sections 30345 and 30366, the sale of ammunition by a private individual to an authorized
representative of a city, city and county, county, state, or the federal government, as part of a voluntary program is
authorized.

(c) Ammunition acquired pursuant to subdivision (b) shall be disposed of in the same manner as set forth for
firearms in Section 18000, 18005, or 34000.

30368. (a) Commencing July 1, 2019, a resident of this state shall not bring or transport into this state any
ammunition that he or she purchased from outside of this state unless he or she first has that ammunition delivered
to an ammunition vendor in this state for delivery to that resident pursuant to the procedures set forth in Section
30366.

(b) Subdivision (a) does not apply to any of the following bringing or transporting into this state any ammunition:

(1) A firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive.

(2) A person who is on the centralized list of federal firearms licensees maintained by the department pursuant to
Article 6 (commencing with Section 28450) of Chapter 6 of Division 6.

(3) A gunsmith as defined in Section 16630.

(4) A wholesaler as defined in Section 17340.

(5) A manufacturer or importer of firearms or ammunition licensed pursuant to Chapter 44 (commencing with
Section 921) of Title 18 of the United States Code, and the regulations issued pursuant thereto.

(6) An ammunition vendor.

(7) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within
this state, and who has a current certificate of eligibility issued by the Department of Justice pursuant to Section
26710.

(8) Authorized law enforcement representatives of cities, counties, cities and counties, or state or federal
governments for exclusive use by those government agencies if, prior to the importation, the person has written
authorization from the head of the agency authorizing the acquisition of that ammunition. Proper written
authorization is defined as verifiable written certification from the head of the agency, or designee, by which the
person is employed, identifying the employee as an individual authorized to acquire and import ammunition, and
authorizing the transaction for the exclusive use of the agency by which he or she is employed.

(9) A properly identified sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, or properly identified sworn member of a federal law enforcement agency who is authorized to carry a
firearm in the course and scope of the officer’s duties.

(10) A contract or common carrier or an authorized agent or employee thereof, when acting in conformity with
applicable federal law.

(11) A person who purchases the ammunition from an immediate family member, spouse, or registered domestic
partner if the person brings or transports into this state no more than 50 rounds.

(12) The executor or administrator of an estate that includes ammunition.

(13) A person that at the time he or she acquired the ammunition was not a resident of this state.

(14) Ammunition that is imported into this country pursuant to provisions of Section 925(a)(4) of Title 18 of the
United States Code.

(15) A licensed hunter who purchased the ammunition outside of this state for use in a lawful hunting activity that
occurred outside of this state if the person brings or imports no more than 50 rounds into this state and the
ammunition is designed and intended for use in the firearm the hunter used in that hunting activity.
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the use of firearms in a match or competition sponsored by, conducted under the auspices of, or approved by, a law
enforcement agency or a nationally or state recognized entity that fosters proficiency in, or promotes education
about, firearms, and the person brings or imports into this state no more than 50 rounds of ammunition designed
and intended to be used in the firearm the person used in the match or competition.

30369. (a) Commencing July 1, 2019, a vendor shall not sell or otherwise transfer ownership of any ammunition
without, at the time of delivery, legibly recording the following information:

(1) The purchaser’s full name.

(2) The purchaser’s or transferee’s driver’s license or other identification number and the state in which it was
issued

(3) The date of the sale or other transaction.

(4) The brand, type, and amount of ammunition sold or otherwise transferred.

(5) The name of the salesperson who processed the sale or other transaction.

(6) The purchaser’s or transferee’s full residential address and telephone number.

(7) The purchaser’s or transferee’s date of birth.

(b) Commencing July 1, 2019, the vendor shall electronically submit to the department the information required by
subdivision (a) in a format and a manner prescribed by the department for all sales or other transfers of
ammunition. The department shall retain this information for two years in a database to be known as the
Ammunition Purchase Records File for the sole purpose of aiding and assisting local and state law enforcement
agencies in an active investigation. The vendor shall not share any of the information required by subdivision (a) for
any reason other than for authorized law enforcement purposes. The information in the Ammunition Purchase
Records File may be accessed by a state or local law enforcement agency only if the department is provided a case
number or other sufficient information as determined by the department that indicates an active investigation and
the information sought is for the investigation or prosecution of that case.

(c) In the case that a vendor cannot submit the information required by subdivision (a) electronically via an Internet
connection, the department shall provide a telephone line to submit the information if the vendor can demonstrate
legitimate geographic and telecommunications limitations to submitting the information electronically, and the
department approves the vendor’s use of the telephone line.

(d) This section shall not apply to or affect sales or other transfers of ammunition by ammunition vendors to any of
the following, if properly identified:

(1) A firearms dealer licensed pursuant to Sections 26700 to 26915, inclusive.

(2) A person who is on the centralized list of federal firearms licensees maintained by the department pursuant to
Article 6 (commencing with Section 28450) of Chapter 6 of Division 6.

(3) A gunsmith as defined in Section 16630.

(4) A wholesaler as defined in Section 17340.

(5) A manufacturer or importer of firearms licensed pursuant to Chapter 44 (commencing with Section 921) of Title
18 of the United States Code and the regulations issued pursuant thereto.

(6) An ammunition vendor.

(7) An authorized law enforcement representative of a city, county, city and county, or state or federal government,
if the sale or other transfer is for exclusive use by that government agency, and, prior to the sale, delivery, or
transfer of the ammunition, written authorization from the head of the agency, or designee, authorizing the
transaction is presented to the person from whom the purchase, delivery, or transfer is being made. Proper written
authorization is defined as verifiable written certification from the head of the agency, or designee, by which the
purchaser, transferee, or person otherwise acquiring ownership is employed, identifying the employee as an

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by which that individual is employed.

(8) A properly identified sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of
Part 2, or properly identified sworn member of a federal law enforcement agency who is authorized to carry a
firearm in the course and scope of the officer’s duties.

(9) A target facility that holds a business or regulatory license.

(10) A person who purchases or receives ammunition at a target facility holding a business or other regulatory
license, provided that the ammunition is at all times kept within the facility’s premises and used on the premises.

(11) A commercial hunting club, as defined in Section 3240.5 of the Fish and Game Code.

(12) A domesticated game bird hunting club, pursuant to Section 3270 of the Fish and Game Code.

(13) A domesticated migratory game bird shooting club, pursuant to Article 4 (commencing with Section 3300) of
Chapter 2 of Part 1 of Division 4 of the Fish and Game Code.

(14) A participant at a shooting or hunting event conducted by any of the following:

(A) A commercial hunting club, as defined in Section 3240.5 of the Fish and Game Code, provided the ammunition is
used and consumed on the licensed premises while engaged in lawful hunting activity.

(B) A domesticated game bird hunting club, pursuant to Section 3270 of the Fish and Game Code, provided the
ammunition is used and consumed on the licensed premises while engaged in lawful hunting activity.

(C) A domesticated migratory game bird shooting club, pursuant to Article 4 (commencing with Section 3300) of
Chapter 2 of Part 1 of Division 4 of the Fish and Game Code, provided the ammunition is used and consumed on the
licensed premises while engaged in lawful hunting activity.

(15) A nonprofit mutual or public benefit corporation organized pursuant to the Corporations Code that engages in
recreational shooting and lawful hunting activity.

(16) A participant at a shooting or hunting event conducted by a nonprofit mutual or public benefit corporation
organized pursuant to the Corporations Code that engages in recreational shooting or lawful hunting activity
provided that the ammunition is used and consumed during the event.

30370. A vendor shall not knowingly make a false entry or fail to make a required entry of information in accordance
with Section 30369.

SEC. 15. Section 30370 is added to the Penal Code, to read:

30370. (a) Commencing July 1, 2019, the department shall electronically approve the purchase or transfer of
ammunition through a vendor, as defined in Section 16151, except as otherwise specified. This approval shall occur
at the time of purchase or transfer, prior to the purchaser or transferee taking possession of the ammunition.
Pursuant to the authorization specified in paragraph (1) of subdivision (c) of Section 30352, the following persons
are authorized to purchase ammunition:

(1) A purchaser or transferee whose information matches an entry in the Automated Firearms System (AFS) and
who is eligible to possess ammunition as specified in subdivision (b).

(2) A purchaser or transferee who has a current certificate of eligibility issued by the department pursuant to
Section 26710.

(3) A purchaser or transferee who is not prohibited from purchasing or possessing ammunition in a single
ammunition transaction or purchase made pursuant to the procedure developed pursuant to subdivision (c).

(b) To determine if the purchaser or transferee is eligible to purchase or possess ammunition pursuant to paragraph
(1) of subdivision (a), the department shall cross-reference the ammunition purchaser’s or transferee’s name, date
of birth, current address, and driver’s license or other government identification number, as described in Section
28180, with the information maintained in the AFS. If the purchaser’s or transferee’s information does not match an
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owning or possessing ammunition by cross-referencing with the Prohibited Armed Persons File. If the purchaser or
transferee is prohibited from owning or possessing a firearm, the transaction shall be denied.

(c) The department shall develop a procedure in which a person who is not prohibited from purchasing or possessing
ammunition may be approved for a single ammunition transaction or purchase. The department shall recover the
cost of processing and regulatory and enforcement activities related to this section by charging the ammunition
transaction or purchase applicant a fee not to exceed the fee charged for the department’s Dealers’ Record of Sale
(DROS) process, as described in Section 28225 and not to exceed the department’s reasonable costs.

(d) A vendor is prohibited from providing a purchaser or transferee ammunition without department approval. If a
vendor cannot electronically verify a person’s eligibility to purchase or possess ammunition via an Internet
connection, the department shall provide a telephone line to verify eligibility. This option is available to ammunition
vendors who can demonstrate legitimate geographical and telecommunications limitations in submitting the
information electronically and who are approved by the department to use the telephone line verification.

(e) The department shall recover the reasonable cost of regulatory and enforcement activities related to this article
by charging ammunition purchasers and transferees a per transaction fee not to exceed one dollar ($1), provided,
however, that the fee may be increased at a rate not to exceed any increases in the California Consumer Price Index
as compiled and reported by the Department of Industrial Relations, not to exceed the reasonable regulatory and
enforcement costs.

(f) A fund to be known as the “Ammunition Safety and Enforcement Special Fund” is hereby created within the State
Treasury. All fees received pursuant to this section shall be deposited into the Ammunition Safety and Enforcement
Special Fund and, notwithstanding Section 13340 of the Government Code, are continuously appropriated for
purposes of implementing, operating, and enforcing the ammunition authorization program provided for in this
section and Section 30352 and for repaying the start-up loan provided for in Section 30371.

(g) The Department of Justice is authorized to adopt regulations to implement this section.

SEC. 16. Section 30370 of the Penal Code, as proposed to be added by the Safety for All Act of 2016 at the
November 8, 2016, statewide general election, is repealed.

SEC. 17. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California
Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, this
act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California Constitution.

However, if the Commission on State Mandates determines that this act contains other costs mandated by the state,
reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing
with Section 17500) of Division 4 of Title 2 of the Government Code.

SEC. 18. The Legislature finds and declares that Section 13 of this act, which adds Section 30369 to the Penal Code,
imposes a limitation on the public’s right of access to the meetings of public bodies or the writings of public officials
and agencies within the meaning of Section 3 of Article I of the California Constitution. Pursuant to that
constitutional provision, the Legislature makes the following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:

In order to protect the personal information of ammunition purchasers, it is necessary that this act limit the public’s
right of access to that information.

SEC. 19. (a) Sections 12, 15, and 16 of this act shall only become operative if the Safety for All Act of 2016 is
enacted by the voters at the November 8, 2016, statewide general election and becomes effective, in which case
Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 13, and 14 shall not become operative.

(b) The Legislature finds and declares that the intent expressed in the Safety for All Act of 2016 is to safeguard the
ability of law-abiding, responsible Californians to own and use firearms for lawful means while requiring background
checks for ammunition purchases in the manner required for firearm purchases so that neither firearms nor
ammunition are getting into the hands of dangerous individuals. The Legislature finds and declares that the
amendments to the Safety for All Act of 2016 made by Sections 12, 15, and 16 are consistent with and further54 that
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Firearms System are able to purchase ammunition for their legally owned firearms while violent felons and the
dangerously mentally ill who appear in the Armed Prohibited Persons System are not.

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EXHIBIT 3

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NOTICE OF PROPOSED RULEMAKING

Notice to be published on December 14, 2018

Proposition 63 (The Safety for All Act of 2016) and Senate Bill (SB) 1235 (2016) are newly
enacted laws that regulate the sale or transfer of ammunition in California as of July 1, 2019.
The Department of Justice (Department) proposes to adopt sections 4300 – 4309, of Title 11,
Division 5, Chapter 11, of the California Code of Regulations. These regulations will explain the
process that must be followed to purchase or transfer ammunition, what to do if an attempted
purchase or transfer is denied, and will clarify what is needed to be exempt from certain parts of
the process. In brief, these regulations will provide the public and ammunition vendors with
directives that will guide both in the ammunition sale and transfer process.

These processes will allow the Department to determine if an individual is lawfully eligible to
possess ammunition.

PUBLIC HEARING

The Department will hold two public hearings to receive public comments on the proposed
regulatory action. The hearings will be held at the following dates, times and locations:

January 29, 2019, 10:00 am – 12:00 pm

Ronald Reagan State Building
300 S. Spring Street
Los Angeles, CA 90013

January 31, 2019, 1:00 pm – 3:00 pm

Resources Building Auditorium
1416 9th Street
Sacramento, California

Each location is wheelchair accessible.

At each hearing, any person may present oral or written comments regarding the proposed
regulatory action. The Department requests, but does not require, that persons making oral
comments at each hearing also submit a written copy of their testimony.

WRITTEN COMMENT PERIOD

Any interested person or their authorized representative may submit written comments relevant
to the proposed regulatory action. The written comment period closes at 5:00 p.m. on January
31, 2019. Only comments received by that time will be considered. Written comments must be
submitted to:

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Jessie Romine
Bureau of Firearms
Division of Law Enforcement
Department of Justice
P.O. Box 160487
Sacramento, CA 95816-0487
Phone: 916-227-4217
Email: [email protected]

AUTHORITY AND REFERENCE

Authority: Sections 30352, and 30370, Penal Code.

Reference: Sections 16150, 16151, 26710, 28180, 28220, 30300, 30305, 30312, 30314,
30342, 30352, 30370, 30385, 30390, and 30395, Penal Code.

INFORMATIVE DIGEST/POLICY STATEMENT OVERVIEW

Prior to the passage of Proposition 63 of 2016 (The Safety for All Act) and SB 1235 (2016), the
sale or transfer of ammunition was not regulated by existing law. Penal Code section 30305 had
established that an individual who is prohibited from owning or possessing a firearm is also
prohibited from owning or possessing ammunition. Both Proposition 63 and SB 1235 (2016)
authorize the Department to complete an ammunition eligibility check or to verify that an
individual’s Certificate of Eligibility (COE) is valid when the individual purchases or transfers
ammunition from or through an ammunition vendor. Prior to voter approval of The Safety for
All Act and the enactment of SB 1235 (2016), the Department had no mechanism to regulate the
sale of ammunition, meaning the Department could not stop a prohibited individual from
purchasing or receiving ammunition.

The Legislature enacted SB 1235 (2016) and the voters approved The Safety for All Act,
delegating the authority to the Department to write regulations to interpret, and make specific
certain Penal Code sections regulating the sale and transfer of ammunition. These regulations
are beneficial as they create a process for the Department to make a determination to either
approve or reject an ammunition purchase or transfer that is conducted by or processed through
an ammunition vendor. The Department will make a determination to either approve or reject
each ammunition purchase or transfer conducted by or processed through an ammunition vendor
unless the individual is exempt from the Department’s approval pursuant to Penal Code section
30352, subdivision (e).

These regulations explain that an ammunition vendor is responsible for facilitating an

ammunition purchase or transfer by submitting the ammunition purchaser’s or transferee’s
personal information to the Department, or by verifying the individual’s COE status.

These regulations will benefit the state of California because an individual who is prohibited by
either state or federal law to possess ammunition will be unable to obtain Department approval
for an ammunition purchase or transfer from or through an ammunition vendor.

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California Code of Regulations, Title 11, Division 5, Chapter 11 interprets and details the
specifics of these regulations as follows:

Section 4300 specifies the scope of the new chapter, the regulation of an ammunition purchase or
transfer from or through an ammunition vendor. This chapter provides guidance for an
individual to purchase or transfer ammunition commencing July 1, 2019.

Section 4301 defines all firearm-related words throughout this new chapter so that the
Department and members of the public can apply the same definitions to the firearm-related
terminology used in the regulations to understand what the Department requires of them.

Section 4302 establishes the process for an individual to purchase or transfer ammunition as
prescribed by Penal Code section 30370, subdivision (b).

Section 4303 establishes the process for one-time ammunition purchases or transfers.

Section 4304 establishes the process for an individual to purchase a firearm and ammunition
within the same transaction.

Section 4305 establishes the process for an individual with a COE to purchase or transfer
ammunition.

Section 4306 establishes the process for an exempted individual to purchase or transfer
ammunition.

Section 4307 establishes the application process for an ammunition vendor to acquire telephonic
access to the Department, which will allow the Department to complete an ammunition
eligibility check or verify that an individual’s COE is valid, as a result of the ammunition vendor
being unable to electronically submit information to the Department’s DES website.

Section 4308 specifies that the ammunition vendor can only deliver ammunition after the
ammunition purchase or transfer is approved.

Section 4309 explains that an ammunition vendor will collect the fee for the ammunition
eligibility check or COE verification, from the purchaser or transferee, and transfer the funds to
the Department.

ANTICIPATED BENEFITS OF THE PROPOSED REGULATIONS

An ammunition purchase or transfer completed in the state of California must be conducted

through an ammunition vendor unless otherwise exempted. Prior to the sale or transfer, an
ammunition vendor will initiate an eligibility check to ensure the purchaser or transferee is not
prohibited from possessing ammunition. These proposed regulations will benefit public safety
because they create a process which will ensure an individual prohibited by either state or federal
law from possessing ammunition will be unable to purchase or transfer ammunition.

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These regulations will explain the process that must be followed to purchase or transfer
ammunition, what to do if an attempted purchase or transfer is denied, and will clarify what is
needed to be exempt from certain parts of the process. In brief, these regulations will provide the
public and ammunition vendors with directives that will guide both in the ammunition sale and
transfer process.

EVALUATION OF INCONSISTENCY/INCOMPATIBILITY WITH EXISTING STATE

REGULATIONS

Pursuant to Government Code section 11346.5, subdivision (a)(3)(D), the Department shall
evaluate whether the proposed regulation is inconsistent or incompatible with existing state
regulations. Pursuant to this evaluation, the Department has reviewed existing regulations
pertaining to firearms within California Code of Regulations (“CCR”) Title 11, Division 5, and
determined that these proposed regulations are not inconsistent or incompatible. This
determination is based on the fact that the proposed regulations clarify and provide further detail
for existing Penal Code sections.

COMPARABLE FEDERAL REGULATIONS

The proposed regulations are not mandated by federal statute or regulation.

INCORPORATED BY REFERENCE

The following form is Incorporated by Reference: Application for Telephonic Vendor Approval,
BOF 1020 (Orig. 05/2018)

DISCLOSURES REGARDING THE PROPOSED ACTION

The Department has made the following initial determinations:

Mandate on local agencies or school districts: None.

Cost or savings to any state agency: None.

Cost to any local agency or school district which shall be reimbursed in accordance with
Government Code sections 17500 through 17630: None.

Other nondiscretionary cost or savings imposed on local agencies: None.

Cost or savings in federal funding to the state: None.

Significant effect on housing costs: None.

Business report requirement: None.

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Significant, statewide adverse economic impact directly affecting business, including the ability
of California businesses to compete with businesses in other states: None.

RESULTS OF THE ECONOMIC IMPACT ASSESSMENT/ANALYSIS

Assessment regarding effect on jobs/businesses: Adoption of the proposed regulation will create
permanent jobs within the Department. Adoption of the proposed regulations will not:

(1) Create or eliminate jobs within California, with the exception of the Department’s permanent
positions needed to conduct tasks associated with ammunition eligibility checks and COE
verifications;
(2) Create new businesses or eliminate existing businesses within California; or
(3) Affect the expansion of businesses currently doing business within California.

The Department has made the determination on items (1) through (3) based on the fact that the
fee for an ammunition eligibility check or the COE verification process is minimal and will not
deter an individual from purchasing or transferring ammunition in California. Therefore, an
individual will still purchase or transfer ammunition from an ammunition vendor, and an
ammunition vendor will not be losing business from these regulations.

The Department has also made this determination after considering implied costs to ammunition
vendors and ammunition purchasers for the processing time of a Standard Ammunition
Eligibility Check. The Department estimates that it will take approximately two minutes for a
Standard Ammunition Eligibility Check to be processed, so the implied costs for an ammunition
vendor can be derived from taking the two-minute processing time and multiplying it by the 13
million transactions while valuing ammunition vendor staff and ammunition purchaser time at
$11 per hour. In total, the annual implied cost that comes from the Department’s processing time
for these transactions is $9,533,334, and this cost independently applies to ammunition vendors
($4,766,667) and ammunition purchasers ($4,766,667). Although ammunition vendors and
ammunition purchasers have implied costs attributed to the time it takes to process a transaction,
ammunition vendors have the ability to process multiple transactions simultaneously and
ammunition purchasers are still able to shop and be productive while waiting for their transaction
to be processed. Therefore, the Department’s processing time for the Standard Ammunition
Eligibility Check will not be burdensome for ammunition vendors nor restrict ammunition
purchasers in their leisurely activity of shopping.

(4) Benefits of the Proposed Regulations: These proposed regulations are beneficial to the health
and welfare of California’s residents because they create a process which will ensure an
individual prohibited by either state or federal law to possess ammunition will be unable to
purchase or transfer ammunition. An ammunition purchase or transfer completed in California
must be conducted by or processed through an ammunition vendor unless otherwise exempted.
An ammunition vendor is required to submit an ammunition purchaser’s or transferee’s personal
information directly to the Department, to allow the Department to complete an ammunition
eligibility check or verify that the individual has a valid COE prior to approving an ammunition
purchase or transfer. Furthermore, these regulations will benefit the welfare of California
residents because the Department shall only approve an ammunition purchase or transfer for an

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individual who is not prohibited by either state or federal law from possessing ammunition.
These regulations minimize the likelihood of a dangerous prohibited individual taking possession
of ammunition.

Cost impacts on a Private Person or Business:

The Department has determined that the cost to a private individual would be either the $1.00 fee
for the Department’s Standard Ammunition Eligibility Check, the $1.00 fee for the Department
to verify that a COE is valid, or the $19.00 fee for the Department’s Basic Ammunition
Eligibility Check. The actual cost to the individual depends on the number of times an
individual attempts to purchase or transfer ammunition. The Department is unable to determine
how many times an individual will attempt to purchase or transfer ammunition. As mentioned
above, ammunition purchasers and ammunition vendors will have an annual implied cost of
$4,766,667 each that comes from the Department’s processing time for a Standard Ammunition
Eligibility Check.

The Department determines that these regulations will not have a significant impact on the
creation or elimination of private sector jobs within the state of California. The estimated impact
on businesses considers the implied costs that stem from the processing time for a Standard
Ammunition Eligibility Check. The processing time for a Standard Ammunition Eligibility
Check does not limit the amount of ammunition transactions that an ammunition vendor can
initiate, and therefore, ammunition vendors will not lose business as a result.

Small business determination: The Department has determined that the proposed regulation will
not affect the creation or elimination of businesses because the effects from these regulations will
be minimal. The estimated impact on small businesses considers the implied costs that come
from the processing time for a Standard Ammunition Eligibility Check. The processing time for
a Standard Ammunition Eligibility Check does not limit the amount of ammunition transactions
that an ammunition vendor that is a small business can initiate, and therefore, these ammunition
vendors will not lose business as a result.

CONSIDERATION OF ALTERNATIVES

In accordance with Government Code section 11346.5, subdivision (a)(13), the Department must
determine that no reasonable alternative it considered or that has otherwise been identified and
brought to the attention of the Department would be more effective in carrying out the purpose
for which the action is proposed or would be as effective and less burdensome to affected private
persons than the proposed action or would be more cost-effective to affected private persons and
equally effective in implementing the statutory policy or other provision of law. Any person
interested in presenting statements or arguments with respect to alternatives to the proposed
regulations may do so at the scheduled hearing or during the written comment period.

CONTACT PERSONS

Please direct inquiries concerning the proposed administrative action to:

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Jessie Romine
Bureau of Firearms
Division of Law Enforcement
Department of Justice
P.O. Box 160487
Sacramento, CA 95816-0487
Phone: (916) 227-4217
Email: [email protected]

The back-up contact person for these inquiries is:

Kelan Lowney
Bureau of Firearms
Division of Law Enforcement
Department of Justice
P.O. Box 160487
Sacramento, CA 95816-0487
Phone: (916) 227-7614
Email: [email protected]

AVAILABILITY OF RULEMAKING FILE INCLUDING THE INITIAL STATEMENT OF

REASONS

The Department will have the entire rulemaking file available for inspection and copying
throughout the rulemaking process. The text of the proposed regulation (the “express terms”),
the initial statement of reasons, and the information upon which the proposed rulemaking is
based are available at the Department’s website at http://oag.ca.gov/firearms/regs. Copies may
also be obtained by contacting Jessie Romine.

AVAILABILITY OF CHANGED OR MODIFIED TEXT

After considering all timely and relevant comments received, the Department may adopt the
proposed regulations substantially as described in this notice. If the Department makes
modifications, which are sufficiently related to the originally proposed text, it will make the
modified text (with the changes clearly indicated) available to the public for at least 15 days and
accept written comments before the Department adopts the regulations. Copies of any modified
text will be available on the Department’s website at http://oag.ca.gov/firearms/regs. A written
copy of any modified text may be obtained by contacting Jessie Romine.

AVAILABILITY OF FINAL STATEMENT OF REASONS

Upon completion, the final statement of reasons will be available on the Department’s website at
http://oag.ca.gov/firearms/regs. You may also obtain a written copy of the final statement of
reasons by contacting Jessie Romine.

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AVAILABILITY OF DOCUMENTS ON THE INTERNET

Copies of the Notice of Proposed Action, the Initial Statement of Reasons, and the text of the
regulation in underline and strikeout format, as well as the Final Statement of Reasons once
completed, are available on the Department’s website at http://oag.ca.gov/firearms/regs.

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EXHIBIT 4

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INITIAL STATEMENT OF REASONS

PROBLEM STATEMENT

Proposition 63 (The Safety for All Act of 2016) and Senate Bill 1235 (2016) are newly enacted
laws that regulate the sale or transfer of ammunition in California. Proposition 63, section 2,
paragraphs 6 and 7 state:

“6. We know background checks work. Federal background checks have already prevented more
than 2.4 million gun sales to convicted criminals and other illegal purchasers in America. In
2012 alone, background checks blocked 192,043 sales of firearms to illegal purchasers including
82,000 attempted purchases by felons. That means background checks stopped roughly 225
felons from buying firearms every day. Yet California law only requires background checks for
people who purchase firearms, not for people who purchase ammunition. We should close that
loophole.

7. Right now, any violent felon or dangerously mentally ill person can walk into a sporting
goods store or gun shop in California and buy ammunition, no questions asked. That should
change. We should require background checks for ammunition sales just like gun sales, and stop
both from getting into the hands of dangerous individuals.”

Proposition 63 and Senate Bill 1235 (2016) authorize the Department of Justice (Department) to
adopt these regulations to interpret, and make specific the Penal Code sections that implement a
background check for the purchase and transfer of ammunition.

ANTICIPATED BENEFITS
These regulations will benefit public safety by various means, including regulating the sale of
ammunition to prevent the acquisition by convicted felons, the dangerously mentally ill and
other persons who are prohibited from possessing firearms and ammunition.

These regulations will explain the process that must be followed to purchase or transfer
ammunition, or what to do if an attempted purchase or transfer is denied, and will clarify what
is needed to be exempt from Department approval to purchase or transfer ammunition. In brief,
these regulations will provide the public and ammunition vendors with the directives that will
guide both in the ammunition sale and transfer process.

PURPOSE & NECESSITY

§ 4300. Title and Scope.

This regulation identifies the scope of the new chapter - Chapter 11, “The Department of Justice
Regulations for Ammunition Purchases or Transfers.” This regulation is necessary to identify
the title and explain the scope of the regulations.

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§ 4301. Definition of Key Terms.

Subdivisions (a) through (p) of this regulation define firearm-related words used throughout this
chapter. This section is necessary because it clarifies commonly used firearm-related terms. The
Department and members of the public can apply the same definitions to the firearm-related
terminology used in this chapter; therefore, it will help to eliminate any misunderstandings
between the Department and the public.

§ 4302. Standard Ammunition Eligibility Check.

This section establishes the fee for conducting a Standard Ammunition Eligibility Check and
explains the process for an individual to purchase or transfer ammunition pursuant to Penal Code
section 30370, subdivision (b).

Subdivision (a) establishes the fee for a Standard Ammunition Eligibility Check as $1.00. The
fees collected from the Standard Ammunition Eligibility Check will be used to repay the loan for
start up costs including consultant and payment processing contract fees, software and hardware
purchases, and personnel. (See Penal Code section 30371.) The fees also will provide for
ongoing system maintenance (including recordkeeping and storage), and salaries of the 73
permanent employees. The Department will repay the loan on an ongoing basis as revenues
from the Standard Ammunition Eligibility Check are collected. This subdivision is necessary to
specify the fee assessed pursuant to Penal Code section 30370, subdivision (e) and to recover the
total cost of implementation.

Subdivision (b) specifies the personal information that is to be collected from the purchaser or
transferee, and outlines the submission process. This subdivision is necessary because an
ammunition vendor needs to know what personal information to collect and submit in order for
the Department to complete a Standard Ammunition Eligibility Check.

Subdivisions (c) through (d) specify that the Department shall approve or reject an ammunition
purchase or transfer and outlines the process if a purchase or transfer is rejected. These
subdivisions are necessary to explain that the Department will approve or reject ammunition
purchases or transfers and provides the purchaser or transferee with the ability to understand why
their transaction was rejected.

§ 4303. One-Time Ammunition Transactions.

This regulation establishes the process for one-time ammunition purchases or transfers. This
regulation is necessary because an individual may have to request to undergo a Basic
Ammunition Eligibility Check from the Department for a one-time ammunition purchase or
transfer.

Subdivision (a) establishes the fee for a Basic Ammunition Eligibility Check as $19.00. The
$19.00 fee allows the Department to recover the cost of processing the Basic Ammunition
Eligibility Check, and is consistent with the fee paid for a firearms eligibility check. The Basic
Ammunition Eligibility Check is essentially the same background check as a firearms eligibility

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check. This subdivision is necessary to specify what the purchaser or transferee will need to pay
for a Basic Ammunition Eligibility Check, as authorized by Penal Code section 30370,
subdivision (c).

Subdivision (b) specifies the information an ammunition vendor must collect and submit into the
Dealer Record of Sale Entry System (DES) website. This subdivision is necessary because an
ammunition vendor needs to know what personal information to collect and submit in order for
the Department to complete a Basic Ammunition Eligibility Check.

Subdivision (c) establishes that an ammunition vendor will provide the purchaser or transferee
with an Ammunition Transaction Number (ATN), which may be used to check the status of the
Basic Ammunition Eligibility Check on the Department’s California Firearms Application
Reporting System (CFARS) website. This subdivision is necessary to inform an individual how
to use an ATN to obtain the status for the Basic Ammunition Eligibility Check from the
Department.

Subdivisions (c)(1) through (2) establish that an approved Basic Ammunition Eligibility Check
can be used for one ammunition purchase or transfer, and expires 30 days after issuance, and if a
Basic Ammunition Eligibility Check is denied, the Department will provide the reason for the
denial via U.S. Mail. These subdivisions are necessary to explain the limitations of a Basic
Ammunition Eligibility Check, and its expiration period, and to explain the denial notification
process.

Subdivision (d) explains that upon completion of the Basic Ammunition Eligibility Check, the
transaction status will be updated in DES. This subdivision is necessary because the DES
transaction status change is an indication to the ammunition vendor that the Department has
completed the Basic Ammunition Eligibility Check, and upon approval, the ammunition vendor
may then proceed with the ammunition sale or transfer.

§ 4304. Firearms Eligibility Check.

As authorized pursuant to Penal Code section 30352, subdivision (c), an individual that has been
approved to purchase or transfer a firearm shall also be approved to purchase or transfer
ammunition within the same transaction. This regulation establishes the process for an
individual to purchase or transfer one or more firearms and ammunition in the same transaction.

Subdivision (a) explains that, except as provided in subdivision (b), an individual purchasing or
transferring one or more firearms and ammunition within the same transaction shall only pay the
fee prescribed by the California Code of Regulations, Title 11, section 4001, for a firearms
eligibility check. This subdivision is necessary because both the firearms dealer and the
individual need to understand the fee to be collected when one or more firearms and ammunition
are purchased or transferred in the same transaction.

Subdivision (b) specifies two scenarios when a California resident may receive ammunition prior
to the completion of the firearms eligibility check. Purchasers may take possession of the
ammunition if they pay the $1.00 fee for either the Standard Ammunition Eligibility Check or

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the Certificate of Eligibility (COE) verification process, and are approved by the Department.
This subdivision is necessary to explain to a firearms dealer that when ammunition is purchased
or transferred within the same transaction as a firearm, ammunition can only be delivered prior to
the firearms eligibility check if the individual has been approved following the completion of
either the Standard Ammunition Eligibility Check or the COE verification.

§ 4305. COE Verification Process.

This regulation explains the process for the Department to process a COE holder’s ammunition
purchase or transfer. Pursuant to Penal Code section 30370, subdivision (a), the Department has
the authority to process a COE holder’s ammunition purchase or transfer. This regulation is
necessary to establish a process for a COE holder to be approved by the Department to purchase
or transfer ammunition.

Subdivision (a) establishes the fee for a COE verification as $1.00. The fees collected from the
COE verification will contribute toward start up costs and ongoing system maintenance,
including employee salaries. This subdivision is necessary to specify the fee for a COE
verification.

Subdivision (b) specifies what information the ammunition vendor will collect from the COE
holder for the Department to verify the status of his or her COE in order to approve a purchase or
transfer of ammunition. The ammunition vendor is required to submit the COE holder’s
personal information along with the COE number to the DES website. This subdivision is
necessary to explain to an ammunition vendor how to process a COE holder’s purchase or
transfer.

Subdivision (c) specifies that the Department will approve or reject a COE holder’s ammunition
purchase or transfer and inform the ammunition vendor of the determination. If the Department
determines the individual has a valid COE, the ammunition purchase or transfer shall be
approved, but if the Department determines the individual’s COE is not valid, the Department
shall reject the ammunition purchase or transfer. This subdivision is necessary to ensure the
ammunition vendor understands the Department must approve or reject the ammunition purchase
or transfer.

§ 4306. Ammunition Purchases or Transfers for Exempted Individuals.

Subdivisions (a)(1) through (5) specify the types of identification that will identify an individual
who is exempt from Department approval to purchase or transfer ammunition. These
subdivisions are necessary because an ammunition vendor will need to verify exempted
individuals’ identities before processing an ammunition purchase or transfer without Department
approval.

Subdivision (b) specifies that an ammunition vendor shall keep copies of the identification that
identify sworn state or local peace officers or federal law enforcement officers and the original
verifiable written certification from the head of the agency, and these records are to be made
available to the Department upon request. Pursuant to Penal Code section 30352, subdivision

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(e)(8)(iii), an ammunition vendor is required to keep the certification with the record of sale for
ammunition transactions processed for sworn state or local peace officers or federal law
enforcement officers. This subdivision is necessary to explain how this information must be
recorded and reported to the Department.

Subdivision (c) clarifies that once an ammunition vendor has verified that an individual is
exempt from Department approval for an ammunition purchase or transfer, the ammunition
vendor may provide possession of the ammunition to the exempt individual. This subdivision is
necessary because the ammunition vendor can only provide ammunition to an individual after it
has verified that individual is exempt from the Department’s ammunition eligibility check or the
COE verification process.

§ 4307. Telephonic Access for Ammunition Vendors.

This regulation explains the process for an ammunition vendor to obtain telephonic access to the
Department for the purposes of processing the sale or transfer of ammunition, which will allow
the Department to manually determine if an individual can possess ammunition. If the
ammunition vendor is able to demonstrate it does not have access to Internet service, the
ammunition vendor will be able to obtain telephonic access to the Department. This regulation is
necessary because an ammunition vendor needs a mechanism to apply for telephonic access to
the Department, and the Department is required to process each ammunition purchase or transfer
that is conducted by or processed through an ammunition vendor on a telephone line.
Telephonic access for an ammunition vendor will allow the Department to manually verify that
an individual is eligible to possess ammunition following the completion of a Standard
Ammunition Eligibility Check, Basic Ammunition Eligibility Check, or the COE verification
process.

Subdivisions (a) and (b) explain what document(s) an ammunition vendor can submit to prove
that the service provider in their area does not offer Internet service at the ammunition vendor’s
place of business. This document is required to be mailed with the Ammunition Vendor (Non-
Firearms Dealer) Application for Telephonic Approval, Form BOF 1020 (Orig. 05/2018) to
apply for telephonic access to the Department. This subdivision is necessary because an
ammunition vendor needs to understand the requirement to show it needs telephonic access
because it cannot obtain Internet access. Telephonic access is the only mechanism for an
ammunition vendor to submit an ammunition purchaser’s or transferee’s personal information to
the Department when it does not have Internet service.

Penal Code section 30370 provides that it is important that this form be signed under penalty of
perjury because the vendor is attempting to utilize a service the Legislature has made available
only under specified conditions. By signing under penalty of perjury, the vendor confirms for
the Department that it is aware of the restrictions and meets them.

Subdivision (c) clarifies that the Department shall either approve or deny the ammunition
vendor’s application for telephonic access. This subdivision is necessary because the
Department shall approve telephonic access before an ammunition vendor can utilize the

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Department’s telephone line to submit an ammunition purchaser’s or transferee’s personal

information to the Department.

§ 4308. Delivery of Ammunition Following DES Submission.

Subdivision (a) specifies that when the Department approves an ammunition purchase or
transfer, the DES transaction record will change from “Pending” to “Approved.” The DES
transaction record indicates the Department’s determination for the ammunition purchase or
transfer. This subdivision is necessary because the ammunition vendor can only deliver
ammunition to a purchaser or transferee if the DES transaction record shows as “Approved.”
Subdivision (b) specifies that ammunition may only be delivered if the status of the DES
transaction record is approved. This subdivision is necessary to let ammunition vendors know
when ammunition can be delivered to a purchaser or transferee.

Subdivision (c) requires that when an ammunition vendor delivers ammunition to a purchaser or
transferee, the ammunition vendor shall submit the ammunition sale information to the
Department. This subdivision is necessary because this records the ammunition transaction
information as required pursuant to Penal Code section 30352, subdivision (b).

§ 4309. Billing, Payment, and Suspension for Non-Payment.

Subdivision (a) explains how an ammunition vendor is billed by the Department for the
completion of ammunition eligibility checks and COE verifications. This subdivision is
necessary because the ammunition vendor is required to collect fees for ammunition eligibility
checks and COE verifications and these fees need to be paid to the Department.

Subdivision (b) specifies that an ammunition vendor shall pay the Department via a major credit
card or debit card, and that this payment is due within 30-days of the billing statement date. This
subdivision is necessary, so the ammunition vendor can both understand how to pay the bill and
when specifically the bill is due.

Subdivision (c) explains that if the ammunition vendor does not pay the bill for the ammunition
eligibility check and COE verification activity to the Department, the ammunition vendor’s
access to DES will be suspended until full payment for the past due amount is received. This
subdivision is necessary because it explains the consequence for not paying this bill to the
Department. If the ammunition vendor does not pay this bill to the Department, the ammunition
vendor will be unable to facilitate an ammunition eligibility check or COE verification because
the Department will suspend its access to DES.

Subdivision (d) clarifies that when an ammunition vendor’s access to DES is suspended, the
ammunition vendor will be unable to process or conduct an ammunition purchase or transfer for
an individual that needs to undergo an ammunition eligibility check or COE verification. While
an ammunition vendor’s access to DES is suspended, the ammunition vendor shall still maintain
its status as an ammunition vendor licensee. This subdivision is necessary to explain that if an
ammunition vendor loses access to DES, its ammunition vendor license status will not be
affected.

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AUTHORITY AND REFERENCE

Authority: Sections 30352, and 30370, Penal Code.

Reference: Sections 16150, 16151, 26710, 28180, 28220, 30300, 30305, 30312, 30314, 30342,

30352, 30370, 30385, 30390, and 30395, Penal Code.

TECHNICAL, THEORETICAL, AND/OR EMPIRICAL STUDY, REPORTS, OR

DOCUMENTS

Department staff relied upon their experience, expertise, and the following sources when writing
these proposed regulations:

Popken, Ben, Consumer News and Business Channel, “America’s Gun Business, By the
Numbers” https://www.cnbc.com/2015/10/02/americas-gun-business-by-the-numbers.html,
published on October 2, 2015.

Henderson, Peter and Daniel Trotta, Reuters, “What’s missing in U.S. gun control scramble?
Bullets” https://www.reuters.com/article/us-usa-guns-ammunition/whats-missing-in-u-s-gun-
control-scramble-bullets-idUSBRE90J02K20130120, published on January 20, 2013.

ECONOMIC IMPACT ASSESSMENT/ANALYSIS

Purpose

The Department proposes to adopt California Code of Regulations Title 11, sections 4300
through 4309 to interpret, and make specific the Penal Code sections that implement an
eligibility check for the purchase and transfer of ammunition.

The Department estimates there will be approximately 13 million ammunition purchases or

transfers conducted each year with a Standard Ammunition Eligibility Check. This calculation
was based on the fact that in 2014, California residents accounted for just 931,037 firearms
background checks, which is just 4.44 percent of the 20,968,273 firearms background checks
that were completed nationally in the United States.1 Additionally, U.S. residents purchase
around 12 billion rounds annually.2 If this rate of firearm background checks is an indicator of
approximate overall gun ownership, and in turn ammunition usage, then this equates to
approximately 13.2 million boxes of ammunition per year. For this calculation, the Department
has assumed that 4.44 percent of 12 billion is 528 million, and 528 million divided by 40 (40
being the amount of rounds in each box ammunition) ultimately totals approximately 13.2
million boxes of ammunition purchased by California residents each year.

1
Ben Popken, “America’s Gun Business, By The Numbers,” Consumer News and Business Channel (CNBC),
published October 2, 2015, https://www.cnbc.com/2015/10/02/americas-gun-business-by-the-numbers.html.
2
Peter Henderson and Daniel Trotta, “What’s missing in the U.S. gun control scramble? Bullets,” Reuters,
published on January 20, 2013, https://www.reuters.com/article/us-usa-guns-ammunition/whats-missing-in-u-s-gun-
control-scramble-bullets-idUSBRE90J02K20130120.

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The Department translated the 13.2 million boxes of ammunition to the estimated 13 million
ammunition transactions (conducted with a Standard Ammunition Eligibility Check) after careful
consideration of mitigating factors which include ammunition purchased at the same time of a
firearm, multiple boxes of ammunition purchased in the same transaction, and individuals
transitioning to reloading their own ammunition.

Private Sector

The Department determines that these regulations will not have a significant impact on the
creation or elimination of private sector jobs within the state of California. The estimated impact
on businesses stems from the implied cost for ammunition vendors to process ammunition
transactions. The Department estimates that it will take approximately two minutes to process a
Standard Ammunition Eligibility Check, so the implied costs for an ammunition vendor can be
derived from taking the approximate two-minute processing time and multiplying it by the
estimated 13 million transactions, while valuing ammunition vendor staff time at $11 per hour.
In total, the annual direct cost for ammunition vendors to process these transactions is
$4,766,667. Ammunition purchasers will also have the same annual implied cost of $4,766,667
since they have to wait for the transaction to be processed and their time is valued at $11 per
hour. An ammunition vendor can initiate a Standard Ammunition Eligibility Check, and even
when the Department is processing the transaction, the ammunition vendor can still initiate
additional ammunition transactions while ammunition purchasers continue to shop and likely
purchase other items.

The Department has determined that these regulations will not have a significant impact on the
creation of new businesses or elimination of businesses within California or affect the expansion
of businesses currently doing business in California because the effects of these regulations will
be minimal. The costs for a business to comply with these regulations are minimal because
although it takes time for the Department to process an ammunition eligibility check,
ammunition purchasers will be shopping for other products in the store, allowing the ammunition
vendor to sell more items to the public.

Public Sector

The Department determines that these regulations will not have a significant impact on the
creation or elimination of public sector jobs within the state of California. The Department
anticipates hiring personnel to develop the systems and manage ongoing ammunition sales and
transfers. The revenue to pay for these employees is derived from the following fees.
The Department is authorized to charge a $1.00 fee for a Standard Ammunition Eligibility
Check, a $19.00 fee for a Basic Ammunition Eligibility Check, and a $1.00 fee for the
verification of a COE. The Department expects to collect $13 million per year in revenue from
the Standard Ammunition Eligibility Check and COE verification process (based on 13 million
ammunition transactions per year). The Department expects to collect $950,000 per year from
the Basic Ammunition Eligibility Check (based on approximately 50,000 Basic Ammunition
Eligibility Checks conducted per year). From this revenue, the Department will repay a $25
million loan to the General Fund used for the start-up costs (that include consultant and payment
processing contracts, software and hardware purchases, and personnel) of the implementation of

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Penal Code sections 30352 and 30370, and ongoing employee salaries, system maintenance, and
payment processing contracts.

The Department has made these determinations based on the fact that the fee for an ammunition
eligibility check or the COE verification process is minimal and will not deter an individual from
purchasing or transferring ammunition in California. Therefore, an individual will still purchase
or transfer ammunition from an ammunition vendor, and an ammunition vendor will not be
losing business from these regulations.

The proposed regulations are beneficial to the health and welfare of California’s residents
because they create a process which will ensure an individual prohibited by either state or federal
law to possess ammunition will be unable to purchase or transfer ammunition. An ammunition
purchase or transfer completed in California must be conducted by or processed through an
ammunition vendor unless otherwise exempted. An ammunition vendor is required to submit an
ammunition purchaser’s or transferee’s personal information directly to the Department, so the
Department can complete an ammunition eligibility check or verify that the individual has a
valid COE prior to approving an ammunition purchase or transfer to take place. Furthermore,
these regulations will benefit the welfare of California residents because the Department shall
only approve an ammunition purchase or transfer for an individual who is not prohibited by
either state or federal law to possess ammunition. These regulations minimize the likelihood of a
dangerous prohibited individual taking possession of ammunition.

EVIDENCE SUPPORTING FINDING OF NO SIGNIFICANT STATEWIDE ADVERSE

ECONOMIC IMPACT DIRECTLY AFFECTING BUSINESS

The primary evidence supporting the Department’s determination that these regulations will not
result in adverse economic impact directly affecting business is that despite there being direct
and implied costs to ammunition vendors and ammunition purchasers for the time it takes the
Department to process a Standard Ammunition Eligibility Check, there is no evidence that these
regulations will deter ammunition sales or be a significant burden to ammunition purchasers.
Ammunition purchases are considered a leisurely activity, and oftentimes done while out
shopping for other items or browsing for future purchases, which is beneficial to both parties.

REASONABLE ALTERNATIVES TO THE REGULATION AND THE AGENCY’S

REASONS FOR REJECTING THOSE ALTERNATIVES

No other reasonable alternatives were presented to, or considered by, the Department that would
be either more effective in carrying out the purpose for which the action is proposed, or would be
as effective and less burdensome.

REASONABLE ALTERNATIVES TO THE PROPOSED REGULATORY ACTION THAT

WOULD LESSEN ANY ADVERSE IMPACT ON SMALL BUSINESSES, AND THE
AGENCY’S REASONS FOR REJECTING THEM

No other reasonable alternatives were presented to, or considered by, the Department that would
be either more effective in carrying out the purpose for which the action is proposed, or would be

Page 9 of 10
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as effective and less burdensome.

DUPLICATION OR CONFLICT WITH FEDERAL REGULATIONS

The proposed regulations are not mandated by federal law or regulations.

Page 10 of 10
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EXHIBIT 5

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STATEOF CALIFORNIA- DEPARTMENTOF FINANCE
ECONOMIC AND FISCAL IMPACT STATEMENT
(REGULATIONS AND ORDERS)
STD. 399 (REV. 12/2013)
ECONOMICIMPACTSTATEMENT
DEPARTMENT NAME CONTACTPERSON MAIL ADDRESS TELEPHONE NUMBER
Justice I
Jessie Romine ~mmoregs @doj.ca.gov 916-227-4217
DESCRIPTIVE
TITLEFROMNOTICEREGISTEROR FORM400 NOTICEFILENUMBER

Ammunition Purchasesor Transfers z

A. ESTIMATEDPRIVATESECTORCOSTIMPACTS Include calculations and assumptions in the rulemak ing record.

1. Check the appropriate bo x(es) below to indicate whether this regulat ion :
(8) a. Imp acts business and/ or employees 0 e. Imposes reporting requ irements
(8) b. Imp acts small businesses 0 f. Imp oses prescriptive instead of performance
0 c. Impacts jobs or occupations (8) g. Imp acts indi viduals
0 d. Imp acts California competitiveness 0 h. None of the above (Explain below ):

If any box in Items I a through g is checked, complete this Economic Impact Statement.
If box in Item J.h. is checked, comp lete the Fiscal Impact Statement as appropriate.
Department of Justice
2. The -----,-,-----,=--,----,..------- estimates that the economic impact of this regulation (whic h includes the fiscal impact) is:
(Agency/ Department)

0 Below S10 million

0 Between S 1Oand $25 million

(8) Between $25 and $50 million

0 Over $50 m illio n [If the economicimpact is over $50million, agenciesare required to submit a Standardized Regulatory Impact Assessment
asspecifiedin Government CodeSection 11346.3(c)}

3. Enter the total number of businesses impacted : Appro x. 2600

Describe the ty pes of businesses (Include nonprofits): Firearms dealers and businesses that sell ammunition to the public.
Enter the numb er or percentage of total
businesses impacted that are small businesses: Appro x. 60 %

4. Enter the number of bu sinesses that will be created : N/ A eliminated : N/ A

Explain : These regulations only apply to the sale or transfer of ammunition .

5. Indicate the geographic extent of impacts: (8) Statewide

0 Local or regional (List areas):
----------------------
6. Enter th e numb er of jobs created: 0 and eliminated: 0
-------
Describe the types of jobs or occupations impacted : Individuals that own or operate an ammunition vendor business within the state
of California .

7. Will the regulation affect the ability of California businesses to compete with
other state s by making it more costly to produce go ods or services here? O YES (8) NO
If YES,explain briefl y:

77 PAGE 1
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STATE OF CALIFORNIA -
DEPARTMENT OF FINAN CE Document 33 Filed 07/22/19 PageID.675 Page 88 of 135
ECONOMIC AND FISCAL IMPACT STATEMENT
(REGULATIONS AND ORDERS)
STD . 399 (REV. 1212013)

ECONOMIC IMPACT STATEMENT (CONTINUED)

B. ESTIMATED COSTS Include calculations and assumptions in the rulemaking record.

1. What are the total statewide dollar costs that businessesand individuals may incur to comply with this regulation over its lifetime? $ Undetermined

a. Initial costs for a small business: $ Unknown Annual ongoing costs: $ Unknown Years:N/A
---------- ---- -
b. Initial costs for a typical business:SU n known Annual ongoing costs: $ Unknown Years:N/ A
---------- --- --
c. Initial costs for an individual: s1.ooto $19 .00 Annual ongoing costs: $ 1.00 to $19.00 Years:N/ A
--- --
d. Describe other economic costs that may occur: See Attachment - A.
------- - -- ------------------------

2. If multiple industries are impacted, enter the share of total costs for each industry: N/ A
------------- ---- -------

3. If the regulation imposes reporting requirements, enter the annual costs a typical businessmay incur to comply with these requirements.
Include the dollar costs to do programming , record keeping, reporting, and other paperwork , whether or not the paperwork must be submitted. $NIA
----- -
4. Will thi s regulation directly impact housing costs? 0 YES [Zj NO
If YES,enter the annual dollar cost per housing unit: $
----- ----- -
Number of units:
5. Are there comparable Federal regulations? DY ES [Zj NO

Explainthe need for State regulat ion given the existence or absenceof Federal regulations: The proposed regulations are necessary to allow

the Department to authorize an individual to purchase or transfer ammunition as authorized by Penal Code section 30370 .

Enter any additional costs to businessesand/ or individuals that may be due to State - Federal differences: S N / A
---------- -
C. ESTIMATED BENEFITS Estimation of the dollar value of benefits is not specifically required by rulemaking law , but encouraged.

1. Briefly summarize the benefits of the regulation, which may includ e among others, the
health and welfare of California residents,worker safety and the State'senvironment: These regu lations will increase public safety

throughout the state of California by preventing convicted felons , the dangerously mentally ill, and other prohibited

persons from acquiring ammunition .

2. Are the benefits the result of: [Z] specific statutory requirements, or O goals developed by the agency basedon broad statutory authority?
Explain: Pursuant to Penal Code sections 30352 and 30370, the DOJ is authorized to establish regulations .

3. What are the total statewide benefits from this regulation over its lifetime? $ Undetermined

4 . Briefly describe any expansion of businessescurrently doing business within the State of California that would result from this regulation:N/ A
-------

D. ALTERNATIVESTO THE REGULATION Include calculations and assumptions in the rulemaking record . Estimation of the dollar value of benefits is not
specifically required by rulemaking law, but encouraged.

1. List alternatives considered and describe them below. If no alternatives were considered, explain why not: No alternatives were considered

because pursuant to Penal Code section 30370, subdivision (c) and (e), the Department is statutorily mandated to collect a

reasonable fee to cover the cost of regulatory and enforcement activities .

78 PAGE 2
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STATE OF CALIFORNIA -
DEPARTMENT OF FINANCE Document 33 Filed 07/22/19 PageID.676 Page 89 of 135
ECONOMIC AND FISCAL IMPACT STATEMENT
(REGULATIONS AND ORDERS)
STD. 399 (REV. 12/2013)

ECONOMIC IMPACT STATEMENT (CONTINUED)

2. Summarize the total statewide costs and benefits from this regul ation and each alternative considered:

Regulation: Benefit: S Unquantifiable Cost: s Undetermined

A lternative 1: Benefit: S------- N/ A Cost: S ---
N/A ----
Alternative 2: Benefit: S N/A Cost: S N/ A
----- --
3. Briefly discuss any quantification issues that are relevant to a comparison
of estimated costs and benefits for th is regulation or alternatives: N/ A
-----------------------------

4 . Rulemaking law requires agencies to cons ider performance standards as an alternative, if a

regu lation mandates the use of specific technologies or equipment, or presc ribes specific
actions or procedures. Were performance standards considered to lower compliance costs? D YES [Rj NO

Explain: The proposed regul ation s do not mandate the use of specific technologies or equipment , or prescribe specific
action s or procedures .

E. MAJOR REGULATIONS Include calculations and assumptions in the rulemaking record.

California Enviro nmental Protection Agency (Cal/EPA) boards, offices and departments are required to
subm it the follow ing (per Health and Safety Code section 57005). Otherwise, skip to E4.
1. Will the estimated costs of this regulation to California business enterp ri ses exceed $1 O million ? D YES [Rj NO
If YES, complete E2. and E3
If NO, skip to E4
2. Briefly describe each alternative, or combi nation of alternatives, for wh ich a cost-effectiveness analysis was performed:

Alternative 1:
- ------- ---- -- ------ --- ---- -- -- -------- -------- -
AIt ern at iv e 2:
---- - - --- ---- --------- --- -- -- - ----- -- -----------
(Attach additional pages for other alternat ives)

3. For the regula t ion , and each alternat ive just described, enter the estimated total cost and overall cost-eff ectiveness rat io:
Regulation: Total Cost S S-- - - ------­
---- --- - - -- Cost-effect iven ess rat io:

A It ern at iv e 1: Tota l Cost S Cost-effectiveness ratio: S

-- -- - --- --- -- -- -- -- ---
A It ern at iv e 2: Total Cost S Cost -effectiveness ratio: $
--- - - -- --- - - - -- ----- - -
4. Will the regulation subject to OAL revie w have an estim ated economic impact to business enterp rises and in dividua ls located in or doing business in California
exceeding $SOmillion in any 12- month period between the date the major regulation is estimated to be filed w ith the Secretary of Stat e throughl 2 mont hs
after the major regulation is estimated to be fully impl emented?

DYES [RjNO
lfYES, agenciesare required to submit a Standardized RegulatoryImpact Assessm ent CSR/Al
as specified in
Government CodeSection 11346.3(c)and to include the SR/Ain the Initial Statement of Reasons.

5. Briefly describe the fo llowing:

The inc rease or decrease of investment in the State : N/A

--- ------ - --- - - - ---- - - ----- ------- -

The incentive for innovation in products , materials o r processes : ___ _ _ _ ____ __ __ _ N/ A

_ ____ _ _ ________ _

The benefits of the regu latio ns, including, but not limited to, benefits to the hea lth, safety , and welfare of California
residents, wo rker safety, and the state's environment and qua lity of life, am ong any other ben efits ident ified by t he agency:
-- --- ---- ---
1n creased public safety as specified in th e respon se to qu esti on Cl on th e previo us page.
79 PAGE 3
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STATEOF CALIFORNIA- DEPARTMENTOF FINANCE
ECONOMIC AND FISCAL IMPACT STATEMENT
(REGULATIONSAND ORDERS)
STD. 399 (REV. 1212013)
FISCAL IMPACT STATEMENT
A. FISCALEFFECTON LOCALGOVERNMENTIndicateappropriateboxes1through6 and attach calculationsand assumptionsof fiscalimpactfor the
current yearand two subsequentFiscalYears.

D 1. Additional expendituresin the current State FiscalYearwhich are reimbursableby the State.(Approximate)
(Pursuantto Section6 of Article XIIIB of the CaliforniaConstitution and Sections17500et seq.of the GovernmentCode).

$
---------------
D a. Funding provided in
Budget Act of________ _ or Chapter______ , Statutesof______ _

D b. Fundingwill be requestedin the Governor'sBudgetAct of

FiscalYear:
--------
D 2. Additional expendituresin the current StateFiscalYearwhich are NOTreimbursableby the State.(Approximate)
(Pursuantto Section6 of Article XIIIB of the CalifornlaConstitution and Sections17500et seq.of the GovernmentCode).

$
---------------
Checkreason(s)this regulationis not reimbursableandprovidethe appropriateinformation:

D a. Implementsthe Federalmandatecontained in
D b. Implementsthe court mandateset forth by the Court.
-----------------------
Caseof: vs.
------------------ ------------------
D c. Implementsa mandateof the people of this Stateexpressedin their approval of PropositionNo.
Date of Election:

D d. Issuedonly in responseto a specificrequestfrom affected local entity(s).

Localentity(s) affected=--------------------------------------

D e. Will be fully financed from the fees,revenue,etc.from:

Authorized by Section:___________ of the -------------- Code;

D f. Providesfor savingsto each affected unit of local government which will, at a minimum, offset any additional coststo each;

D g. Creates,eliminates,or changesthe penalty for a new crime or infraction contained in

D 3. Annual Savings.(approximate)
$
---------------
D 4. No additionalcostsor savings.Thisregulationmakesonly technical,non-substantiveor clarifyingchangesto currentlaw regulations.
(8) 5. Nofiscalimpact exists.Thisregulationdoesnot affectany localentity or program.

D 6. Other. Explain

80 PAGE4
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STATE OF CALIFORN IA-DEPARTMENT OF FINANCE

ECONOMIC AND FISCAL IMPACT STATEMENT

(REGULATIONS AND ORDERS)
STD. 399 (REV. 12/2013)

FISCAL IMPACT STATEMENT (CONTINUED)

B. FISCAL EFFECT ON STATE GOVERNMENT Indicate appropriate boxes 1 through 4 and attach calculations and assumptions of fiscal impact for the current
year and two subsequentFiscal Years.

D 1. Add iti ona l expend itur es in the current State Fiscal Year. (App roxim ate)
s --- - -----------
1tis anticipatedthat Stateagencieswill:

D a. Absorb these additional costs within t heir existing budgets and resources.
D b. Increase the current ly author ized budget level for the ___ ______ Fiscal Year

D 2. Savings in the current State Fiscal Year. (Approximate)

$ ______________ _

[8J3. No fiscal im pact exists. This regulation does not affect any State agency or program.

D 4. Other. Explain

C. FISCAL EFFECT ON FEDERAL FUNDING OF STATE PROGRAMS Indicate appropriate boxes 1through 4 and attach calculations and assumptionsof fiscal
impact for the current year and two subsequentFiscalYears.

D 1. Additiona l expe nditures in th e current State Fiscal Year. (Approximate)

s ___ __ ___ __ _
D 2. Saving s in the curre nt State Fiscal Year. (Approximate)
s
[8] 3. No fiscal impact exists. This regulation does not affect any federa lly funded State agency or program.

D 4. Other. Explain

FISCAL OFFICER SIGNAT DATE

Finance approval and signature is required when SA1\IIsections 6601-6616 requir e completion of Fiscal Impact Statement in the STD. 399.
DEPARTMENT OF FINANCE PROGRAM BUDGET MANAGER DATE

81 PAGES
Case 3:18-cv-00802-BEN-JLB Document 33 Filed 07/22/19 PageID.679 Page 92 of 135

ATTACHMENT A
Ammunition Purchases or Transfers
Economic and Fiscal Impact Statement (Regulations and Orders)
STD. 399, Section B. Estimated Costs

In regards to Section B of the Economic Impact Statement, these regulations will have· an
economic impact on both businesses and individuals.

Business Costs
The implied economic costs for businesses that sell ammunitio~ come from the processing time
of the Standard Ammunition Eligibility Check. The Department estimates that it will take
approximately two minutes to process a Standard Ammunition Eligibility Check, so the direct
costs for an ammunition vendor can be derived from taking the approximate two minute
processing time and multiplying it by the 13 million transactions while valuing ammunition
vendor staff time at $11 per hour. In total, the annual direct cost for ammunition vendors to
process these transactions is $4,766,667.
Individual Costs
The projected costs for an individual depends on how many ammunition purchases the person
makes and whether the person undergoes a Standard Ammunition Eligibility Check (SAEC),
Basic Ammunition Eligibility Check (BAEC), or Certificate of Eligibility (COE) verification.
The per-transaction cost for the SAEC or COE verification is $1.00. The cost for a BAEC is
$19.00.

In addition, ammunition purchasers will have implied costs from the processing time of the
Standard Ammunition Eligibility Check. Ammunition purchaser time is valued in the same
manner as ammunition vendors, so the annual direct cost for ammunition purchasers is
$4,766,667.

Total Fiscal Impact Projections

Type of Direct Cost Frequency Unit Cost Direct Cost

Standard Eligibility Check 13 million· $1 $ 13,000,000
Basic Eligibility Check 50,000 $19 $ 950,000
Vendor Staff Time 13 million x 2 minutes $11 per hour $ 4,766,667
Purchaser Time 13 million x 2 minutes $11 per hour $ 4,766,667
Total Direct $ 23,483,334
Cost:

Page 1 of 1
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EXHIBIT 6

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California Code of Regulations

Title 11, Division 5

Chapter 11: Ammunition Purchases or Transfers

Article 1. General

§ 4300. Title and Scope.

This chapter shall be known as the “Department of Justice Regulations for Ammunition
Purchases or Transfers,” and may be cited as such and referred to herein as “these regulations.”
The provisions of these regulations shall provide the directives for an individual to purchase or
transfer ammunition into an individual’s possession on or after July 1, 2019.

Note: Authority cited: Sections 30352, and 30370, Penal Code. Reference: Sections 30305,
30312, 30314, 30352, and 30370, Penal Code.

§ 4301. Definition of Key Terms.

(a) “AFS” means the Department’s Automated Firearms System.

(b) “AFS record” means a firearm record on file with the Department that identifies an
individual as an owner of a firearm. An AFS record has been established with the Department
when an individual has purchased or transferred a rifle or shotgun from a firearms dealer on or
after January 1, 2014, or an individual that has purchased or transferred a handgun from a
firearms dealer at any time. An AFS record may also be established after the Department
processes an individual’s assault weapon registration or an individual’s report of firearm
ownership.

(c) “ATN” means Ammunition Transaction Number issued by the Department.

(d) “Basic Ammunition Eligibility Check” means the Department’s ammunition eligibility
check as prescribed by Penal Code section 30370, subdivision (c). The Department shall
conduct a Basic Ammunition Eligibility Check to authorize a California resident for a one-time
authorization to purchase or transfer ammunition.

(e) “Certificate of Eligibility or COE” means a certificate which states that the Department
has checked its records and determined that the applicant is not prohibited from acquiring or
possessing firearms pursuant to Penal Code sections 29800, 29805, 29815 through 29825, and
29900, or Welfare and Institutions Code sections 8100 and 8103, or Title 18, sections 921 and
922 of the United States Code, or Title 27, Part 478.32 of the Code of Federal Regulations at the
time the check was performed and which ensures that a person who handles, sells, delivers, or
has under his or her custody or control any ammunition, is eligible to do so pursuant to Penal
Code section 30347.

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(f) “CFARS” means the Department’s California Firearms Application Reporting System.
An individual can access the CFARS website at the following web address:
https://cfars.doj.ca.gov/login.do.

(g) “Department” means the California Department of Justice.

(h) “Dealer Record of Sale Entry System or DES” means the Department’s website that an
ammunition vendor will use to submit an ammunition purchaser’s or transferee’s information to
the Department before the Department can approve an ammunition purchase or transfer. An
ammunition vendor can access the DES website at the following web address:
(https://des.doj.ca.gov/login.do).

(i) “Firearms dealer” means a person having a valid license to sell firearms issued pursuant
to Penal Code section 26700.

(j) “Firearms eligibility check” means a state and federal background check, pursuant to
Penal Code section 28220, that is used to determine an individual’s eligibility to possess, receive,
own, or purchase a firearm.

(k) “Head of the agency” means the chief of police or the director of public safety for a
police department, the sheriff for a county sheriff's office, the head of an agency or their designee
for a state law enforcement agency, and the manager in charge of any local field office for a
federal law enforcement agency.

(l) “One-Time Ammunition Transaction” means an ammunition purchase or transfer

whereby an individual has undergone a Basic Ammunition Eligibility Check.

(m) “Purchaser or transferee” means an individual purchasing or transferring ammunition.

(n) “Standard Ammunition Eligibility Check” means the Department’s ammunition

eligibility check as prescribed by Penal Code section 30370, subdivisions (b).

(o) “Sworn federal law enforcement officer’s credential” means identification indicating an
individual is a sworn federal law enforcement officer pursuant to Part 2, Chapter 4.5, of the
Penal Code (commencing with section 830).

(p) “Sworn state or local peace officer’s credential” means identification indicating an
individual is a sworn state or local peace officer pursuant to Part 2, Chapter 4.5, of the Penal
Code (commencing with section 830).
Note: Authority cited: Sections 30352, and 30370, Penal Code. Reference: Sections 16150,
16151, 26710, 30352, 30370, Penal Code.

Article 2. Ammunition Eligibility Checks: Standard and Basic

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§ 4302. Standard Ammunition Eligibility Check.

(a) As authorized by Penal Code section 30370, subdivision (e), the fee for a Standard
Ammunition Eligibility Check is $1.00.

(b) The ammunition vendor shall collect the purchaser’s or transferee’s name, date of birth,
current address and driver license or other government identification number in the manner
described in Penal Code section 28180, and telephone number, and enter this information into
the DES website.

(c) The Department shall then instruct the ammunition vendor to approve or reject the
purchase or transfer.

(d) If the purchase or transfer is rejected, the ammunition vendor shall provide the purchaser
or transferee with an ATN that can be used to obtain the reason for the rejection.

Note: Authority cited: Section 30370, Penal Code. Reference: Sections 28180, 30352, and
30370, Penal Code.

§ 4303. One-Time Ammunition Transactions.

One-time ammunition purchases or transfers may be completed using a Basic Ammunition

Eligibility Check.

(a) As authorized by Penal Code section 30370, subdivision (c), the fee for a Basic
Ammunition Eligibility Check is $19.00.

(b) The ammunition vendor shall collect the ammunition purchaser’s or transferee’s name,
date of birth, current address, gender, hair color, eye color, height, weight, and driver license or
other government identification number, in the manner described in Penal Code section 28180,
and telephone number, United States citizenship status, federal Alien Registration Number or I-
94 (if applicable), place of birth, alias name(s), race, and enter this information into the DES
website.

(c) The ammunition vendor will provide the purchaser or transferee an ATN to monitor the
status of the Basic Ammunition Eligibility Check through the Department’s CFARS website.

(1) An approved Basic Ammunition Eligibility Check can only be used for one
ammunition purchase or transfer, and the approval expires 30-calendar days from when it is
issued.

(2) If the Basic Ammunition Eligibility Check is denied, the Department shall notify
the purchaser or transferee of the reason for the denial via U.S. Mail.

(d) Upon the Department’s completion of a Basic Ammunition Eligibility Check, the
Department shall update the purchaser’s or transferee’s DES record. The ammunition vendor

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shall deliver the ammunition to the purchaser or transferee only if the status of the Basic
Ammunition Eligibility Check is “Approved.”

Note: Authority cited: Section 30370, Penal Code. Reference: Sections 28180, 30352, and
30370, Penal Code.

Article 3. Purchasing of a Firearm and Ammunition in a Single Transaction

§ 4304. Firearms Eligibility Check.

When an individual is purchasing or transferring a firearm and ammunition in the same

transaction, the Department shall complete a firearms eligibility check before the purchaser or
transferee can take possession of the firearm.

(a) Except as provided in subdivision (b), a purchaser or transferee of a firearm and

ammunition in the same transaction shall only pay the fee for the firearms eligibility check as
prescribed in section 4001 of this title.

(b) If the purchaser or transferee described in Penal Code section 30370, subdivision (a)(1)
or (a)(2) wants to take possession of the ammunition before the Department completes the
firearms eligibility check, the purchaser or transferee shall pay the $1.00 fee for the Standard
Ammunition Eligibility Check or the Department’s COE verification process, and be approved
by the Department prior to taking possession of the ammunition.

Note: Authority cited: Section 30352, Penal Code. Reference: Sections 28220, 30352, 30370,
Penal Code.

Article 4. COE Verification Process

§ 4305. COE Verification Process.

Pursuant to Penal Code section 30370, subdivision (a)(2), the Department shall process a COE
holder’s ammunition purchase or transfer.

(a) As authorized by Penal Code section 30370, subdivision (c), the fee for COE verification
is $1.00.

(b) The ammunition vendor shall collect the ammunition purchaser’s or transferee’s name,
date of birth, current address, and driver license or other government identification number, in
the manner described in Penal Code section 28180, and COE number, and enter the information
into the DES website.
(c) The Department shall then instruct the ammunition vendor to approve or reject the
ammunition purchase or transfer.

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Note: Authority cited: Section 30370, Penal Code. Reference: Section 30370, Penal Code.

Article 5. Ammunition Purchases or Transfers; Exempted Individuals

§ 4306. Ammunition Purchases or Transfers for Exempted Individuals.

(a) The following types of identification will identify an individual who is exempt from
Department approval to purchase or transfer ammunition:

(1) A valid Federal Firearms License.

(2) An authorized law enforcement representative’s written authorization from the

head of the agency authorizing the ammunition purchase or transfer.

(3) A centralized list of exempted federal firearms licensee’s Department issued

certificate indicating the individual is on the centralized list of exempted federal firearms
licensees.

(4) A sworn state, or local peace officer’s credential and verifiable written
certification from the head of the agency.

(5) A sworn federal law enforcement officer’s credential and verifiable written
certification from the head of the agency.

(b) The ammunition vendor shall keep a photocopy of the front and back of the sworn state
or local peace officer’s credential and California Driver License, or a photocopy of the front and
back of a sworn federal law enforcement officer’s business card and driver license. In addition,
the ammunition vendor shall keep the verifiable written certification from the head of the
agency. The verifiable written certification from the head of the agency expires 30 days after
issuance. The ammunition vendor shall make a copy of these records available to the
Department upon request.

(c) Once the ammunition vendor has verified the individual is exempt from Department
approval to purchase or transfer ammunition, the ammunition vendor may process an
ammunition purchase or transfer without Department approval.

Note: Authority cited: Section 30352, Penal Code. Reference: Section 30352, Penal Code.

Article 6. Telephonic Access for Ammunition Vendors

§ 4307. Telephonic Access for Ammunition Vendors.

Ammunition vendors without accessibility to an Internet connection due to their telephone

service provider, or other Internet service providers, not being able to provide access to an
Internet connection at their place of business may acquire telephonic access to the Department,
for the Department to manually determine if a purchaser or transferee is eligible to own or

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possess ammunition. Ammunition vendors seeking telephonic access to the Department shall
complete an Ammunition Vendor (Non-Firearms Dealer) Application for Telephonic Approval,
Form BOF 1020 (Orig. 05/2018), which is hereby incorporated by reference. Telephonic access
to the Department will be available during the Department’s Customer Support Center business
hours.

(a) Ammunition vendors shall acquire documentation from their telephone/Internet service
provider stating that the service provider does not offer Internet service at the ammunition
vendor’s place of business.

(b) After the ammunition vendor has completed the application for telephonic access, the
ammunition vendor shall mail the Ammunition Vendor (Non-Firearms Dealer) Application for
Telephonic Approval, Form BOF 1020 (Orig. 05/2018) and the documentation in paragraph (a)
of this section, to the Department at the following address:

Department of Justice
Bureau of Firearms
P.O. Box 160487
Sacramento, California

(c) The Department shall notify the ammunition vendor via U.S. Mail of the Department’s
determination to approve or deny the Ammunition Vendor (Non-Firearms Dealer) Application
for Telephonic Approval, Form BOF 1020 (Orig. 05/2018).

Note: Authority cited: Section 30370, Penal Code. Reference: Section 30370, Penal Code.

Article 7. Delivery of Ammunition and Billing.

§ 4308. Delivery of Ammunition Following DES Submission.

(a) If the Department approves an ammunition purchase or transfer as described by sections

4302 through 4307 of these regulations, the DES transaction record will change from “Pending”
to “Approved.”

(b) Ammunition may be delivered to the purchaser or transferee only if the status of the DES
transaction record is “Approved.”

(c) At the time of delivery, the ammunition vendor COE holder, authorized associate, or
salesperson shall access the approved DES ammunition transaction by the name of the purchaser
or transferee, and submit the ammunition sale information to record the time and date the
ammunition is delivered.

Note: Authority cited: Section 30370, Penal Code. Reference: Section 30352, and 30370, Penal
Code.

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§ 4309. Billing, Payment, and Suspension for Non-Payment.

(a) Monthly billing statements for the previous month's ammunition eligibility check and
COE verification activity will be delivered electronically via DES to the ammunition vendor’s
account on the first day of each month.

(b) Payment shall be made using a major credit card or debit card. The balance due as
indicated on the monthly billing statement shall be paid in full within 30-days of the billing
statement date (first day of month).

(c) If payment for the previous month's ammunition eligibility check and COE verification
activity is not made within 30 days, the ammunition vendor’s access (all COE holders and
employees) to DES will be suspended until full payment for the past due amount is received.
(d) While suspended, an ammunition vendor will be unable to process or conduct an
ammunition purchase or transfer but will maintain the status as a licensed ammunition vendor.

Note: Authority cited: Section 30370, Penal Code. Reference: Sections 30370, 30385, 30390,
and 30395, Penal Code.

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EXHIBIT 7

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CALIFORNIA DEPARTMENT OF JUSTICE

April 23, 2019

NOTICE OF MODIFICATION TO TEXT OF PROPOSED REGULATIONS,

INITIAL STATEMENT OF REASONS ADDENDUM, AND REVISED
ECONOMIC AND FISCAL IMPACT STATEMENT (STD. 399)

AMMUNITION PURCHASES OR TRANSFERS

[OAL File No. 2018-1204-08]

Updates to Proposed Text

Pursuant to the requirements of Government Code section 11346.8 (c), and section 44 of Title 1 of
the California Code of Regulations, the California Department of Justice (Department) is providing
notice of modification to text of the proposed regulation sections 4301, 4302, 4303, 4304, 4305,
4306, 4307, 4308 and 4309, which were the subject of a public comment period which closed on
January 31, 2019.

Initial Statement of Reasons Addendum

The Initial Statement of Reasons (ISOR) Addendum clarifies the purpose and necessity of the text
of proposed sections 4301, 4302, 4303, 4305 and 4309, as originally noticed.

Economic Fiscal Impact Statement (Std. 399)

The Economic Fiscal Impact Statement (Std. 399) has been revised to provide better information
regarding the ongoing costs to run the program, and the justification for the fees set in the
proposed text.

If you have any comments regarding the proposed changes, the Department will accept written
comments between April 18, 2019 and May 8, 2019. Address written comments to:

Kelan Lowney
Department of Justice
P.O. Box 160487
Sacramento, CA 95816-0487
Email: [email protected] or [email protected]
Fax: (916) 731-3387

All timely comments that specifically pertain to the indicated changes will be reviewed and
responded to by the Department’s staff as part of the compilation of the rulemaking file.
Please limit your comments to the documents identified in this notice.

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EXHIBIT 8

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INITIAL STATEMENT OF REASONS

ADDENDUM
[OAL File No. Z-2018-1204-08]

The following addendum clarifies the specific purpose of proposed sections 4301, 4302, 4303,
4305 and 4309, and the rationale for the determination by the Department of Justice that the
regulation is necessary to carry out the purpose for which it is proposed.

PURPOSE AND NECESSITY

§ 4301. Definition of Key Terms.

Subdivision (a) establishes an initialism that is, itself, a commonly used term. The terms
“AFS” and “Automated Firearms System” are used in these regulations and in Penal Code
section 30370, subdivision (a)(1), which these proposed regulations implement. The definition
is necessary to include, here, to guarantee the clarity of the regulations.

Subdivision (c) establishes an initialism whereby “ATN” means “Ammunition Transaction

Number,” which is the name the Department has given to the unique identifying number
assigned to each request to authorize an ammunition purchase. This name is necessary to
communicate to a potential ammunition purchaser or transferee a key component of the process
implemented by proposed sections 4302(d) and 4303(c).

Subdivision (d) establishes a name for a process that is prescribed by statute, as referenced in
the definition. This process is being named for ease of reference, and to distinguish between the
different types of ammunition eligibility checks. Because the eligibility check conducted
pursuant to Penal Code section 30370, subdivision (c), is largely the same as the usual firearms
eligibility check, the Department has named this eligibility check the “Basic Ammunition
Eligibility Check.”

Subdivisions (e), (i), (o) and (p) establish a name for persons or things that are defined by
statute, as referenced in each definition. The Department has exercised no discretion in defining
these terms. They are necessary to include, here, for ease of reference, and because the terms
are used in these regulations.

Subdivision (f) establishes an initialism that is, itself, a commonly used term. The terms
“CFARS” and “California Firearm Application Reporting System” are used by Penal Code
sections 33850 and 33865 to refer to the system by which members of the public contact the
Department regarding their personal firearms records. The Department has exercised no
discretion in defining these terms. The definitions are necessary to include, here, to guarantee
the clarity of the regulations.

Subdivision (h) establishes the term “Dealer Record of Sale Entry System or DES,” which is a
generally acknowledged term in the industry and is explicitly defined by title 11, chapter 8,
section 4200, of the California Code of Regulations.

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Subdivision (j) establishes a name for a process that is prescribed by statute, as referenced in
the definition. This process is being named for ease of reference. The name chosen by the
Department is self-descriptive. The statutory reference also explains the eligibility check.

Subdivision (k) establishes the meaning of the term “head of agency.” This meaning is
necessary to establish in order to determine who is authorized by Penal Code section 30352,
subdivision (e)(7) as having the authority relevant to sections 4306(a)(4) and (5) of these
regulations. The Department has interpreted the term “head of agency” in the most commonly
accepted manner.

Subdivision (n) establishes a name for a process that is prescribed by statute, as referenced in
the definition. This process is being named for ease of reference, and to distinguish between
types of statutory eligibility checks. Because the Department expects that 98 percent of
ammunition eligibility checks will be conducted pursuant to Penal Code section 30370,
subdivision (a)(1), the Department has named this eligibility check the “Standard Ammunition
Eligibility Check.”

§ 4302. Standard Ammunition Eligibility Check.

Subdivision (a) establishes a fee of $1 per Standard Ammunition Eligibility Check, to recover
the reasonable cost of regulatory and enforcement activities related to Article 4 of Chapter 1 of
Division 10 of Title 4 of Part 6 of the Penal Code. Pursuant to Penal Code section 30370,
subdivision (e), the per-transaction fee may exceed neither $1, nor the reasonable regulatory and
enforcement costs of activities related to the article.

The Department has determined that a $1 fee per Standard Ammunition Eligibility Check is
necessary to recover the reasonable cost of regulatory and enforcement activities.

The Department estimates there will be approximately 13.2 million ammunition purchases or
transfers each year (see the Economic Impact Analysis for how the Department reached this
estimate). Of those 13.2 million purchases or transfers, the Department estimates that
approximately 13 million will come from people who have records in the Automated Firearms
System (AFS). These individuals may be authorized to purchase ammunition subsequent to the
results of a Standard Ammunition Eligibility Check.

There are currently 4.5 million people with distinct entries in the Automated Firearms System.
However, the Department estimates that less than 2/3 of these people are active firearms users.
This is because the oldest records in AFS date back to the year 1900 and likely reflect
individuals who are no longer active firearms users; some people who possess firearms do not
use them regularly, and so do not purchase ammunition regularly; and people who purchase
ammunition at gun ranges are exempt from these regulations per Penal Code section 30352,
subdivision (e)(3). The Department estimates that each person in AFS who is actively engaged
in shooting sports (roughly 3,000,000 persons) will purchase ammunition approximately 4-5
times each year, for an estimate of approximately 13,000,000 million transactions each year that

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will be conducted subsequent to a Standard Ammunition Eligibility Check. At the proposed fee
of $1 per transaction, this equates to a revenue of $13,000,000 each year.

Together with the $950,000 generated by the fee for the Basic Ammunition Eligibility Check
and the $154,000 generated by the fee for the COE Verification (see explanations for these fees
in sections 4303 and 4305, below), the Department projects a revenue of approximately
$14,104,000 each year.

The initial costs of implementing the ammunition authorization program required the
Department to incur a debt of $25 million from the state’s General Fund, as authorized
by Penal Code section 30371. These initial program costs include personal services,
operating expenses and equipment, system enhancements, infrastructure, and other
costs. This debt will need to be repaid, with interest, as stipulated by the authorizing statute.

The Department estimates the ongoing fiscal expenses to implement the entire ammunition
authorization program will be approximately $13 million for the first year, and approximately
$10 million each subsequent year (see STD 399 Attachment A). For fiscal years 2019/20,
2020/21, and 2021/22, the Department will allow for the Ammunition Safety and Enforcement
Special Fund to build a reserve for economic uncertainties. This reserve will also be used to
repay, with interest, the $25 million loan from the state’s General Fund. The Department
projects that it will be able to repay the loan at $3 million each year, beginning FY 2022/2023.

The Department has determined that the most effective way to recover the costs of
implementing the ammunition authorization program, including the cost of repaying the loan
with interest and maintaining a modest reserve, is to set the fee for the Standard Ammunition
Eligibility Check at $1 per transaction.

By fiscal year 2022/23, the Department will have a better estimate for annual revenues based on
actual numbers, and at that time can adjust the fee set by proposed section 4302, subdivision (a).

Subdivision (b) specifies that the purchaser or transferee’s name, date of birth, current address
and driver license or other government identification number must be collected from the
potential purchaser or transferee, and specifies the manner of collecting and transmitting that
information to the Department.

Penal Code section 30370, subdivision (b) requires the Department to match the purchaser’s or
transferee’s “name, date of birth, current address and driver license or other government
information” with “the information in the Automated Firearms System.” The Department has
exercised no discretion in requiring this information from the purchaser or transferee.

The information must be collected in the manner described in Penal Code section 28180
because Penal Code section 30370, subdivision (b) requires that it be collected in that manner.
The Department has exercised no discretion in requiring this. It is necessary to include, here, to
guarantee the clarity of the regulations.

The purchaser or transferee’s telephone number is required by Penal Code section 30352,
subdivision (a)(6), at the time of the delivery of the ammunition. Rather than request personal

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information from the purchaser or transferee at two separate times, the Department has
determined that it would be most efficient to request all of the purchaser or transferee’s personal
information required to complete an ammunition purchase or transfer at this stage of the
process, so that no new personal information will need to be requested at a second stage of the
process. This will streamline the delivery of ammunition as soon as it is approved. The
Department has also determined that gathering the purchaser or transferee’s phone number at
the time of the eligibility check will allow the Department greater ability to verify the
purchaser’s identity, if necessary, and to communicate with the purchaser or transferee, if
necessary.

The Department has determined that the most effective way to conduct the ammunition
authorization program is to require all required information be communicated to the Department
through the DES website, with the notable exemption provided by Penal Code section 30370,
subdivision (d), as implemented by section 4307 of these proposed regulations. Penal Code
section 30370, subdivision (d) implies that the majority of ammunition vendors will submit the
information “electronically.” Pursuant to Penal Code section 30385, subdivision (d), many
firearms dealers are also authorized ammunition vendors. The DES website is already the
established portal through which firearms dealers communicate purchasers’ or transferees’
personal information to the Department for the purpose of firearm eligibility checks. It would
be unduly burdensome for ammunition vendors, and unnecessarily expensive for the
Department to develop and require use of a separate method of communicating purchasers’ or
transferees’ personal information to the Department for the specific purpose of ammunition
eligibility checks.

Subdivision (c) specifies that, subsequent to the submission of information described in

subdivision (b), the Department will communicate to the ammunition vendor the Department’s
determination regarding whether the purchaser or transferee is authorized to purchase
ammunition. This specifies the possible results of the Standard Ammunition Eligibility Check,
and that the Department will communicate the results directly to the ammunition vendor,
thereby providing the ability for the ammunition vendor to comply with Penal Code section
30352, subdivision (d).

Subdivision (d) specifies the process by which a purchaser or transferee may obtain the reason
when a Standard Ammunition Eligibility Check results in a rejection. This subdivision is
necessary to inform individuals who are rejected subsequent to a Standard Ammunition
Eligibility Check that it is possible to obtain a reason for the rejection, and that an ATN can be
used for this purpose, thereby providing transparency to the affected party and allowing for the
individual to challenge the determination, as appropriate. This is only available when a
purchase or transfer is rejected, since an individual who is not rejected would have no use for an
ATN. The subdivision also specifies that it is incumbent upon the ammunition vendor to
provide the ATN to the purchaser or transferee since, pursuant to subdivisions (b) and (c), the
vendor acts as an intermediary between the Department and the purchaser or transferee.

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§ 4303. One-Time Ammunition Transactions.

Subdivision (a) establishes a fee, authorized by Penal Code section 30370, subdivision (c), to
recover the reasonable cost of processing and regulatory and enforcement activities related to
that statute. The authorizing statute allows the Department to set the fee at an amount not to
exceed the fee charged for the Department’s Dealers’ Record of Sale (DROS) process, and not
to exceed the Department’s reasonable costs.

The charge for the DROS process, as set by title 11, chapter 1, section 4001 of the California
Code of Regulations, is $19 per transaction.

The Department has determined that it must set the fee for the Basic Ammunition Eligibility
Check at $19 per transaction in order to recover the Department’s reasonable costs.

The Department estimates there will be approximately 13.2 million ammunition purchases or
transfers each year (see the Economic Impact Analysis for how the Department reached this
estimate). Of those 13.2 million purchases or transfers, the Department estimates that
approximately 154,000 will be made by people who undergo the COE verification process and
13,000,000 million made by people who have an entry in AFS. The Department therefore
estimates that there will be 50,000 purchases made by people who will gain authorization to
purchase ammunition by submitting to the Basic Ammunition Eligibility Check. At the
maximum allowable fee of $19 per transaction, this equates to a revenue of $950,000 each year.

Together with the $13,000,000 generated by the fee for the Standard Ammunition Eligibility
Check and $154,000 generated by the fee for the COE verification (see explanations for these
fees in sections 4302, above, and section 4305, below), the Department projects a revenue of
approximately $14,104,000 each year.

The initial costs of implementing the ammunition authorization program required the
Department to incur a debt of $25 million from the state’s General Fund, as authorized
by Penal Code section 30371. These initial program costs include personal services,
operating expenses and equipment, system enhancements, infrastructure, and other
costs. This debt will need to be repaid, with interest, as stipulated by the authorizing statute.

The Department estimates the ongoing fiscal expenses to implement the entire ammunition
authorization program will be approximately $13 million for the first year, and approximately
$10 million each subsequent year (see STD 399 Attachment A). For fiscal years 2019/20,
2020/21, and 2021/22, the Department will allow for the Ammunition Safety and Enforcement
Special Fund to build a reserve for economic uncertainties. This reserve will also be used to
repay, with interest, the $25 million loan from the state’s General Fund. The Department
projects that it will be able to repay the loan at $3 million each year, beginning FY 2022/2023.

The Department has determined that the most effective way to recover the costs of
implementing the ammunition authorization program, including the cost of repaying the loan
with interest and maintaining a modest reserve, is to set the fee for the Basic Ammunition
Eligibility Check at $19 per transaction.

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By fiscal year 2022/23, the Department will have a better estimate for annual revenues based on
actual numbers, and at that time can adjust the fee set by proposed section 4303, subdivision (a).

Subdivision (b) specifies information that must be collected from the purchaser or transferee,
and the manner of collecting and transmitting that information to the Department.

The purchaser or transferee’s name, date of birth, current address, gender, hair color, eye color,
height, weight, driver license or other government identification number, place of birth, alias
names(s), and race are required so that the Department can conduct the Basic Ammunition
Eligibility Check. Penal Code section 30370, subdivision (c) requires the Department to
“develop a procedure in which a person who is not prohibited from purchasing or possessing
ammunition may be approved” to purchase or receive possession of ammunition. Because,
pursuant to Penal Code section 30305, no person prohibited from owning or possessing a
firearm, as specified, shall own or possess ammunition, the Department has determined that the
most effective way to implement Penal Code section 30370, subdivision (c) is to conduct an
ammunition eligibility check that mirrors the processes and procedures of a firearms eligibility
check, with the exception of the check of federal databases. That exception aside, a firearms
eligibility check requires the aforementioned personal information in order to verify the
person’s identity and to check records accessible by the Department, and therefore the
Department has determined that the most effective method of conducting a Basic Ammunition
Eligibility Check is to require the same information from an ammunition purchaser or
transferee.

The information must be collected in the manner described in Penal Code section 28180
because this is the most efficient method of accurately collecting the information required.
Pursuant to Penal Code section 30385, subdivision (d), many firearms dealers are also
authorized ammunition vendors. These firearms dealers are already required by Penal Code
section 28180 to collect purchaser information in that manner, for the purpose of firearm
eligibility checks. This is also the manner prescribed by Penal Code section 30370, subdivision
(b), for collecting personal information for the Standard Ammunition Eligibility Check. It
would be unduly burdensome for ammunition vendors, and unnecessarily expensive for the
Department to develop and require use of a separate method to accurately collect and
communicate purchasers’ or transferees’ personal information to the Department for the specific
purpose of ammunition eligibility checks.

The purchaser or transferee’s United States citizenship status, and federal Alien Registration
Number or I-94 (if applicable), are also required so that the Department can conduct the Basic
Ammunition Eligibility Check. Penal Code section 30370, subdivision (c), requires the
Department to develop a procedure in which “a person who is not prohibited from purchasing or
possessing ammunition may be approved...” It is ambiguous whether “a person who is not
prohibited” refers to a person who is only “not prohibited” by state law, or also to persons not
prohibited by federal law. For example, title 18, section 922(g) of the federal Gun Control Act
makes it unlawful for individuals meeting specified criteria (“prohibitors”) to possess a firearm
or ammunition. The Department has determined that it would be counter to the legislative
intent under SB 1235 for the Department to approve purchases of ammunition by individuals
who may be prohibited from doing so under either state or federal law. The two other methods
of obtaining authorization from the Department to purchase ammunition pursuant to Penal Code

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section 30370 both involve a check of federal prohibitors. The Standard Ammunition
Eligibility Check requires the individual to not be prohibited from owning or possessing
ammunition by cross-referencing the Prohibited Armed Persons File database which, pursuant
to Penal Code section 30005, explicitly includes individuals who are prohibited from firearms
and ammunition possession by federal law. Similarly, a Certificate of Eligibility is issued upon
a determination by the Department that the individual is not prohibited by state or federal law
from possessing, receiving, owning, or purchasing a firearm or, by extension, ammunition (see
Penal Code section 26710, subdivision (b)). The Department has determined it will not affirm
that an individual is authorized to purchase ammunition if the individual is prohibited under
federal law, and therefore that the Basic Ammunition Eligibility Check should likewise consider
federal prohibitors on ammunition possession. However, because the Department is not
permitted to use the federal National Instant Criminal Background Check System (NICS) for the
purpose of ammunition eligibility checks, the Department has determined that the most efficient
method of ensuring that a person is not prohibited to purchase ammunition under federal law is
to require the ammunition vendor to collect the purchaser or transferee’s United States
citizenship status, and federal Alien Registration Number or I-94 (if applicable), and to report
this information to the Department.

The purchaser or transferee’s telephone number is required by Penal Code section 30352,
subdivision (a)(6), at the time of the delivery of the ammunition. Rather than request personal
information from the purchaser or transferee at two separate times, the Department has
determined that it would be most efficient to request all of the purchaser or transferee’s personal
information required to complete an ammunition purchase or transfer at this stage of the
process, so that no new personal information will need to be requested at a second stage of the
process. This will streamline the delivery of ammunition as soon as it is approved. The
Department has also determined that gathering the purchaser or transferee’s phone number at
the time of the eligibility check will allow the Department to verify the purchaser’s identity, if
necessary, and to communicate with the purchaser or transferee, if necessary.

The Department has determined that the most effective way to conduct the ammunition
authorization program is to require all required information be communicated to the Department
through the DES website, with the notable exemption provided by Penal Code section 30370,
subdivision (d), as implemented by section 4307 of these proposed regulations. Penal Code
section 30370, subdivision (d) implies that the majority of ammunition vendors will submit the
information “electronically.” Pursuant to Penal Code section 30385, subdivision (d), many
firearms dealers are also authorized ammunition vendors. The DES website is already the
established portal through which firearms dealers communicate purchasers’ or transferees’
personal information to the Department for the purpose of firearm eligibility checks. It would
be unduly burdensome for ammunition vendors, and unnecessarily expensive for the
Department to develop and require use of a separate method of communicating purchasers’ or
transferees’ personal information to the Department for the specific purpose of ammunition
eligibility checks.

Subdivision (c)(1) specifies that an approved Basic Ammunition Eligibility Check can only be
used for one purchase. Penal Code section 30370, subdivision (c) mandates that the procedure
being developed by this proposed regulation will provide an approval “for a single ammunition
transaction or purchase.” The Department has determined that it is necessary to duplicate the

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statutory provision in the regulation so as to provide clarity regarding the practical usefulness of
a Basic Ammunition Eligibility Check.

This subdivision also specifies that the approval expires 30 calendar days from when it is
issued. During the Basic Ammunition Eligibility Check, the Department conducts a review of
its records to determine if an individual is eligible to own or possess ammunition; the review is
based on information retrieved at that point in time. To ensure the Department bases its
determinations on the most current information, eligibility checks are only valid for 30 days.
After 30 days, a new eligibility check must be conducted to ensure that nothing has transpired
that would prohibit an individual from owning or possessing ammunition.

Subdivision (c)(2) specifies that if the Basic Ammunition Eligibility Check is denied, the
Department will notify the purchaser or transferee of the reason for the denial via U.S. mail. It
is necessary to communicate the reason for the denial via U.S. mail because this reason will
have been determined through a review of the records available to the Department, and by
referring to those records the communication may contain sensitive personal information.
Providing the reason for the denial via U.S. mail rather than, for instance, via email or through
an internet portal such as CFARS, ensures the security and confidentiality of the
communication, while also providing transparency to the denied individual as to the reason for
the Department’s determination.

Subdivision (d) specifies the manner in which the Department will communicate the result of
the potential purchaser or transferee’s request. The Department has determined that the most
effective way to communicate its determination to the vendor and to the potential purchaser or
transferee is through the DES website. Pursuant to Penal Code section 30385, subdivision (d),
many firearms dealers are also authorized ammunition vendors. The DES website is already the
established portal through which the Department communicates determinations on firearm
eligibility checks to firearms dealers, regarding potential firearms purchasers or transferees. It
would be unduly burdensome for ammunition vendors, and unnecessarily expensive for the
Department to develop a separate method of communicating the Department’s determination to
ammunition vendors for the purpose of ammunition eligibility checks. By specifying that the
determination will be communicated via the DES website, the result will be communicated
directly to the ammunition vendor, thereby providing the ability for the ammunition vendor to
comply with Penal Code section 30352, subdivision (d).

§ 4305. COE Verification Process.

Subdivision (a) establishes a fee of $1 per request for a Certificate of Eligibility (COE)
verification for the purpose of gaining authorization to purchase or transfer ammunition, to
recover the reasonable cost of regulatory and enforcement activities related to Article 4 of
Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code. Pursuant to Penal Code section
30370, subdivision (e), the per-transaction fee may exceed neither $1, nor the reasonable
regulatory and enforcement costs.

The Department has determined that a $1 fee per COE verification is necessary to recover the
reasonable cost of regulatory and enforcement activities.

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The Department estimates there will be approximately 13.2 million ammunition purchases or
transfers each year (see the Economic Impact Analysis for how the Department reached this
estimate). Of those 13.2 million purchases or transfers, the Department estimates that
approximately 154,000 will be made by people who undergo the COE verification process.

There are currently 22,000 people who hold a COE. Persons who hold a COE are likely to be
actively engaged in shooting sports, and so the Department estimates that all COE holders will
purchase ammunition in any given year (i.e., all 22,000 COE holders), and at a rate higher than
most casual firearms enthusiasts. The Department estimates that COE holders will purchase
ammunition approximately seven (7) times each year, for an estimate of 154,000 transactions
each year. At the maximum allowable fee of $1 per transaction, this equates to a revenue of
$154,000 each year.

Together with the $13,000,000 generated by the fee for the Standard Ammunition Eligibility
Check and the $950,000 generated by the fee for the Basic Ammunition Eligibility Check, the
Department projects a revenue of approximately $14,104,000 each year.

The initial costs of implementing the ammunition authorization program required the
Department to incur a debt of $25 million from the state’s General Fund, as authorized
by Penal Code section 30371. These initial program costs include personal services,
operating expenses and equipment, system enhancements, infrastructure, and other
costs. This debt will need to be repaid, with interest, as stipulated by the authorizing statute.

The Department estimates the ongoing fiscal expenses to implement the entire ammunition
authorization program will be approximately $13 million for the first year, and approximately
$10 million each subsequent year (see STD 399 Attachment A). For fiscal years 2019/20,
2020/21, and 2021/22, the Department will allow for the Ammunition Safety and Enforcement
Special Fund to build a reserve for economic uncertainties. This reserve will also be used to
repay, with interest, the $25 million loan from the state’s General Fund. The Department
projects that it will be able to repay the loan at $3 million each year, beginning FY 2022/2023.

The Department has determined that the most effective way to recover the costs of
implementing the ammunition authorization program, including the cost of repaying the loan
with interest and maintaining a modest reserve, is to set the fee for the COE Verification at $1
per transaction.

By fiscal year 2022/23, the Department will have a better estimate for annual revenues based on
actual numbers, and at that time can adjust the fee set by proposed section 4305, subdivision (a).

Subdivision (b) specifies the information that must be collected to verify that the purchaser or
transferee holds a current COE, and the manner of collecting and transmitting that information
to the Department so that the Department can verify that the COE is “current” and therefore
approve the purchase or transfer pursuant to Penal Code section 30370, subdivision (a)(2).

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The purchaser or transferee’s name, date of birth, current address and driver license or other
government identification number must be collected so that the Department can verify the
purchaser or transferee’s identity.

The information must be collected in the manner described in Penal Code section 28180
because this is the most efficient method of accurately collecting the information required.
Pursuant to Penal Code section 30385, subdivision (d), many firearms dealers are also
authorized ammunition vendors. These firearms dealers are already required by that Penal Code
section to collect purchaser information in that manner, for the purpose of firearm eligibility
checks. This is also the manner prescribed by Penal Code section 30370, subdivision (b), for
collecting personal information for the Standard Ammunition Eligibility Check. It would be
unduly burdensome for ammunition vendors, and unnecessarily expensive for the Department to
develop and require the use of a separate method of accurately collecting and communicating
purchasers’ or transferees’ personal information to the Department for the specific purpose of
the COE Verification.

The purchaser or transferee’s COE number must be collected so that the Department can cross-
reference its records to verify that the COE is “current.”

The purchaser or transferee’s telephone number is required by Penal Code section 30352,
subdivision (a)(6), at the time of the delivery of the ammunition. Rather than request personal
information from the purchaser or transferee at two separate times, the Department has
determined that it would be most efficient to request all of the purchaser or transferee’s personal
information required to complete an ammunition purchase or transfer at this stage of the
process, so that no new personal information will need to be requested at a second stage of the
process. This will streamline the delivery of ammunition as soon as it is approved. The
Department has also determined that gathering the purchaser or transferee’s phone number at
the time of the eligibility check will allow the Department to verify the purchaser’s identity, if
necessary, and to communicate with the purchaser or transferee, is necessary.

The Department has determined that the most effective way to conduct the ammunition
authorization program is to require all required information be communicated to the Department
through the DES website, with the notable exemption provided by Penal Code section 30370,
subdivision (d), as implemented by section 4307 of these proposed regulations. Penal Code
section 30370, subdivision (d) implies that the majority of ammunition vendors will submit the
information “electronically.” Pursuant to Penal Code section 30385, subdivision (d), many
firearms dealers are also authorized ammunition vendors. The DES website is already the
established portal through which firearms dealers communicate purchasers’ or transferees’
personal information to the Department for the purpose of firearm eligibility checks. It would
be unduly burdensome for ammunition vendors, and unnecessarily expensive for the
Department to develop and require use of a separate method of communicating purchasers’ or
transferees’ personal information to the Department for the specific purpose of the COE
Verification.

Subdivision (c) specifies that, subsequent to the submission of information described in

subdivision (b), the Department will communicate to the ammunition vendor the Department’s
determination regarding whether the purchaser or transferee is authorized to purchase

Page 10 of 11

103
Case 3:18-cv-00802-BEN-JLB Document 33 Filed 07/22/19 PageID.701 Page 114 of 135

ammunition. This specifies the possible results of the COE Verification, and that the
Department will communicate the results directly to the ammunition vendor, thereby providing
the ability for the ammunition vendor to comply with Penal Code section 30352, subdivision
(d).

§ 4309. Billing, Payment, and Suspension for Non-Payment.

Subdivision (a) specifies how an ammunition vendor is billed by the Department. The
Department has determined that the most effective way to bill an ammunition vendor is to
deliver the bill through the DES website. Pursuant to Penal Code section 30385, subdivision
(d), many firearms dealers are also authorized ammunition vendors. The DES website is already
the established portal through which bills are delivered to firearms dealers, to provide payment
for firearm eligibility checks. It would be unduly burdensome for ammunition vendors, and
unnecessarily expensive for the Department to develop and require the use of a separate method
of communicating billing statements to the ammunition vendor.

Subdivision (c) specifies consequences for non-payment within 30 days. The Department has
determined that there must be a consequence for non-payment, in order to incentivize timely
payment. Thirty days is a standard length of time to allow for payments to be made. The
Department has determined that suspending access to DES is the most effective way to
incentivize payment, as ammunition vendors would want sustained access to DES in order to
continue to legally sell ammunition.

Page 11 of 11

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EXHIBIT 9

105
 Case 3:18-cv-00802-BEN-JLB Document 33 Filed 07/22/19 PageID.703 Page 116 of 135
STATE OF CALIFORNIA- DEPARTMENT OF FlNANCE
ECONOMIC AND FISCAL IMPACT STATEMENT
(REGULATIONSAND ORDERS)
STD. 399 (REV 12/2013)

ECONOMIC IMPACT STATEMENT

DEPARTMENT
NAME CONTACT
PERSON "MAILADDRESS TELEPHONE
NUMBER
Justice Kelan Lowney [email protected] 916-227-7615
OESCRIPTIVETm.E
FROMNOTICE
REGISTER
ORFORM400 NOTICE
FILENUMBER
Ammunition Purchasesor Transfers Z 2018-1204-08
A. ESTIMATEDPRIVATESECTORCOSTIMPACTS Includecalcufationsand assumptionsin the rufemaklngrecord.

1. Checkthe appropriate box(es)below to Indicatewhether this regulation:

[8] a. Impactsbusiness and/or employees D
e. Imposes reporting requirements
[8Jb. Impacts smallbusinesses D f. ImposesprescriptiveInsteadof performance
D c. ImpactsJobs or occupations ~ g. ImpactsIndividuals
D d. ImpactsCaliforniacompetitiveness D h. None of the above (Explainbelow):

If any box;,, Items 1 a tl,ro11ghg is checked, complete tit is Economic Impact Statement.
If box;,, Item 1.1,.is checked, complete the Fiscal Impact Stateme,rt as appropriate.
Department of Justice
2. The ----~------------- estimates that the economic Impact of this regulation (whichIncludesthe flscalImpact) ls:
(Agency/Department)
D Below$1Omillion
D Between S1Oand $25mllllon
~ Between $25 and $50 million
D Over $50mlllfon[If the economicImpactIsover$50miff/on,agenciesare requiredto submit a scandQfdfzed,fkgu/atwxJmD«t,Assemnenr
as specifiedIn GovernmentCodeSection11346.3(c}J

3. Enterthe total number of businesses Impacted: Approx. 2600

Describethe types of businesses (Includenonprofits):Firearms dealers and businesses that sell ammunition to the public.
Enterthe number or percentage of total
businesses impacted that are smallbusinesses: Approx.60%

4. Enterthe number of businesses that wtJIbe created: Unknown eliminated: Unknown

Explain: These regulations onl y ap ply to the sale or transfer of ammunition.

S. Indicatethe geographic extent of Impacts: ~ Statewide

D Localor reglonal(Listareas):-- - ------- - -------- - -

6. Enterthe number of Jobs created! Unkn own and eliminated: Unknown

Describethe types of Jobs or occupations Impacted: Individuals that own or operate an ammunition vendor business within the state
of California.

7. Will the regulation affect the ablllty of Californiabusinesses to compete with

other states by makingIt more costly to produce goods or serviceshere? D YES [8j NO
IfYES,explain briefly:

106• PAGE 1
 Case 3:18-cv-00802-BEN-JLB Document 33 Filed 07/22/19 PageID.704 Page 117 of 135
STATEOF CALIFORNIA- DEPARTMENT
OF FINANCE
ECONOMIC AND FISCAL IMPACT STATEMENT
(REGULATIONS AND ORDERS)
STD. 399(REV 12/2013)
ECONOMIC IMPACT STATEMENT (CONTINUED)
B. ESTIMATED
COSTS Includecalculationsand assumptionsIn the rulemaklngrecord.

1. What are the total statewide dollar costs that businesses and lndlvldualsmay Incur to comply with this regulation over Its 11fetlme7S Undetermined

a. Initialcosts for a small business: SSee Attachment A Annual ongoing costs: S See Attachment A Years:N/A
-----
b. Initialcosts for a typical business: s See Attachment A Annual ongoing costs: S See Attachment A Years:N/A
-----
c. Initialcosts for an l~dlvfdual: sSee Attachment
A Annual ongoing costs: SSee Attachment A Years:N/A
----------
d. Describeother economic costs that may occur: See Attachment A.
-----
---------------------------------
2. Ifmultiple Industries are Impacted, enter the share of total costs for each Industry: N/A
------------------------
3. If the regulation Imposes reporting requirements, enter the annual costs a typical business may Incur to comply with these requirements.
Includethedollarcoststo do programming,recordkeeping,reporting,andotherpaperwork,whetheror not thepaperworkmustbesubmitted. SN/A
------
4. WIiithis regulation directly Impact housing costs? D YES ~NO
IfYES,enter the annual dollar cost per housing unit. S
-----------
Number of units:
S. Arethere comparable Federal regulations? DYES ~NO -----------
Explainthe need for State regulation given the existence or absence of Federal regu latlons: The proposed regulations are necessary to allow

the De p artment to authorize an individual to purchase or transfer ammunition as authorized by Penal Code section 30370.
Enter any additional costs to businesses and/or Individualsthat may be due to State · Federal differences: S N/ A
-----------
C. ESTIMATED
BENEFITSEstimationof the dollar valueof benefitsisnot specificallyrequiredby rulemakinglaw, but encouraged.

1. Brieflysummarize the benefits of the regu latlon, which may Include among others, the
health and welfare ofCalffornlaresidents, worker safety and the State's environment. These re g ulations will increase public safety

throughout the state of California by preventin g convicted felons, the dangerousl y mentall y ill, and other prohibited

p ersons from acquirin g ammunition.

2. Are the benefits the result of: [8l specificstatutory requirements, or D goals developed by the agency based on broad statutory authority?
Explain:Pursuant to Penal Code sections 30352 and 30370, the DOJ is authorized to establish re g ulations.

3. What are the total statewide benefits from this regulatlon over Its llfetlme7 S Undetermined

4. Brrenydescribe any expansion of businesses currently doing business within the State of Californiathat would result from this regulation: Unknown

D. ALTERNATIVES
TOTHEREGULATION
Includecalculationsand assumptionsIn the rulemaklngrecord.Estfmatfonof the dollar valueof benefitsIs not
specificallyrequiredby rufemakinglaw, but encouraged.

1. Listalternatives considered and describe them below. Ifno alternatives were considered, explafn why not; No alternatives were considered

because p ursuant to Penal Code section 30370, subdivision (c) and (e), the Department is statutorily mandated to collect a

reasonable fee to cover the cost of re g ulatory and enforcement activities.

107 PAGE-2
 Case 3:18-cv-00802-BEN-JLB Document 33 Filed 07/22/19 PageID.705 Page 118 of 135
STATEOF CALIFORNIA- DEPARTMENT
OF FINANCE
ECONOMIC AND FISCAL IMPACT STATEMENT
(REGULATIONS AND ORDERS)
STD, 311!1
(REV 12/2013)
ECONOMIC IMPACT STATEMENT (CONTINUED)
2. Summarize the total statewide costs and benefits from this regulation and each alternative considered:

Regulation: Benefit: s Unquantifiable Cost: $ Undetermined

Alternative1: Benefit: $
-------N/A Cost: S N/A
-------
AIte rnatIve 2: Benefit: $
-------N/A Cost: $ N/A
-------
3. Brieflydiscussany quantificationIssuesthat are relevantto a comparison
of estimated costs and benefits for this regulation or alternatives : _N...I_A______________ _ _______ _ __ _

4. RulemaklngJaw requires agencies to consider performance standards as an alternative, lfa

regulation mandates the use of specific technologies or equipment, or prescribes specific
actions or procedures. Were performance standards considered to lower compliance costs? 181
YES

Explain:Other methods of providing information to DOJwere considered but it was determined that requiring the use of
the DealerRecordof Sale(DROS)Entry Systemwas the best option since the majority of dealersand vendors already use&

E. MAJORREGULATIONS
Include cafcu/ations and assumptions in the rulemokfng record,

California Enviro11me11tal
ProtectionAgem:y (CaVEPA)boards, offices and departmentsare req11iredto
s11bmitthefollowing (per Health and Safety Codesection 57005).Otl,erwise,skip to E4.
1. Willthe estimated costs of this regulation to Californiabusiness enterprises exceed $10 mllllon?O YES 181
NO

If YES, complete El. and EJ

If NO, skip to E4
2. Brieflydescribe each alternative, or combination of alternatives, for which a cost-effectivenessanalysiswas performed:
Alternative1:

AIternat ive 2:
----- -- ---------------- -- ------- - ---------
----------- - -------------------------
(Attachadditionalpagesfor other alternatives)
-- ---
3. Forthe regulation, and each alternative just described, enter the estimated total cost and overallcost-effectiveness ratio:
Regulation: Total Cost $ __________ _ Cost-effectivenessratio: $
Alternative1: TotalCost $
-----------
-----------
AIte rnat ive 2: Total Cost S__________ _
Cost-effectIvenes s ratio: $ -----------
Cost-effectivenessratio: S
-----------
4.Willthe regulation subject to OALreview have an estimated economic impact to business enterprises and Indlvidualslocated in or doing business in California
exceeding $50 mllllonin any 12-month period between the date the major regulation Is estimated to be filed with the Secretaryof State through 12 months
after the major regulation Is estimated to be fullyImplemented?
DYES 181
NO
agenciesore requiredto submita Standmdi.mtBtgidoto,ylmpa;crdu:cnmmt
If YES, iSRIAJ
asspecifiedin
GovernmentCodeSection11346.J(c)and to Includethe SRfAIn the Initial Statementof Reasons.

5. Brieflydescribe the following:

The Increaseor decrease of Investment In the State: ____ _ ________ _ N
_o_n_e_e_x_.p_e_c_t_e_d___ _ _________ _

The incentivefor Innovation in products, materialsor processes: Unknown

------------------------------
The benefits of the regulations, Including,but not limitedto, benefits to the health, safety, and welfare of California
residents, workersafety, and the state's environment and qualityof life,among any other benefits Identified by the agency:

Increasedpublic safety as specified in the responseto question Cl on the previous page.

-----------
108 PAGE3
 Case 3:18-cv-00802-BEN-JLB Document 33 Filed 07/22/19 PageID.706 Page 119 of 135
STATEOF CALIFORNIA-DEPARTMENT OF FINANCE
ECONOMIC AND FISCAL IMPACT STATEMENT
(REGULATIONS ANO ORDERS}
STD.399 (REV 12/2013}
FISCAL IMPACT STATEMENT
A. FISCAL
EFFECT
ONLOCAL
GOVERNMENT
fndfcareappropriateboxes1 through 6 and attach cafcularfonsand assumptionsof fiscalimpact for the
currenryearand two subsequentFiscalYears.

O 1. Additlonalexpenditures inthe current State FiscalYearwhich are reimbursableby the State. (Approximate)
(Pursuant to Section 6 of ArticleXIIIBof the CaliforniaConstitutionand Sections17500et seq. of the GovernmentCode).

s
0 a. Funding provided in

Budget Actof________ _ or Chapter______ , Statutes of______ _

0 b. Fundingwillbe requested In the Governor'sBudgetActof

FiscalYear:
.._-------
O 2. Additionalexpenditures In the current State FlscalVearwhichare NOTreimbursableby the State. (Approximate)
(Pursuantto Section 6 of ArticleXIIIB of the CaliforniaConstitutionand Sections 17500et seq. of the GovernmentCode).
$ ____________ _

Checkreason(s)this regulation Isnot reimbursableandprovidethe appropriateinformation:

0 a. Implementsthe Federalmandate contained In

0 b. Implements the court mandate set forth by the ______________________ Court.

Caseof:__________________ vs. --------- -- -------

0 c. Implements a mandate of the people of this State expressed In their approval of PropositionNo.

Date of Election:_________________ _

0 d. Issued only in response to a specificrequest from affected localentity(s).

Localentity{s)affected:·--------------------------------------

0 e. Willbe fullyfinanced from the fees, revenue, etc. from:

------------------------------
Authorized by Section:___________ ofthe -------------- Code;

0 f. Providesfor savingsto each affected unit of localgovernment which will,at a minimum,offset any additional costs to each;

0 g. Creates,eliminates,or changes the penalty for a new crimeor Infractioncontained in

0 3. Annual Savings.(approximate)

$ ____________ _

0 4. Noadditionalcostsor savings.Thisregulationmakes onlytechnical,non-substantiveor clarlfylngchangesto current lawregulations.

lgJS. Nofiscalimpactexists.Thisregulationdoes not affectany localentity or program.

0 6. Other. Explain

109 PAGE4
 Case 3:18-cv-00802-BEN-JLB Document 33 Filed 07/22/19 PageID.707 Page 120 of 135
STATEOF CALIFORNA - DEPARTMENT
OF FINANCE
ECONOMIC AND FISCAL IMPACT STATEMENT
(REGULATIONS AND ORDERS)
STD, 399(REV. 12/20131
FISCAL IMPACT STATEMENT(CONTINUED)
B. FISCALEFFECTON STATEGOVERNMENTIndicateappropriateboxes1 through4 and attach calculationsand assumptionsof fiscalImpactfor the current
yearand two subsequentFiscalYears.

1811.
Additionalexpendltures In the current State FiscalYear.(Approximate)

$ $12,844,697

ft Isanr/clpatedthat State agenciesw/11:

D a. Absorbthese additionalcosts withintheir existing budgets and resources.

D b. Increasethe currentlyauthorized budget levelfor the _________ FiscalYear

D 2. SavingsIn the current State FiscalYear.(Approximate)

$ ____________ _

D 3. NoflscalImpactexists. Thisregulationdoes not affectany Stateagency or program.

181
4. Other. Explain SeeAttachment A

C. FISCALEFFECTON FEDERALFUNDINGOF STATEPROGRAMSIndicateappropriateboxes1 through4 and attach calculationsand assumptionsof fiscal

impact for the currentyear and two subsequentFiscalYears.

D 1. Additionalexpendltures In the current State FiscalYear.(Approximate)

s ____________ _
D 2. Savingsin the current State FiscalVear. (Approximate)
$ ____________ _

181
3. NofiscalImpactexists. Thisregulationdoes not affectany federallyfunded Stateagencyor program.

D 4. Other. Explain

FISCAL
OFFICER
SIGNATURE

The signature attests that the agency has completedthe STD. 399 accordingto the instn,ctions in SAM sections 660/-6616, and understands
the impacts of the proposed rolemaking. State boards, offices, or departmentsnot underan Agency Secretarymust have theform signed by the
hi hest rankin o 1cialin the or 'Onization .
AGENCY
SECRETARY DATE

Finance approvaland signature is requiredwhen SAM sections660/-66/6 require completionof Fiscal Impact Statement in the STD. 399.
DEPARTMENT
OF FINANCE
PROGRAM
BUDGET
MANAGER DATE

110 PAGES
Case 3:18-cv-00802-BEN-JLB Document 33 Filed 07/22/19 PageID.708 Page 121 of 135

ATTACHMENT A
Ammunition Purchases or Transfers
Economic and Fiscal Impact Statement (Regulations and Orders)
STD. 399

Economic Impact Statement, Section B. Question 1.

These regulations will have an economic impact on both businesses and individuals.

Business Costs
The implied economic costs for businesses that sell ammunition come from the processing time of the
Standard Ammunition Eligibility Check. The Department estimates that it will take approximately two
minutes to process a Standard Ammunition Eligibility Check or Certificate of Eligibility (COE)
verification, so the direct costs for an ammunition vendor can be derived from taking the approximate
two-minute processing time and multiplying it by the 13 million transactions while valuing ammunition
vendor staff time at $11 per hour. In total, the annual direct cost for ammunition vendors to process
these transactions is $4,766,667. The initial and ongoing costs to small businesses is 60 percent of
$4,766,667, or $2,860,000. The total number of firearms dealers and ammunition vendors is 2,600, and
the Department estimates 60 percent of those vendors are small businesses. The initial and ongoing
costs to a typical business is 40 percent of $4,766,667, or $1,906,667.

Individual Costs
The projected cost for an individual depends on how many ammunition purchases the person makes and
whether the person undergoes a Standard Ammunition Eligibility Check, Basic Ammunition Eligibility
Check, or COE verification. The per-transaction cost for the Standard Ammunition Eligibility Check or
COE verification is $1.00. The cost for a Basic Ammunition Eligibility Check is $19.00.
In addition, ammunition purchasers will have implied costs from the processing time of the Standard
Ammunition Eligibility Check. Ammunition purchaser time is valued in the same manner as
ammunition vendors, so the annual direct cost for ammunition purchasers is an estimated total of
$4,766,667.
Ultimately, the cost to an individual depends on the number of ammunition transactions the person
makes in a year. If an individual elects to purchase all their ammunition for the entire year at once, his
or her cost will only be $1 or $19, depending on the type of check the person has to undergo.
Total Economic Impact Projections
Type of Direct Cost Frequency Unit Cost Direct Cost
Standard Ammunition Eligibility Check 13 million $1 $ 13,000,000
COE Verification 154,000 $1 $ 154,000
Basic Ammunition Eligibility Check 50,000 $19 $ 950,000
Vendor Staff Time 13,154,000 x 2 minutes $11 per hour $ 4,819,833
Purchaser Time 13,154,000 x 2 minutes $11 per hour $ 4,819,833
Total Direct $ 23,743,666
Cost:
Page 1 of 3

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Case 3:18-cv-00802-BEN-JLB Document 33 Filed 07/22/19 PageID.709 Page 122 of 135

Fiscal Impact Statement, Section B. Question 1.

Fiscal Effect on State Government

The initial costs of implementing the ammunition authorization program required the Department to
incur a debt of $25,000,000 from the state’s General Fund, as authorized by Penal Code section
30371. These initial program costs include personal services, operating expenses and equipment, system
enhancements, infrastructure, and other costs. This debt will need to be repaid, with interest, as
stipulated by the authorizing statute.
The Department estimates the annual fiscal expenses will be higher the first year, but will level out to
$9,886,506 per year thereafter, as seen in the chart below.
Additionally, the Department estimates the annual fee revenues will be $14,104,000 per year. This
calculation is based on an estimated 13 million Standard Ammunition Eligibility Checks, 154,000 COE
verifications, and 50,000 estimated Basic Ammunition Eligibility Checks.
Fiscal Impacts on State Government
Type of Cost FY 19/20 FY 20/21 FY 21/22 FY 22/23 FY 23/24
Loan balance ($25,000,000) ($25,000,000) ($25,000,000) ($22,000,000) ($19,000,000)
Annual fiscal expenses $12,844,697 $9,886,506 $9,886,506 $9,886,506 $9,886,506

Repayment of Loan $0 $0 $0 $3,000,000 $3,000,000

Annual fee revenues $14,104,000 $14,104,000 $14,104,000 $14,104,000 $14,104,000

Net Balance - $23,740,697 - $19,523,203 - $15,305,709 - $14,088,215 - $12,870,721

For fiscal years 19/20, 20/21, and 21/22, the Department will allow for the fund to build a reserve for
economic uncertainties. This reserve will also be used to repay the General Fund loan that was
authorized to the Department for implementation of the ammunition authorization program. By fiscal
year 22/23, the Department will have a better estimate for annual revenues based on actual numbers, and
at that time can adjust the fee accordingly. Additionally, depending on the stability of the fund and
revenue trends, the Department may begin paying back the loan in fiscal year 22/23. Please note:
although the chart above indicates payments will be made in increments of $3 million, the payment
amount will depend on the stability of the fund and revenue trends.
Furthermore, these fiscal and economic estimates do not account for potential reductions in ammunition
purchases due to individuals being prohibited because, in the Department’s experience, often times
individuals do not know they are prohibited until they attempt to purchase a firearm (and now
ammunition.) The individual will pay the fee up front because all of the work will still be performed
with the result being a denial upon finding an individual is prohibited.
Salaries are based on costs for both the Department’s Bureau of Firearms (BOF) and California Justice
Information Services division (CJIS). Resulting from the ammunition legislation, BOF has 59 new
positions that are responsible for promulgating regulations, reviewing mental health and Automated
Firearms System records, processing applications for Certificates of Eligibility, performing checks for
the Basic Ammunition Eligibility Check, providing training to firearms dealers and ammunition
vendors, inspecting firearm dealers and ammunition vendors, and enforcing ammunition laws.
Page 2 of 3

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Case 3:18-cv-00802-BEN-JLB Document 33 Filed 07/22/19 PageID.710 Page 123 of 135

The 14 new positions for CJIS are responsible for project planning, systems enhancements for multiple
firearms systems, testing of the system enhancements, and ongoing maintenance of systems.
The annual fiscal expenses are broken down in the following chart.
Year-to-Year Costs of Implementing the Ammunition Program
Annual Fiscal Expenses
PROJECTED FISCAL DETAIL EXPENDITURES FY 19-20 FY 20-21 FY 21-22 FY 22-23 FY 22-23

PERSONAL SERVICES
Salaries $5,839,347 $4,515,371 $4,515,371 $4,515,371 $4,515,371
Staff Benefits $2,167,604 $2,146,682 $2,146,682 $2,146,682 $2,146,682
Total Personal Services $8,006,951 $6,662,053 $6,662,053 $6,662,053 $6,662,053

OPERATING EXPENSES & EQUIPMENT

Standard Complement $1,081,720 $1,028,570 $1,028,570 $1,028,570 $1,028,570
Departmental Services $154,079 $154,079 $154,079 $154,079 $154,079
Total Operating Expenses & Equipment $1,235,799 $1,182,649 $1,182,649 $1,182,649 $1,182,649

OTHER COSTS
Credit Card Processing Fees - First Data and
American Express Contracts $1,679,500 $1,679,500 $1,679,500 $1,679,500 $1,679,500
System Maintenance/Record Keeping and
Storage $442,485 $362,304 $362,304 $362,304 $362,304
Total Other Costs $2,121,985 $2,041,804 $2,041,804 $2,041,804 $2,041,804

System Enhancements
AFS Database & Develop APRF Database $0 $0 $0 $0 $0
APPS Enhancements $873,448 $0 $0 $0 $0
BOF Systems Enhancements $0 $0 $0 $0 $0
Total System Enhancements $873,448 $0 $0 $0 $0

Infrastructure
Hardware $474,000 $0 $0 $0 $0
Software $132,514 $0 $0 $0 $0
Total Infrastructure $606,514 $0 $0 $0 $0

Grand Total Expenditures $12,844,697 $9,886,506 $9,886,506 $9,886,506 $9,886,506

PROJECTED FISCAL DETAIL REVENUE (1) $14,104,000 $14,104,000 $14,104,000 $14,104,000 $14,104,000
$25 million GF Loan Repayment (2) $0 $0 $0 ($3,000,000) ($3,000,000)
Total Revenue $14,104,000 $14,104,000 $14,104,000 $11,104,000 $11,104,000

(1) Revenue based on:

13 million Standard Ammunition Eligibility Checks @ $1
154,000 COE verifications @ $1
50,000 Basic Ammunition Eligibility Checks @ $19

(2) The Department Projects that it may be able to start paying off the GF loan in 22/23

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EXHIBIT 10

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The original proposed text is in single underline and single strikeout. Changes are illustrated by
double underline for proposed additions and double strikeout for proposed deletions.

California Code of Regulations

Title 11, Division 5

Chapter 11. Ammunition Purchases or Transfers

Article 1. General

§ 4300. Title and Scope.

This chapter shall be known as the “Department of Justice Regulations for Ammunition
Purchases or Transfers,” and may be cited as such and referred to herein as “these
regulations.” The provisions of these regulations shall provide the directives for an individual
to purchase or transfer ammunition into an individual’s possession on or after July 1, 2019.

Note: Authority cited: Sections 30352, and 30370, Penal Code. Reference: Sections
30305, 30312, 30314, 30352, and 30370, Penal Code.

§ 4301. Definition of Key Terms.

(a) “AFS” means the Department’s Automated Firearms System.

(b) “AFS record” means a firearm record on file with the Department that identifies an
individual as an owner of a firearm. An AFS record has been established with the Department
when an individual has purchased or transferred a rifle or shotgun from a firearms dealer on or
after January 1, 2014, or an individual that has purchased or transferred a handgun from a
firearms dealer at any time. An AFS record may also be established after the Department
processes an individual’s assault weapon registration or an individual’s report of firearm
ownership.

(b) “Ammunition vendor” means a person or entity having a valid license to sell ammunition,
issued pursuant to Penal Code section 30385.

(c) “ATN” means Ammunition Transaction Number issued by the Department.

(d) “Automated Firearms System” is the name of a repository of firearm records maintained
by the Department, as established by Penal Code section 11106.

(e)(d) “Basic Ammunition Eligibility Check” means the Department’s ammunition eligibility
check as prescribed by Penal Code section 30370, subdivision (c). The Department shall

Page 1 of 10

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conduct a Basic Ammunition Eligibility Check to authorize a California resident for a single
ammunition transaction or purchase one-time authorization to purchase or transfer ammunition.

(f)(e) “Certificate of Eligibility or COE” means a certificate issued pursuant to Penal Code
section 26710, which states that the Department has checked its records and determined that the
applicant was is not prohibited from acquiring or possessing firearms pursuant to Penal Code
sections 29800, 29805, 29815 through 29825, and 29900, or Welfare and Institutions Code
sections 8100 and 8103, or Title 18, sections 921 and 922 of the United States Code, or Title 27,
Part 478.32 of the Code of Federal Regulations at the time the check was performed and which
ensures that a person who handles, sells, delivers, or has under his or her custody or control any
ammunition, is eligible to do so pursuant to Penal Code section 30347.

(g)(f) “CFARS” means the Department’s California Firearms Application Reporting System.
An individual can access the CFARS website at the following web address:
https://cfars.doj.ca.gov/login.do.

(h)(g) “Department” means the California Department of Justice.

(i)(h) “Dealer Record of Sale Entry System or DES” means the Department’s website that an
ammunition vendor will use to submit an ammunition purchaser’s or transferee’s information to
the Department before the Department can approve an ammunition purchase or transfer. An
ammunition vendor can access the DES website at the following web address:
(https://des.doj.ca.gov/login.do).

(j)(i) “Firearms dealer” means a person having a valid license to sell firearms issued pursuant
to Penal Code section 26700.

(k)(j) “Firearms eligibility check” means a state and federal background check, pursuant to
Penal Code section 28220, that is used to determine an individual’s eligibility to possess,
receive, own, or purchase a firearm.

(l)(k) “Head of the agency” means the chief of police or the director of public safety for a
police department, the sheriff for a county sheriff's office, the head of an agency or their
designee for a state law enforcement agency, and the manager in charge of any local field office
for a federal law enforcement agency.

(l) “One-Time Ammunition Transaction” means an ammunition purchase or transfer

whereby an individual has undergone a Basic Ammunition Eligibility Check.

(m) “Prohibited Armed Persons File” means the database established by Penal Code section
30000.

(n)(m) “Purchaser or transferee” means an individual purchasing or transferring ammunition.

(o)(n) “Standard Ammunition Eligibility Check” means the Department’s ammunition

eligibility check as prescribed by Penal Code section 30370, subdivisions (b).

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(p)(o) “Sworn federal law enforcement officer’s credential” means identification indicating an
individual is a sworn federal law enforcement officer pursuant to Part 2, Chapter 4.5, of the
Penal Code (commencing with section 830).

(q)(p) “Sworn state or local peace officer’s credential” means identification indicating an
individual is a sworn state or local peace officer pursuant to Part 2, Chapter 4.5, of the Penal
Code (commencing with section 830).

Note: Authority cited: Sections 30352, and 30370, Penal Code. Reference: Sections
11106, 16150, 16151, 26710, 30352, 30370, and 30385, Penal Code.

Article 2. Ammunition Eligibility Checks: Standard and Basic

§ 4302. Standard Ammunition Eligibility Check (AFS Match).

(a) A purchaser or transferee is authorized to purchase ammunition if their information

matches an entry in the Automated Firearm System and does not match an entry in the
Prohibited Armed Persons File.

(1) A purchaser or transferee may request, through an ammunition vendor, the

Department to conduct a Standard Ammunition Eligibility Check, to determine if the
ammunition purchaser or transferee qualifies for this authorization.

(b)(a) As authorized by Penal Code section 30370, subdivision (e), the fee for a Standard
Ammunition Eligibility Check is $1.00.

(c)(b) The ammunition vendor shall collect the purchaser’s or transferee’s name, date of birth,
current address and driver license or other government identification number in the manner
described in Penal Code section 28180, and telephone number, and enter this information into
the DES website.

(d)(c) Upon the Department’s completion of the Standard Ammunition Eligibility Check, the
The Department shall then update the purchaser’s or transferee’s DES record to instruct the
ammunition vendor to approve or reject the purchase or transfer.

(e)(d) If the purchase or transfer is rejected, the ammunition vendor shall provide the purchaser
or transferee with an ATN that can be used to obtain the reason for the rejection through the
Department’s CFARS website.

Note: Authority cited: Sections 30352 and 30370, Penal Code. Reference: Sections
28180, 30352, and 30370, Penal Code.

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§ 4303. One-Time Ammunition Transactions Basic Ammunition Eligibility Check (Single

Transaction or Purchase).

One-time ammunition purchases or transfers may be completed using a Basic Ammunition

Eligibility Check.

(a) A purchaser or transferee is authorized to purchase ammunition if they are not prohibited
from purchasing or possessing ammunition, subsequent to affirmation by the Department.

(1) A purchaser or transferee may request, through an ammunition vendor, the

Department to conduct a Basic Ammunition Eligibility Check, to determine if the
purchaser or transferee qualifies for this authorization.

(2) A purchaser or transferee may instead seek authorization by following the

procedure set forth by section 4302, 4304, 4305, or 4306, as applicable.

(b)(a) As authorized by Penal Code section 30370, subdivision (c), the fee for a Basic
Ammunition Eligibility Check is $19.00.

(c)(b) The ammunition vendor shall collect the ammunition purchaser’s or transferee’s name,
date of birth, current address, gender, hair color, eye color, height, weight, and driver license or
other government identification number, in the manner described in Penal Code section 28180,
and telephone number, United States citizenship status, federal Alien Registration Number or
I94 (if applicable), place of birth, alias name(s), race, and enter this information into the DES
website.

(d)(c) The ammunition vendor will provide the purchaser or transferee an ATN to monitor the
status of the Basic Ammunition Eligibility Check through the Department’s CFARS website.

(1) An approved Basic Ammunition Eligibility Check can only be used for one
ammunition purchase or transfer, and the approval expires 30 calendar days from when
it is issued.

(2) If the Basic Ammunition Eligibility Check is denied, the Department shall notify
the purchaser or transferee of the reason for the denial via U.S. Mail.

(e)(d) Upon the Department’s completion of a Basic Ammunition Eligibility Check, the
Department shall update the purchaser’s or transferee’s DES record. The ammunition vendor
shall deliver the ammunition to the purchaser or transferee only if the status of the Basic
Ammunition Eligibility Check is “Approved.”

Note: Authority cited: Sections 30352 and 30370, Penal Code,. Reference: Sections
28180, 30352, and 30370, Penal Code and section 922, title 18, United States Code.

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Article 3. Purchasing of a Firearm and Ammunition in a Single Transaction

§ 4304. Firearms Eligibility Check.

(a) When an individual is purchasing or transferring a firearm and ammunition in the

same transaction, the Department shall complete a firearms eligibility check before the
purchaser or transferee can take possession of the firearm or ammunition.

(b)(a) Except as provided in subdivision (c)(b), a purchaser or transferee of a firearm and

ammunition in the same transaction shall only pay the fee for the firearms eligibility check as
prescribed in section 4001 of this title.

(c)(b) If the purchaser or transferee described in Penal Code section 30370, subdivision (a)(1)
or (a)(2) wants to take possession of the ammunition before the Department completes the
firearms eligibility check, the purchaser or transferee shall conduct a separate transaction
following the procedure set forth by section 4302, 4303, 4305, or 4306, as appropriate, and pay
any associated fee pay the $1.00 fee for the Standard Ammunition Eligibility Check or the
Department’s COE verification process, and be approved by the Department prior to taking
possession of the ammunition.

Note: Authority cited: Section 30352, Penal Code. Reference: Sections 28220, 30352,
30370, Penal Code.

Article 4. COE Verification Process

§ 4305. COE Verification Process.

Pursuant to Penal Code section 30370, subdivision (a)(2), the Department shall process a
COE holder’s ammunition purchase or transfer.

(a) A purchaser or transferee is authorized to purchase ammunition if they hold a current

Certificate of Eligibility, subsequent to verification by the Department.

(1) A purchaser or transferee may request, through an ammunition vendor, the

Department to conduct a COE Verification, to determine if the purchaser or transferee
qualifies for this authorization.

(b)(a) As authorized by Penal Code section 30370, subdivision (c) (e), the fee for COE
verification is $1.00.

(c)(b) The ammunition vendor shall collect the ammunition purchaser’s or transferee’s name,
date of birth, current address, and driver license or other government identification number, in
the manner described in Penal Code section 28180, telephone number, and COE number, and
enter the information into the DES website.

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(d)(c) Upon the Department’s completion of the COE Verification, the The Department shall
then update the purchaser’s or transferee’s DES record to instruct the ammunition vendor to
approve or reject the ammunition purchase or transfer.

Note: Authority cited: Sections 30352 and 30370, Penal Code. Reference: Section 26710 and
30370, Penal Code.

Article 5. Ammunition Purchases or Transfers; Exempted Individuals

§ 4306. Ammunition Purchases or Transfers for Exempted Individuals.

(a) The following types of identification will properly identify an individual who is exempt
pursuant to Penal Code section 30352, subdivision (e) from Department approval to purchase or
transfer ammunition.

(1) A valid Federal Firearms License.

(2) An authorized law enforcement representative’s written authorization from the

head of the agency authorizing the ammunition purchase or transfer.

(3) A centralized list of exempted federal firearms licensee’s Department issued

certificate indicating the individual is on the centralized list of exempted federal firearms
licensees.

(4) A sworn state, or local peace officer’s credential and verifiable written
certification from the head of the agency.

(5) A sworn federal law enforcement officer’s credential and verifiable written
certification from the head of the agency.

(1) An ammunition vendor shall present a valid Ammunition Vendor License issued
pursuant to Penal Code section 30385.

(2) A person who is on the centralized list of exempted federal firearms licensees
maintained by the Department shall present a Department-issued Listing
Acknowledgement Letter indicating the individual is currently on the centralized list of
exempted federal firearms licensees.

(3) A gunsmith shall present a valid Type 01 Federal Firearms License.

(4) A wholesaler shall present a valid Type 01 Federal Firearms License.

(5) A manufacturer of firearms shall present a valid Type 07 Federal Firearms

License.
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(6) An importer of firearms or ammunition shall present a valid Type 08 Federal

Firearms License.

(7) A manufacturer of ammunition shall present a valid Type 06 Federal Firearms

License.

(8) An authorized law enforcement representative of a city, county, city and county,
or state or federal government shall present written authorization from the head of the
agency authorizing the ammunition purchase or transfer, as described by Penal Code
section 30352, subdivision (e)(7).

(9) A properly identified sworn peace officer, as defined in Chapter 4.5 of Title 3 of
Part 2 of the Penal Code, who is authorized to carry a firearm in the course and scope of
the officer’s duties, shall present both:

(A) A sworn state, or local peace officer’s credential, and

(B) Verifiable written certification from the head of the agency, as described
by Penal Code section 30352, subdivision (e)(8)(B)(i). The verifiable written
certification from the head of the agency expires 30 days after issuance.

(10) A properly identified sworn federal law enforcement officer, who is authorized
to carry a firearm in the course and scope of the officer’s duties, shall present both:

(A) A sworn federal law enforcement officer’s credential, and

(B) Verifiable written certification from the head of the agency, as described
by Penal Code section 30352, subdivision (e)(8)(B)(i). The verifiable written
certification from the head of the agency expires 30 days after issuance.

(b) The ammunition vendor shall keep a photocopy of the front and back of the sworn state
or local peace officer’s credential and California Driver License, or a photocopy of the front and
back of a sworn federal law enforcement officer’s business card and driver license. In addition,
the ammunition vendor shall keep the verifiable written certification from the head of the
agency. The verifiable written certification from the head of the agency expires 30 days after
issuance. The ammunition vendor shall make a copy of these records available to the
Department upon request.

(b) For persons identified pursuant to subdivisions (a)(9) and (10) of this section, the
ammunition vendor shall keep a photocopy of the front and back of the credential and the
identification document provided pursuant to subdivision (c) of this section, along with the
original verifiable written certification from the head of the agency. The ammunition vendor
shall make a copy of these records available to the Department upon request.

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(1) If the law enforcement agency does not allow photocopies to be made of the
credential, the ammunition vendor shall retain a business card from the sworn law
enforcement officer after personally viewing the credential.

(c) At the time of delivery, the ammunition vendor COE holder, authorized associate, or
salesperson shall require the purchaser or transferee to provide an identification document that
meets the requirements of Penal Code section 16300, to verify that the person who is receiving
delivery of the ammunition is the person exempted pursuant to Penal Code section 30352,
subdivision (e).

(d)(c) Once the ammunition vendor has verified the individual is exempt from Department
approval to purchase or transfer ammunition, the ammunition vendor may process an
ammunition purchase or transfer without Department approval.

Note: Authority cited: Section 30352, Penal Code. Reference: Section 30352, Penal Code.

Article 6. Telephonic Access for Ammunition Vendors

§ 4307. Telephonic Access for Ammunition Vendors.

Ammunition vendors without accessibility to an Internet connection due to their telephone

service provider, or other Internet service providers, not being able to provide access to an
Internet connection at their place of business may acquire telephonic access to the Department,
for the Department to manually determine if a purchaser or transferee is eligible to own or
possess ammunition. Ammunition vendors seeking telephonic access to the Department shall
complete an Ammunition Vendor (Non-Firearms Dealer) Application for Telephonic
Approval, Form BOF 1020 (Orig. 05/2018), which is hereby incorporated by reference.
Telephonic access to the Department will be available during the Department’s Customer
Support Center business hours.

(a) Ammunition vendors shall acquire documentation from their telephone/Internet service
provider stating that the service provider does not offer Internet service at the ammunition
vendor’s place of business.

(b) After the ammunition vendor has completed the application for telephonic access, the
ammunition vendor shall mail the Ammunition Vendor (Non-Firearms Dealer) Application for
Telephonic Approval, Form BOF 1020 (Orig. 05/2018) and the documentation in paragraph (a)
of this section, to the Department at the following address:

Department of Justice
Bureau of Firearms
P.O. Box 160487
Sacramento, California 95816

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(c) The Department shall notify the ammunition vendor via U.S. Mail of the
Department’s determination to approve or deny the Ammunition Vendor (Non-Firearms
Dealer) Application for Telephonic Approval, Form BOF 1020 (Orig. 05/2018).

Note: Authority cited: Section 30370, Penal Code. Reference: Section 30370, Penal Code.

Article 7. Delivery of Ammunition and Billing

§ 4308. Delivery of Ammunition Following DES Submission.

(a) If the Department approves an ammunition purchase or transfer as described by sections

4302, 4303 or 4305 through 4307 of these regulations, the DES transaction record will change
from “Pending” to “Approved.”

(b) Ammunition may be delivered to the purchaser or transferee only if the status of the
DES transaction record is “Approved.”

(c) At the time of delivery, the ammunition vendor COE holder, authorized associate, or
salesperson shall do the following:

(1) Require the purchaser or transferee to provide an identification document that

meets the requirements of Penal Code section 16300, to verify that the person who is
receiving delivery of the ammunition is the person authorized to purchase ammunition.

(2) Access access the approved DES ammunition transaction by the name of the
purchaser or transferee, and submit the ammunition sale information required by Penal
Code section 30352, subdivision (a) to record the time and date the ammunition is
delivered.

Note: Authority cited: Sections 30352, and 30370, Penal Code. Reference: Section 30352, and
30370, Penal Code.

§ 4309. Billing, Payment, and Suspension for Non-Payment.

(a) Monthly billing statements for the previous month's ammunition eligibility check and
COE verification activity will be delivered electronically via DES to the ammunition vendor’s
account on the first day of each month.

(b) Payment shall be made using a major credit card or debit card. The balance due as
indicated on the monthly billing statement shall be paid in full within 30- days of the billing
statement date (first day of month).

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(c) If payment for the previous month's ammunition eligibility check and COE verification
activity is not made within 30 days, the ammunition vendor’s access (all COE holders and
employees) to DES will be suspended until full payment for the past due amount is received.

(d) While suspended, an ammunition vendor will be unable to process or conduct an

ammunition purchase or transfer but will maintain the status as a licensed ammunition vendor.

Note: Authority cited: Section 30370, Penal Code. Reference: Sections 30370, 30385, 30390,
and 30395, Penal Code.

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1 CERTIFICATE OF SERVICE
UNITED STATES DISTRICT COURT
2 SOUTHERN DISTRICT OF CALIFORNIA
3 Case Name: Rhode, et al. v. Becerra
4 Case No.: 3:18-cv-00802-JM-JMA

5 IT IS HEREBY CERTIFIED THAT:

6 I, the undersigned, declare under penalty of perjury that I am a citizen of the
7 United States over 18 years of age. My business address is 180 East Ocean Boulevard,
Suite 200 Long Beach, CA 90802. I am not a party to the above-entitled action.
8
I have caused service of the following documents, described as:
9
REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF PLAINTIFFS’
10 MOTION FOR PRELIMINARY INJUNCTION; EXHIBITS 1-10
11
on the following parties by electronically filing the foregoing on July 22, 2019, with the
12 Clerk of the District Court using its ECF System, which electronically notifies them.
13 Nelson R. Richards
Deputy Attorney General
14 [email protected]
15 2550 Mariposa Mall, Room 5090
Fresno, CA 93721
16 Attorneys for Defendant Attorney
General Xavier Becerra
17
18
I declare under penalty of perjury that the foregoing is true and correct. Executed
19 on July 22, 2019, at Long Beach, CA.
20
s/ Laura Palmerin
21 Laura Palmerin
22
23
24
25
26
27
28

CERTIFICATE OF SERVICE
18cv802
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1 C.D. Michel – SBN 144258

Sean A. Brady – SBN 262007
2 Matthew D. Cubeiro – SBN 291519
MICHEL & ASSOCIATES, P.C.
3 180 E. Ocean Boulevard, Suite 200
4 Long Beach, CA 90802
Telephone: (562) 216-4444
5 Facsimile: (562) 216-4445
Email: [email protected]
6
7 Attorneys for Plaintiffs

8
UNITED STATES DISTRICT COURT
9
SOUTHERN DISTRICT OF CALIFORNIA
10
11 KIM RHODE, et al., Case No.: 3:18-cv-00802-BEN-JLB

12 Plaintiffs, EXHIBITS 11-34 TO REQUEST FOR

JUDICIAL NOTICE IN SUPPORT OF
13 v. PLAINTIFFS’ MOTION FOR
PRELIMINARY INJUNCTION
14 XAVIER BECERRA, in his official
15 capacity as Attorney General of the State Hearing Date: August 19, 2019
of California, Hearing Time: 10:30 a.m.
16 Courtroom: 5A
Defendant. Judge: Hon. Roger T. Benitez
17
18 [Filed concurrently with Notice of Motion
and Motion for Preliminary Injunction,
19 Memorandum of Points and Authorities,
Declarations of Sean A. Brady, Richard
20 Travis, James Gilhousen, Dan Wolgin,
Denise Welvang, Scott Lindemuth, Bill
21 Ortiz, David Burwell, Chris Puehse,
22 Travis Morgan, Ethan Bartel, Myra
Lowder, Daniel Gray, Christina McNab,
23 and George Dodd]
24
25
26
27
28
1
REQUEST FOR JUDICIAL NOTICE ISO MOT. FOR PRELIMINARY INJUNCTION
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1 TABLE OF CONTENTS FOR EXHIBITS

2 Exhibit Description Pages
3
1 Proposition 63 (2016) 1-38
4
2 Senate Bill No. 1235 (2015-2016 Reg. Sess.) 39-55
5
3 Notice of Proposed Rulemaking, Ammunition Purchases or 56-64
6
Transfers – Title 11, Division 5, Chapter 11, OAL File No. Z-
7 2018-1204-08, California Department of Justice (Dec. 14, 2018)
8 4 Initial Statement of Reasons, Ammunition Purchases or Transfers 65-75
9 – Title 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08,
California Department of Justice
10
5 Economic and Fiscal Impact Statement, Ammunition Purchases or 76-82
11
Transfers – Title 11, Division 5, Chapter 11, OAL File No. Z-
12 2018-1204-08, California Department of Justice
13 6 Text of Proposed Regulations, Ammunition Purchases or Transfers 83-90
14 – Title 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08,
California Department of Justice
15
7 Notice of Modification to Text of Proposed Regulations, Initial 91-92
16
Statement of Reasons Addendum, and revised Economic and
17 Fiscal Impact Statement (STD. 399), Ammunition Purchases or
Transfers – Title 11, Division 5, Chapter 11, OAL File No. Z-
18
2018-1204-08, California Department of Justice (April 23, 2019)
19
8 Initial Statement of Reasons Addendum, Ammunition Purchases or 93-104
20 Transfers – Title 11, Division 5, Chapter 11, OAL File No. Z-
21 2018-1204-08, California Department of Justice (April 23, 2019)

22 9 Economic and Fiscal Impact Statement (Revised), Ammunition 105-113

Purchases or Transfers – Title 11, Division 5, Chapter 11, OAL
23
File No. Z-2018-1204-08, California Department of Justice (April
24 23, 2019)
25 10 Text of Proposed Regulations (Revised), Ammunition Purchases or 114-124
26 Transfers – Title 11, Division 5, Chapter 11, OAL File No. Z-
2018-1204-08, California Department of Justice (April 23, 2019)
27
28
2
REQUEST FOR JUDICIAL NOTICE ISO MOT. FOR PRELIMINARY INJUNCTION
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1 11 Updated Informative Digest, Ammunition Purchases or Transfers 125-127

– Title 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08,
2
California Department of Justice (April 23, 2019)
3
12 Final Statement of Reasons, Ammunition Purchases or Transfers – 128-299
4 Title 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08,
5 California Department of Justice

6 13 Text of Adopted Regulations, Ammunition Purchases or Transfers 300-308

– Title 11, Division 5, Chapter 11, OAL File No. Z-2018-1204-08,
7
California Department of Justice
8
14 Notice of Approval of Regulatory Action, Ammunition Purchases 309-310
9 or Transfers – Title 11, Division 5, Chapter 11, OAL File No. Z-
10 2018-1204-08, Office of Administrative Law (June 24, 2019)

11 15 Notice of Proposed Emergency Action, Identification 311-312

Requirements for Firearms and Ammunition Eligibility Checks –
12
Title 11, Division 5, Chapter 4, California Department of Justice
13 (June 10, 2019)
14 16 Finding of Emergency, Identification Requirements for Firearms 313-322
15 and Ammunition Eligibility Checks – Title 11, Division 5, Chapter
4, California Department of Justice (June 10, 2019)
16
17 Economic and Fiscal Impact Statement, Identification 323-329
17
Requirements for Firearms and Ammunition Eligibility Checks –
18 Title 11, Division 5, Chapter 4, California Department of Justice
(June 10, 2019)
19
20 18 Text of Emergency Regulations, Identification Requirements for 330-335
Firearms and Ammunition Eligibility Checks – Title 11, Division
21 5, Chapter 4, California Department of Justice (June 10, 2019)
22
19 Recent Actions on Emergency Regulations, Office of 336-352
23 Administrative Law
24 20 Important Notice: California Department of Justice Update 353-356
25 Regarding the Use of “Federal Limits Apply” Driver Licenses and
Identification Cards to Perform Eligibility Checks, California
26 Department of Justice (June 27, 2019)
27
28
3
REQUEST FOR JUDICIAL NOTICE ISO MOT. FOR PRELIMINARY INJUNCTION
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1 21 Important Notice: California Department of Justice Notification 357-363

and Instructions for Clearing Web Browser “Cookies and Cache”
2
on July 1, 2019, California Department of Justice (June 28, 2019)
3
22 Important Notice: Regarding Availability of Instructional User 364-379
4 Guides Related to Upcoming Ammunition Sale Requirements,
5 California Department of Justice (June 28, 2019)

6 23 Additional Documentation Requirements for Eligibility Checks 380-384

with Federal Non-Compliant California Driver License or
7
Identification Cards, California Department of Justice
8
24 Ammunition Purchase Authorization Program, California 385-393
9 Department of Justice
10
25 Frequently Asked Questions: Ammunition Vendor Licensing 394-403
11 FAQ’s, California Department of Justice
12 26 Frequently Asked Questions: Ammunition Purchases, California 404-423
13 Department of Justice

14 27 Becoming A Firearm Dealer And/Or Ammunition Vendor In 424-438

California, California Department of Justice
15
16 28 Automated Firearms System Personal Information Update, 439-447
California Department of Justice
17
29 REAL ID: Easy as 1-2-3, California Department of Motor 448-449
18
Vehicles
19
30 Citizenship Evidence, U.S. Department of State, Bureau of 450-455
20 Consular Affairs
21
31 United States Passport Fees, U.S. Department of State, Bureau of 456-457
22 Consular Affairs
23 32 Certificate of Eligibility, California Department of Justice, Bureau 458-467
24 of Firearms

25 33 National Instance Criminal Background Check System (NICS), 468-473

Federal Bureau of Investigation
26
27 34 REAL ID Act, California Department of Motor Vehicles 474-477

28
4
REQUEST FOR JUDICIAL NOTICE ISO MOT. FOR PRELIMINARY INJUNCTION
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EXHIBIT 11

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UPDATED INFORMATIVE DIGEST

California Code of Regulations

Title 11, Division 5
Chapter 11: Ammunition Purchases or Transfers

Prior to the passage of Proposition 63 of 2016 (The Safety for All Act) and Senate Bill (SB)
1235 (2016), the sale or transfer of ammunition was not regulated by existing law. Penal Code
section 30305 had established that an individual who is prohibited from owning or possessing a
firearm is also prohibited from owning or possessing ammunition. Both Proposition 63 and SB
1235(2016) authorize the Department to complete an ammunition eligibility check or to verify
that an individual’s Certificate of Eligibility (COE) is valid when the individual purchases or
transfers ammunition from or through an ammunition vendor. Prior to voter approval of The
Safety for All Act and the enactment of SB 1235 (2016), the Department had no mechanism to
regulate the sale of ammunition, meaning the Department could not stop a prohibited individual
from purchasing or receiving ammunition.

The Legislature enacted SB 1235 (2016) and the voters approved Proposition 63, delegating the
authority to the Department to write regulations to implement, interpret, and make specific
certain Penal Code sections regulating the sale and transfer of ammunition.

The Department of Justice has made the following substantive changes to the regulations
originally proposed in the Notice of Proposed Action:

Section 4301 was modified to delete the definition of “AFS record” and “One-Time Ammunition
Transaction,” as those definitions were unnecessary. The definition of “Certificate of Eligibility
or COE” was amended to remove unnecessary information. Definitions of the terms
“Ammunition vendor,” “Automated Firearms System,” and “Prohibited Armed Persons File,”
were added, as those terms are used in these regulations.

Section 4302 was modified to explain the purpose of the Standard Ammunition Eligibility Check
and to provide direction to ammunition purchasers or transferees as to whether that eligibility
check is an appropriate method for them to secure authorization, and how to request it. The
regulation was further modified to provide clarity regarding when the Department will instruct
an ammunition vendor to approve or reject a purchase or transfer, and the medium by which that
will be communicated. Additionally, the Department clarified that a purchaser or transferee who
is rejected is able to use the Department’s California Firearms Application Reporting System
(CFARS) to obtain the reason for the rejection.

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Section 4303 was modified to explain the purpose of the Basic Ammunition Eligibility Check
and to provide direction to ammunition purchasers or transferees as to whether that eligibility
check is an appropriate method for them to secure authorization, and how to request it. The
regulation was further modified to delete an unnecessarily repetitive clause regarding when an
ammunition vendor shall deliver ammunition.

Section 4304 was modified to clarify that, for a transaction that includes both firearms and
ammunition together, neither the firearm nor the ammunition may be delivered until the
completion of the firearms eligibility check. The regulation was further modified to provide
clarity regarding how a purchaser or transferee may conduct a separate transaction, if they want
to take possession of the ammunition before the firearms eligibility check is finalized. As a
separate transaction, the purchaser or transferee must follow one of the methods for securing
authorization to purchase ammunition, or to properly identify oneself as exempt.

Section 4305 was modified to explain the purpose of the COE Verification process and to
provide direction to ammunition purchasers or transferees as to whether that process is an
appropriate method for them to secure authorization, and how to request it. The regulation was
further modified to include the purchaser or transferee’s telephone number, as one piece of
personal information that must be collected and transmitted to the Department. In addition, this
section was modified to clarify that after completion of a COE Verification process the
Department will update the DES record.

Section 4306 was modified to specify which types of identification will properly identify each
category of persons identified by Penal Code section 30352, subdivision (e) as being exempt
from the ammunition authorization requirements. The regulation was further modified to allow
an ammunition vendor to keep a business card from any sworn law enforcement officer, rather
than a photocopy of the officer’s credential, if their agency does not allow for credentials to be
photocopied. As originally noticed, an ammunition vendor was required to retain a business card
and a photocopy of a driver license for each federal law enforcement officer. Additionally,
instructions are provided to the ammunition vendor, associates and salespersons regarding the
requirement that they verify, pursuant to Penal Code section 30352, subdivision (c), that the
person receiving delivery of ammunition is the person exempted by Penal Code section 30352,
subdivision (e).

Section 4308 was modified to reflect the fact that only the eligibility checks and COE
verification will involve a DES transaction record that will change upon approval. The
regulation was further modified to include the requirement the ammunition vendor, associates
and salesperson verify, pursuant to Penal Code section 30352, subdivision (c), that the person
receiving delivery of ammunition is the person authorized to purchase ammunition.
Additionally, the requirement that the “time” of the transaction be submitted was removed, and
instead the requirements in Penal Code section 30352, subdivision (a) are included, by reference.

Except as set forth above, there are no other changes in applicable laws or to the effect of the
proposed regulations from the laws and effects described in the Notice of Proposed Action.

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EXHIBIT 12

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FINAL STATEMENT OF REASONS

California Code of Regulations
Title 11, Division 5
Chapter 11: Ammunition Purchases or Transfers

UPDATE OF INITIAL STATEMENT OF REASONS

The Department modified the initially proposed text of the regulations such that the numbering
of the subdivisions has changed. This Final Statement of Reasons refers to the subdivision
numbers as they appear in the final proposed text of the regulations.

§ 4300. Title and Scope

The Department amended the authority and reference sections to delete unnecessary commas.
These are non-substantial changes because they clarify the regulation without materially altering
the requirements, rights, responsibilities, conditions, or prescriptions contained in the original
text. (Cal. Code of Regs., tit. 1, § 40.)

§ 4301. Definition of Key Terms

The Department deleted the definition of “AFS record,” because that term does not appear in the
regulations and therefore was not necessary to define.

The Department added the term “ammunition vendor,” as those persons or entities licensed
pursuant to Penal Code section 30385. This is necessary because only those vendors are required
by Penal Code sections 30352 and 30370, which these regulations implement, to follow the
procedure enacted by these proposed regulations.

The Department added the term “Automated Firearms System” and its definition. The proposed
definition explains the term by referencing the Penal Code section that authorizes the
establishment and maintenance of that system. This was necessary because sections 4301(b) and
4302(a) refer to the Automated Firearms System, and the Department determined that a
definition of the term would clarify the regulations by providing a simple description of the
system and providing a citation that allows for further reference.

The Department amended the definition of “Basic Ammunition Eligibility Check” to mirror the
language used in Penal Code section 30370, subdivision (c), which authorizes the process that
the Department has named the “Basic Ammunition Eligibility Check.” Using the same language
in the regulations as in statute will provide greater clarity on the definition of the “Basic
Ammunition Eligibility Check.”

The Department amended the definition of “Certificate of Eligibility or COE” to directly refer to
the statute that authorizes a COE, and to delete the additional references that describe what is
checked before a COE may be granted and why a COE may be granted. The Department

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determined that the deleted information reduced the clarity of the definition by presenting too
much information. The regulation is made clearer by providing a simple description of the
certificate and providing a citation that allows for further reference.

The Department further amended the definition to add punctuation that clearly indicate that the
terms “Certificate of Eligibility” and “COE” are separate, yet interchangeable, terms. These are
non-substantial changes because they clarify the regulation without materially altering the
requirements, rights, responsibilities, conditions, or prescriptions contained in the original text.
(Cal. Code of Regs., tit. 1, § 40.)

The Department amended the definition of “Dealer Record of Sale Entry System” or “DES” to
add punctuation that clearly indicate that the terms “Dealer Record of Sale Entry System” and
“DES” are separate, yet interchangeable, terms. The Department further amended the definition
to delete the parentheses surrounding the web address. The parentheses were not necessary to
demarcate the web address, and may have led to confusion as to how to type the web address.
These are non-substantial changes because they clarify the regulation without materially altering
the requirements, rights, responsibilities, conditions, or prescriptions contained in the original
text. (Cal. Code of Regs., tit. 1, § 40.)

The Department amended the definition of “Firearms eligibility check” to make a grammatical
change. The “check,” as a process, is a noun, and the sentence requires a verb (“conducted”).
This is a non-substantial change because it clarifies the regulation without materially altering the
requirements, rights, responsibilities, conditions, or prescriptions contained in the original text.
(Cal. Code of Regs., tit. 1, § 40.)

The Department deleted the definition of “One-Time Ammunition Transaction” because that
term is no longer the title of section 4303. The term also differed from the statutory language
(“single ammunition transaction or purchase”) in Penal Code section 30370, subdivision (c), and
the Department determined that it was both confusing and not necessary.

The Department added the term “Prohibited Armed Persons File” and its definition. This term is
used in section 4302(a) and in the statute that that proposed regulation implements, Penal Code
section 30370, subdivision (b). The proposed definition explains the term by reference to the
Penal Code section that authorizes the establishment and maintenance of the File.

The Department amended subdivision (o) of this section to correct a grammatical error. The
word “subdivision” should be singular, not plural. This is a non-substantial change because it
clarifies the regulation without materially altering the requirements, rights, responsibilities,
conditions, or prescriptions contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

The Department amended the definition of the term “Sworn federal law enforcement officer” to
delete a citation to the California Penal Code. The Department determined that it is not
necessary to cite the Penal Code, because although federal law enforcement officers are
discussed by that Code (e.g. section 830.8), they are not defined therein.

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The Department amended the authority and reference sections to delete unnecessary commas.
These are non-substantial changes because they clarify the regulation without materially altering
the requirements, rights, responsibilities, conditions, or prescriptions contained in the original
text. (Cal. Code of Regs., tit. 1, § 40.)

The Department amended the reference section to include Penal Code sections 11106 and 30385,
which are newly referenced in the definitions of “Automated Firearms System” and “ammunition
vendor,” respectively. This is a non-substantial change because it clarifies the regulation without
materially altering the requirements, rights, responsibilities, conditions, or prescriptions
contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

§ 4302. Standard Ammunition Eligibility Check (AFS Match).

The Department has amended the title of this section from “Standard Ammunition Eligibility
Check” to “Standard Ammunition Eligibility Check (AFS Match)”. This is necessary to provide
greater clarity, as the title will now immediately inform the public that the Standard Ammunition
Eligibility Check is the ammunition eligibility check that implements Penal Code section 30370,
subdivisions (a)(1) and (b), the defining feature of which is that the purchaser or transferee’s
information “matches an entry in the Automated Firearms System (AFS)”.

The Department has added subdivision (a), which introduces the section by interpreting Penal
Code section 30370, subdivisions (a), (a)(1) and (b). This is necessary to introduce the purpose
of section 4302 and to provide clarity regarding that section of Penal Code.

The Department has added subdivision (a)(1) to further interpret Penal Code section 30370 and
to provide a name for the eligibility check authorized by that section. Because a purchase or
transfer is initiated by a purchaser or transferee, the Department has clarified that it is the
purchaser or transferee who initiates the Standard Ammunition Eligibility Check. Because Penal
Code section 30370, subdivision (d) prohibits an ammunition vendor from selling or transferring
ammunition without the Department’s approval, and section 30352, subdivision (d) mandates
ammunition vendors to verify with the Department that a person is authorized to purchase
ammunition, the Department has clarified that the purchaser or transferee is to request the
Standard Ammunition Eligibility Check through an ammunition vendor. In conjunction with
section 4302, subdivisions (c) and (d), subdivision (a)(1) makes clear the roles of the
Department, the ammunition vendor, and the purchaser or transferee.

The Department has amended subdivision (d) to clarify when the Department will instruct the
ammunition vendor to approve or reject the purchase or transfer, and the manner by which the
Department will communicate its determination. This change is necessary to specify how the
ammunition vendor will be able to comply with Penal Code section 30370, subdivision (d),
which prohibits an ammunition vendor from selling or transferring ammunition without the
Department’s approval, and section 30352, subdivision (d), which mandates ammunition vendors
to verify with the Department that a person is authorized to purchase ammunition. This
amendment also aligns the Standard Ammunition Eligibility Check process with the Basic

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Ammunition Eligibility Check process, as described by section 4303(e) and the amended COE
Verification process, as implemented in section 4305(d).

The Department has amended subdivision (e) to specify that the ATN can be used by accessing
the Department’s CFARS website. Prior to this change, it was unclear how, specifically, the
attempted purchaser or transferee would use the ATN. This change also aligns the Standard
Ammunition Eligibility Check process with the Basic Ammunition Eligibility Check process, as
implemented in section 4303(d).

The Department further amended this section to make nonsubstantial changes to punctuation and
grammar. For example, although the California Department of Motor Vehicles refers to a
“driver license,” the statutes that are implemented by this regulation refer to that document as a
“driver’s license.” The Department has amended the regulation to follow the statutory language.
This, and the other punctuation and grammatical changes are non-substantial changes because
they clarify the regulation without materially altering the requirements, rights, responsibilities,
conditions, or prescriptions contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

The Department amended the authority section to include Penal Code section 30352. That
section provides partial authority for the requirement in subdivision (c) for the Standard
Ammunition Eligibility Check to require that the purchaser or transferee provide a telephone
number.

The Department amended the reference section to delete an unnecessary comma. This is a non-
substantial change because it clarifies the regulation without materially altering the requirements,
rights, responsibilities, conditions, or prescriptions contained in the original text. (Cal. Code of
Regs., tit. 1, § 40.)

§ 4303. Basic Ammunition Eligibility Check (Single Transaction or Purchase).

The Department amended the title of this section from “One-Time Ammunition Transactions” to
“Basic Ammunition Eligibility Check (Single Transaction or Purchase),” to provide greater
clarity. Title now introduces the name of the eligibility check, and aligns with the titles of the
other sections that provide methods of verifying authorization to purchase or transfer
ammunition. The parenthetical phrase mirrors language used in Penal Code section 30370,
subdivisions (a)(3) and (c), and will immediately inform the public that the Basic Ammunition
Eligibility Check is the ammunition eligibility check that implements those provisions.
Although each ammunition transaction must be approved by the Department prior to purchase or
transfer, regardless of the method of obtaining authorization, per Penal Code section 30370, or
exemption from the requirement to obtain authorization, per Penal Code 30352, the Department
determined that the intent of the legislature in using “single transaction or purchase” to
repeatedly describe the eligibility check that the Department has named the “Basic Ammunition
Eligibility Check” was because the defining feature of the subdivisions implemented by the
Basic Ammunition Eligibility Check is that the purchaser or transferee has neither an entry in the
AFS nor a Certificate of Eligibility, nor belongs to one of those classes of persons exempt from
needing to obtain authorization, and so the purchase of ammunition is presumed to be a rare, or

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singular event. This comports with the Department’s estimate that fewer than 2% of eligibility
checks will be conducted by means of a Basic Ammunition Eligibility Check.

The Department has added subdivision (a), which introduces the section by interpreting Penal
Code section 30370, subdivisions (a), (a)(3) and (c). This is necessary to introduce the purpose
of section 4303 and to provide clarity regarding that section of Penal Code. Any person who is
not prohibited, broadly speaking, may be authorized in any number of ways. Conversely, any
person who is prohibited will not be authorized, as the prohibiting event will be revealed during
the manual Basic Ammunition Eligibility Check; the prohibiting event will result in an entry into
the Prohibited Armed Persons File and so lead to a denial of a Standard Ammunition Eligibility
Check; and the prohibiting event will result in the termination of a Certificate of Eligibility and
so lead to a denial of a COE Verification. Of these three, the Basic Ammunition Eligibility
Check is potentially applicable to the greatest number of people — per Penal Code section
30370, subdivision (c), this includes any person who is not prohibited. By contrast, as stated in
the ISOR Addendum, there are 22,000 COE holders who would be authorized subsequent to a
COE verification, and 4.5 million people with distinct entries in the Automated Firearms System
(still, the Department estimates that 98% of eligibility checks will be requested by such persons,
who possess or are otherwise involved in activities related to firearms, and who thus would be
authorized to purchase ammunition subsequent to a Standard Ammunition Eligibility Check or
COE verification). Subdivision (a)(2) will provide greater clarity as to which method of
obtaining authorization may best apply to a purchaser or transferee who may qualify for the more
narrowly-defined paths to authorization (or exemption from authorization).

The Department has added subdivision (a)(1) to further interpret Penal Code section 30370 and
to provide a name for the eligibility check authorized by that section. Because a purchase or
transfer is initiated by a purchaser or transferee, the Department has clarified that it is the
purchaser or transferee who initiates the Basic Ammunition Eligibility Check. Because Penal
Code section 30370, subdivision (d) prohibits an ammunition vendor from selling or transferring
ammunition without the Department’s approval, and section 30352, subdivision (d) mandates
ammunition vendors to verify with the Department that a person is authorized to purchase
ammunition, the Department has clarified that the purchaser or transferee is to request the Basic
Ammunition Eligibility Check through an ammunition vendor. In conjunction with section
4303, subdivisions (c), (d) and (e), subdivision (a)(1) makes clear the roles of the Department,
the ammunition vendor, and the purchaser or transferee.

The Department has added subdivision (a)(2) to further clarify the interpretation in subdivision
(a) that persons are authorized to purchase ammunition if they are not prohibited, subsequent to
affirmation by the Department. In light of the fact that the Department does not have the
authority to mandate which procedure a purchaser or transferee uses to seek authorization to
purchase ammunition, the Department determined that the most effective way of clarifying the
multiple ways of gaining authorization, as provided by statute, is to clearly present each process
and its attendant requirements. Persons who are not prohibited may request a determination
pursuant to (a)(1), but those persons may also seek authorization by following the alternative
procedures, as applicable.

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The Department has amended subdivision (c) to include a hyphen between the capital letter “I”
and the number “94.” This is a non-substantial change because it clarifies the regulation without
materially altering the requirements, rights, responsibilities, conditions, or prescriptions
contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

The Department amended subdivision (c) to include the word “and” at the end of the list of
information that must be collected for a Basic Ammunition Eligibility Check. This is a non-
substantial change because it clarifies the regulation without materially altering the requirements,
rights, responsibilities, conditions, or prescriptions contained in the original text. (Cal. Code of
Regs., tit. 1, § 40.)

The Department has amended subdivision (e) to delete the requirement that the ammunition
vendor only deliver the ammunition if the status of the Basic Ammunition Eligibility Check is
“approved.” The Department determined that it was not necessary to include here because the
same requirement is already provided in section 4308(b), and duplicating that provision made the
regulation less clear.

The Department further amended this section to make nonsubstantial changes to punctuation and
grammar. For example, although the California Department of Motor Vehicles refers to a
“driver license,” the statutes that are implemented by this regulation refer to that document as a
“driver’s license.” The Department has amended the regulation to follow the statutory language.
This, and the other punctuation and grammatical changes are non-substantial changes because
they clarify the regulation without materially altering the requirements, rights, responsibilities,
conditions, or prescriptions contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

The Department amended the authority section to include Penal Code section 30352. That
section provides partial authority for the interpretation of the statute in subdivision (a), and it
provides the authority for the requirement in subdivision (c) for the Basic Ammunition
Eligibility Check to require that the purchaser or transferee provide a telephone number.

The Department further amended the authority section to delete an unnecessary comma at the
end of the sentence. This is a non-substantial change because it clarifies the regulation without
materially altering the requirements, rights, responsibilities, conditions, or prescriptions
contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

The Department amended the reference section to include Section 922, Title 18 of the United
States Code, because that section provides information regarding federal prohibitions on
ammunition that are relevant to understanding why the Department requires the information
collected in subdivision (c).

The Department further amended the reference section to delete a comma, to add a semicolon,
and to capitalize the words “Section” and “Title.” These are non-substantial changes because
they clarify the regulation without materially altering the requirements, rights, responsibilities,
conditions, or prescriptions contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

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§4304. Firearms Eligibility Check.

The Department amended subdivision (a) to add a number to what had been the prefatory text, as
originally noticed. This change allows for subdivision (a) to be easily referenced. This is a non-
substantial change because it clarifies the regulation without materially altering the requirements,
rights, responsibilities, conditions, or prescriptions contained in the original text. (Cal. Code of
Regs., tit. 1, § 40.)

The Department amended subdivision (a) to include the relevant provision of Penal Code section
30352(c) under the condition provided by (c)(2) – specifically, that the ammunition shall not be
delivered without proper authorization. This is necessary to provide clarity to the regulations
and to accurately interpret that section of Penal Code.

The Department amended subdivision (c) to make clear that a person who wishes to take
possession of ammunition prior to the completion of a firearms eligibility check must conduct a
separate transaction following one of the alternative procedures of obtaining authorization, or
qualifying for an exemption, as applicable. Any one of the alternatives is available to the
purchaser or transferee, not just the Standard Ammunition Eligibility Check or the Basic
Ammunition Eligibility Check, as might have been interpreted from the text as initially
proposed. This change is necessary to provide clarity to the regulation.

The Department amended the reference section to delete a comma and to add the word “and”
between the final two citations. These are non-substantial changes because they clarify the
regulation without materially altering the requirements, rights, responsibilities, conditions, or
prescriptions contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

§ 4305. COE Verification Process.

The Department deleted the prefatory text, as this text is no longer necessary.

The Department has added subdivision (a), which introduces the section by interpreting Penal
Code section 30370, subdivision (a)(2). This is necessary to introduce the purpose of section
4305 and to implement and provide clarity regarding that section of Penal Code.

The Department has added subdivision (a)(1) to further interpret Penal Code section 30370 and
to provide a name for the verification process that is authorized by that section. Because a
purchase or transfer is initiated by a purchaser or transferee, the Department has clarified that it
is the purchaser or transferee who initiates the COE Verification. Because Penal Code section
30370, subdivision (d) prohibits an ammunition vendor from selling or transferring ammunition
without the Department’s approval, and section 30352, subdivision (d) mandates ammunition
vendors to verify with the Department that a person is authorized to purchase ammunition, the
Department has clarified that the purchaser or transferee is to request the COE Verification
through an ammunition vendor. In conjunction with section 4305, subdivisions (c) and (d),
subdivision (a)(1) makes clear the roles of the Department, the ammunition vendor, and the
purchaser or transferee.

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The Department amended subdivision (b) to correct the citation of the authority for the
regulation. The correct citation is to Penal Code section 30370, subdivision (e), not subdivision
(c), as originally noticed. This is a non-substantial change because it clarifies the regulation
without materially altering the requirements, rights, responsibilities, conditions, or prescriptions
contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

The Department amended subdivision (c) to require that the purchaser or transferee provide a
telephone number. The purchaser or transferee’s telephone number is required by Penal Code
section 30352, subdivision (a)(6), at the time of the delivery of the ammunition. Rather than
request personal information from the purchaser or transferee at two separate times, the
Department determined that it would be most efficient to request all of the purchaser or
transferee’s personal information required to complete an ammunition purchase or transfer at this
stage of the process, so that no new personal information will need to be requested at a second
stage of the process. This will streamline the delivery of ammunition as soon as it is approved.
The Department has also determined that gathering the purchaser or transferee’s phone number
at the time of the eligibility check will allow the Department to verify the purchaser’s identity, if
necessary, and to communicate with the purchaser or transferee, if necessary.

The Department has amended subdivision (d) to clarify when the Department will instruct the
ammunition vendor to approve or reject the purchase or transfer, and the manner by which the
Department will communicate its determination. Because Penal Code section 30370,
subdivision (d) prohibits an ammunition vendor from selling or transferring ammunition without
the Department’s approval, and section 30352, subdivision (d) mandates ammunition vendors to
verify with the Department that a person is authorized to purchase ammunition, the Department
has clarified that the purchaser or transferee is to request the COE Verification through an
ammunition vendor, and aligns the COE Verification process with the Basic Ammunition
Eligibility Check process, as implemented in section 4303(e), and the amended Standard
Ammunition Eligibility Check process, as implemented in section 4302(d).

The Department further amended this section to make nonsubstantial changes to punctuation and
grammar. For example, although the California Department of Motor Vehicles refers to a
“driver license,” the statutes that are implemented by this regulation refer to that document as a
“driver’s license.” The Department has amended the regulation to follow the statutory language.
This, and the other punctuation and grammatical changes are non-substantial changes because
they clarify the regulation without materially altering the requirements, rights, responsibilities,
conditions, or prescriptions contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

The Department amended the authority section to include Penal Code section 30352. That
section provides partial authority for the requirement in subdivision (c) for the COE Verification
to require that the purchaser or transferee provide a telephone number.

The Department amended the reference section to include Penal Code sections 26710 and 28180.
Section 26710 pertains to Certificates of Eligibility. Section 28180 pertains to the method of
obtaining information as implemented by section 4305(c). The Department further amended the
reference section to pluralize the word “Sections,” because more than one section is referenced.

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These are non-substantial changes because they clarify the regulation without materially altering
the requirements, rights, responsibilities, conditions, or prescriptions contained in the original
text. (Cal. Code of Regs., tit. 1, § 40.)

§ 4306. Ammunition Purchases of Transfers for Exempted Individuals.

The Department has amended subdivision (a) to indicate that the types of identification
documents that follow are deemed “proper” documents for the purpose of identifying persons
who are exempt from Department approval to purchase or transfer ammunition, pursuant to
Penal Code section 30352, subdivision (e). This is necessary to provide clarity as to the purpose
of subdivisions (a)(1) through (a)(10), which implement the requirement in Penal Code section
30352, subdivision (e) that exempted individuals only qualify for the exemption “if properly
identified.” Without the specification provided by subdivisions (a)(1) through (a)(10),
ammunition vendors would lack clear guidance as to how to properly identify an exempted
individual.

The Department has deleted subdivisions (a)(1) through (a)(5) as initially proposed. The
Department determined, in response to public comments, that those subdivisions were unclear
and so did not effectively specify the identification requirements necessary to implement Penal
Code section 30352, subdivision (e)(1) through (8). In their place, the Department has added the
following sufficiently-related specifications.

The Department has added subdivision (a)(1) to specify the type of identification document that
will “properly” identify an ammunition vendor, which is a class of persons exempted by Penal
Code section 30352, subdivision (e)(1), from certain requirements of the ammunition
authorization program. The Department determined that a valid Ammunition Vendor License
issued pursuant to Penal Code section 30385 is the best document to properly identify an
ammunition vendor for the purpose of the exemption provided by Penal Code section 30352,
subdivision (e). There is no other identification document that specifically identifies an
ammunition vendor.

The Department has added subdivision (a)(2) to specify the type of identification document that
will “properly” identify a person on the centralized list of exempted federal firearms licensees
maintained by the Department, which is a class of persons exempted by Penal Code section
30352, subdivision (e)(2), from certain requirements of the ammunition purchasing program. The
Department determined that a Department-issued Listing Acknowledgement Letter indicating the
individual is currently on the centralized list of exempted federal firearms licensees is the best
document to properly identify an ammunition vendor for the purpose of the exemption provided
by Penal Code section 30352, subdivision (e). There is no other identification document that
specifically identifies a person on the centralized list of exempted federal firearms licensees
maintained by the Department.

The Department has added subdivision (a)(3) to specify the type of identification document that
will “properly” identify a gunsmith, which is a class of persons exempted by Penal Code section
30352, subdivision (e)(4), from certain requirements of the ammunition authorization program.

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The Department determined that a valid Type 01 FFL is the best document to properly identify a
gunsmith for the purpose of the exemption provided by Penal Code section 30352, subdivision
(e). A “gunsmith” is defined by Penal Code section 16630 as a person who is licensed as a
dealer pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States
Code and the regulations issued pursuant thereto, who is engaged primarily in the business of
repairing firearms, or making or fitting special barrels, stocks, or trigger mechanisms to firearms,
or the agent or employee of that person. Pursuant to that United States Code and the regulations
issued pursuant thereto, to provide the services of a gunsmith, a person must apply for and be
granted a Type 01 FFL. There is no other identification document that identifies a gunsmith.
However, a Type 01 FFL does not exclusively identify gunsmiths—a Type 01 FFL may also be
granted to other types of persons licensed to deal in firearms. The Department determined that
this ambiguity does not pose a problem because, pursuant to Penal Code section 30385,
subdivision (d), most firearms dealers are also authorized ammunition vendors. Therefore, any
person presenting a Type 01 FFL would be exempt pursuant to either Penal Code section 30352,
subdivision (e)(1) or subdivision (e)(4). Because there is no other identification document that
identifies a gunsmith, and because allowing a Type 01 FFL to identify a gunsmith would not
frustrate the purpose of the ammunition authorization program, the Department determined that
it is the best document to properly identify a gunsmith.

The Department has added subdivision (a)(4) to specify the type of identification document that
will “properly” identify a wholesaler of firearms, which is a class of persons exempted by Penal
Code section 30352, subdivision (e)(5), from certain requirements of the ammunition
authorization program. The Department determined that a valid Type 01 Federal Firearms
License is the best document to properly identify a wholesaler for the purpose of the exemption
provided by Penal Code section 30352, subdivision (e). A “wholesaler” is defined by Penal
Code section 17340 as a person who is licensed as a dealer pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the regulations issued pursuant
thereto, who sells, transfers, or assigns firearms, or parts of firearms, to persons who are licensed
as manufacturers, importers, or gunsmiths pursuant to Chapter 44 (commencing with Section
921) of Title 18 of the United States Code, or persons licensed pursuant to Sections 26700 to
26915, inclusive, and includes persons who receive finished parts of firearms and assemble them
into completed or partially completed firearms in furtherance of that purpose. Pursuant to that
United States Code and the regulations issued pursuant thereto, to be licensed as a dealer, a
person must apply for and be granted a Type 01 (FFL). There is no other identification
document that identifies a wholesaler. However, a Type 01 FFL does not exclusively identify
wholesaler—a Type 01 FFL may also be granted to other types of persons licensed to deal in
firearms. The Department determined that this ambiguity does not pose a problem because,
pursuant to Penal Code section 30385, subdivision (d), most non-wholesaler firearms dealers are
also authorized ammunition vendors. Therefore, any person presenting a Type 01 FFL would be
exempt pursuant to either Penal Code section 30352, subdivision (e)(1) or subdivision (e)(5).
Because there is no other identification document that identifies a wholesaler of firearms, and
because allowing a Type 01 FFL to identify a wholesaler would not frustrate the purpose of the
ammunition authorization program, the Department determined that it is the best document to
properly identify a wholesaler.

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The Department has added subdivision (a)(5) to specify the type of identification document that
will “properly” identify a manufacturer of firearms, which is a class of persons exempted by
Penal Code section 30352, subdivision (e)(6), from certain requirements of the ammunition
authorization program. The Department determined that a valid Type 07 FFL is the best
document to properly identify a manufacturer of firearms for the purpose of the exemption
provided by Penal Code section 30352, subdivision (e). The type of “manufacturer of firearms”
that would qualify for the exemption provided by Penal Code section 30352, subdivision (e) and
therefore would need to be “properly identified” as proposed by section 4306(a), is specified by
Penal Code section 30352, subdivision (e)(6) as “a manufacturer [...] of firearms or ammunition
licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States
Code, and the regulations issued pursuant thereto.” Pursuant to that United States Code and the
regulations issued pursuant thereto, to be licensed as a manufacturer of firearms, a person must
apply for and be granted a Type 07 FFL. Since Penal Code section 30352(e)(6) specifies that the
manufacturer is defined by its federal licensure, the Department has adopted the federal license
as the appropriate identifying document.

The Department has added subdivision (a)(6) to specify the type of identification document that
will “properly” identify an importer of firearms or ammunition, which is a class of persons
exempted by Penal Code section 30352, subdivision (e)(6), from certain requirements of the
ammunition authorization program. The Department determined that a valid Type 08 FFL is the
best document to properly identify an importer of firearms or ammunition for the purpose of the
exemption provided by Penal Code section 30352, subdivision (e). The type of “importer of
firearms or ammunition” that would qualify for the exemption provided by Penal Code section
30352, subdivision (e) and therefore would need to be “properly identified” as proposed by
section 4306(a), is specified by Penal Code section 30352, subdivision (e)(6) as an “[...] importer
of firearms or ammunition licensed pursuant to Chapter 44 (commencing with Section 921) of
Title 18 of the United States Code, and the regulations issued pursuant thereto.” Pursuant to that
United States Code and the regulations issued pursuant thereto, to be licensed as an importer of
firearms or ammunition, a person must apply for and be granted a Type 08 FFL. Since Penal
Code section 30352(e)(6) specifies that the importer is defined by its federal licensure, the
Department has adopted the federal license as the appropriate identifying document.

The Department has added subdivision (a)(7) to specify the type of identification document that
will “properly” identify a manufacturer of ammunition, which is a class of persons exempted by
Penal Code section 30352, subdivision (e)(6), from certain requirements of the ammunition
authorization program. The Department determined that a valid Type 06 FFL is the best
document to properly identify a manufacturer of ammunition for the purpose of the exemption
provided by Penal Code section 30352, subdivision (e). The type of manufacturer of
ammunition that would qualify for the exemption provided by Penal Code section 30352,
subdivision (e) and therefore would need to be “properly identified” as proposed by section
4306(a), is specified by Penal Code section 30352, subdivision (e)(6) as a “manufacturer [...] of
[...] ammunition licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code, and the regulations issued pursuant thereto.” Pursuant to that United
States Code and the regulations issued pursuant thereto, to be licensed as an manufacturer of
ammunition, a person must apply for and be granted a Type 06 FFL. Since Penal Code section

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30352(e)(6) specifies that the manufacturer of ammunition is defined by its federal licensure, the
Department has adopted the federal license as the appropriate identifying document.

The Department has added subdivision (a)(8) to specify the type of identification document that
will “properly” identify an authorized law enforcement representative of a city, county, city and
county, or state or federal government, which, as specified, is a class of persons exempted by
Penal Code section 30352, subdivision (e)(7), from certain requirements of the ammunition
authorization program. The Department determined that a written authorization from the head of
the agency authorizing the ammunition purchase or transfer, as described by Penal Code section
30352, subdivision (e)(7), is the best document to properly identify an authorized law
enforcement representative for the purpose of the exemption provided by Penal Code section
30352, subdivision (e). That section of Penal Code specifies the document that is to be used to
provide “proper written authorization.” Since Penal Code section 30352(e)(7) specifies that the
law enforcement representative is authorized by means of this written authorization, the
Department has adopted the written authorization as the appropriate identifying document. The
Department determined that no further interpretation is necessary to implement that statute. The
requirement is being duplicated here to provide clarity to the regulations by presenting all
documents that will “properly” identify all persons exempted from certain ammunition
authorization program requirements by Penal Code section 30352, subdivision (e).

The Department has added subdivision (a)(9), including (a)(9)(A) and (B) to specify the type of
identification documents that will “properly” identify a sworn peace officer, which, as specified,
is a class of persons exempted by Penal Code section 30352, subdivision (e)(8), from certain
requirements of the ammunition authorization program. The Department determined that the
sworn officer’s credential, along with a written certification from the head of the agency
authorizing the ammunition purchase or transfer, as described by Penal Code section 30352,
subdivision (e)(8)(B)(i), are the best documents to properly identify a sworn peace officer for the
purpose of the exemption provided by Penal Code section 30352, subdivision (e). The
Department determined that a written certification from the head of the agency authorizing the
ammunition purchase or transfer, as described by Penal Code section 30352, subdivision
(e)(8)(B)(i), is one such document to properly identify an authorized law enforcement
representative. That section of Penal Code specifies the document that is to be used to provide
“proper written authorization.” Since Penal Code section 30352(e)(8) specifies that the sworn
peace officer is authorized by means of this written certification, the Department has adopted the
written certification as one of the appropriate identifying documents. Unlike section 4306(a)(8),
which concerns a representative of a government who is purchasing or transferring ammunition
for the exclusive use by the government agency, 4306(a)(9) concerns the use of ammunition by a
particular individual – the sworn peace officer. As such, the Department determined that
“proper” identification requires identifying the individual officer. A “sworn state or local peace
officer’s credential” is defined in section 4301(q) as identification indicating an individual is a
sworn state or local peace officer pursuant to Part 2, Chapter 4.5 of the Penal Code. Because
such identification can take many forms, depending on the jurisdiction, the Department
determined that this definition provides the most effective manner in carrying out the purpose for
which the regulation is proposed. The officer’s credential, together with the written certification
from the head of the agency, will “properly” identify a sworn peace officer, as defined, who are

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exempted from certain ammunition authorization program requirements by Penal Code section
30352, subdivision (e)(8).

Additionally, the Department added to section 4306(a)(9)(B) a provision that had been provided
in subdivision (b) of the text as originally noticed, that limits the time for which the written
certification is valid. The Department determined that the certification should only be valid for
30 days after issuance, to ensure that the officer’s head of agency is aware of and authorizes all
ammunition purchases, and to ensure that the officer is still a full-time paid peace officer at the
time of the purchase or transfer of ammunition.

The Department has added subdivision (a)(10), including (a)(10)(A) and (B), to specify the type
of identification document that will “properly” identify a federal law enforcement officer, which,
as specified, is a class of persons exempted by Penal Code section 30352, subdivision (e)(8),
from certain requirements of the ammunition authorization program. The Department determined
that the federal law enforcement officer’s credential, along with a written certification from the
head of the agency authorizing the ammunition purchase or transfer, as described by Penal Code
section 30352, subdivision (e)(8)(B)(i), are the best documents to properly identify a federal law
enforcement officer for the purpose of the exemption provided by Penal Code section 30352,
subdivision (e). The Department determined that a written certification from the head of the
agency authorizing the ammunition purchase or transfer, as described by Penal Code section
30352, subdivision (e)(8)(B)(i), is one such document to properly identify a federal law
enforcement officer. That section of Penal Code specifies the document that is to be used to
provide “proper written authorization.” Since Penal Code section 30352(e)(8)(B)(i) specifies
that the federal law enforcement officer is authorized by means of this written certification, the
Department has adopted the written certification as one of the appropriate identifying documents.
Unlike section 4306(a)(8), which concerns a representative of a government who is purchasing
or transferring ammunition for the exclusive use by the government agency, 4306(a)(9) concerns
the use of ammunition by a particular individual – the federal law enforcement officer. As such,
the Department determined that “proper” identification requires identifying the individual
officer. A “sworn federal law enforcement officer’s credential” is defined in section 4301(p) as
identification indicating an individual is a sworn federal law enforcement officer. Because such
identification can take many forms, depending on the jurisdiction, the Department determined
that this definition provides the most effective manner in carrying out the purpose for which the
regulation is proposed. The officer’s credential, together with the written certification from the
head of the agency, will “properly” identify a sworn peace officer, as defined, who are exempted
from certain ammunition authorization program requirements by Penal Code section 30352,
subdivision (e)(8).

Additionally, the Department added a provision to section 4306(a)(10)(B) that had been provided
in subdivision (b) of the text as originally noticed, that limits the time for which the written
certification is valid. The Department determined that the certification should only be valid for a
30 days after issuance, to ensure that the officer’s head of agency is aware of and authorizes all
ammunition purchases, and to ensure that the officer is still a full-time paid peace officer at the
time of the purchase or transfer of ammunition.

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The Department added subdivision (b) to specify certain record keeping requirements for
ammunition vendors. Penal Code section 30352, subdivision (e)(8)(B)(iii) requires the
ammunition vendor to keep, with the record of sale, the verifiable written certification from the
head of agency, and to submit that certification to the Department. The Department interprets
the purpose of this requirement as allowing the Department to verify that the ammunition vendor
has complied with Penal Code section 30352, subdivision (e)(8). However, the certification, by
itself, would not verify compliance. The Department determined that it would also need to be
able to inspect the related identifying documents, as specified in section 4306, subdivisions
(a)(9) or (a)(10), and (c), to determine whether the person who purchased or received the transfer
of ammunition was a credentialed officer, and was the person identified in the written
certification.

The Department added subdivision (b)(1) to provide the ammunition vendor with an alternative
method of recordkeeping that will allow the Department to verify compliance with Penal Code
section 30352, subdivision (e)(8), in the event that the law enforcement agency does not allow
photocopies to be made of the officer’s credential. The Department is aware that certain statutes,
regulations and policies of federal, state, or local law enforcement agencies prohibit the
photocopying of official identification cards (e.g. Title 18, US Code Part I, Chapter 33, Section
701). In such a circumstance, the Department determined that the interest in being able to verify
that the person who purchased or received the transfer of ammunition was the person identified
in the written certification would best be accomplished by requiring the ammunition vendor to
retain another document that would be commonly available to a sworn peace officer or sworn
federal law enforcement officer. The Department determined that a business card meets this
requirement, so long as the ammunition vendor also personally views the credential.

The Department added subdivision (c) to specify a step that must be conducted at the time of
delivery. Subdivision (c) implements Penal Code section 30352, subdivision (c), which requires
that an ammunition vendor shall require “bona fide evidence of identity” from the purchaser or
transferee, to verify that the person who is receiving delivery of the ammunition is exempted
from the requirement to provide authorization. The persons exempted from certain requirements
of the ammunition authorization program by Penal Code section 30352, subdivision (e), which is
implemented by this section, must still comply with the requirement of Penal Code section
30352, subdivision (c). The term “bona fide evidence of identity” is defined by Penal Code
section 16300, a reference to which is provided here for ease of reference. The requirement to
provide this evidence of identity is being duplicated here to provide clarity to the regulations by
presenting, in this section, all of the requirements for completing a purchase or transfer that is
exempt from Penal Code section 30352, subdivisions (a) and (d).

The Department has determined that the person who verifies the bona fide evidence of identity
does not have to be the ammunition vendor COE holder, but may also be an authorized associate
or salesperson. This mirrors language in section 4308(c), for consistency, as well as proposed
changes to title 11, section 4210(a) in a separate rulemaking (see OAL File No. Z-2018-1127-05,
currently under review at the California Office of Administrative Law). Currently, section 4210
refers to firearms dealers and “their employees.” The Department is replacing the term
“employee” with “authorized associate or salesperson.” As noted in the Initial Statement of
Reasons for that rulemaking, “This change is necessary, as a dealer may not have employees. A

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dealer may only have independent contractors who perform DROS transactions on its behalf, and
anyone who works for a dealer, in any capacity, and will be using the DES needs to have his or
her own account for accurate tracking and accountability.” Conforming language has been used
in this rulemaking, and for the same reasons.

The Department further amended this section to make nonsubstantial changes to punctuation and
grammar. These are non-substantial changes because they clarify the regulation without
materially altering the requirements, rights, responsibilities, conditions, or prescriptions
contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

§ 4307. Telephonic Access for Ammunition Vendors.

The Department amended subdivision (a) to add a number to what had been the prefatory text, as
originally noticed. This change allows for subdivision (a) to be easily referenced. The
remainder of the section has been renumbered accordingly, including the cross-reference to
subdivision (b) in subdivision (c). These are non-substantial changes because they clarify the
regulation without materially altering the requirements, rights, responsibilities, conditions, or
prescriptions contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

The Department further amended subdivision (a) to make nonsubstantial changes to punctuation
and grammar. For example, the Department replaced the phrase “not being able to provide” with
“inability to provide,” which is more clear. These are non-substantial changes because they
clarify the regulation without materially altering the requirements, rights, responsibilities,
conditions, or prescriptions contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

The Department amended subdivision (c) to add the zip code to the address to which an
ammunition vendor shall mail an “Ammunition Vendor (Non-Firearms Dealer) Application for
Telephonic Approval,” form BOF 1020, as applicable. The zip code had been inadvertently
omitted in the text originally made available to the public. This is a non-substantial change
because it clarifies the regulation without materially altering the requirements, rights,
responsibilities, conditions, or prescriptions contained in the original text. (Cal. Code of Regs.,
tit. 1, § 40.)

The Department further amended subdivision (c) to make nonsubstantial changes to punctuation,
and to refer to the cross-reference as a “subdivision” and not a “paragraph.” These are non-
substantial changes because they clarify the regulation without materially altering the
requirements, rights, responsibilities, conditions, or prescriptions contained in the original text.
(Cal. Code of Regs., tit. 1, § 40.)

§4308. Delivery of Ammunition Following DES Submission.

The Department amended subdivision (a) to specify that the DES transaction record will change
for transactions conducted pursuant to sections 4302, 4303 or 4305. This amendment removes
sections 4304, 4306 and 4307 from the sections affected by 4308(a). Section 4304(a) already

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provides for when the purchaser or transferee may take possession of the ammunition under the
stated condition. An ammunition transaction conducted pursuant to section 4306 does not
require approval, and so will not have a DES transaction record that could change from
“Pending” to “Approved.” Section 4307 describes a condition where DES, an electronic system
accessed via an internet connection, is not accessible to an ammunition vendor, and therefore
will not have a DES transaction record that could change from “Pending” to “Approved.”

The Department amended subdivision (c) to specify additional steps that must be conducted at
the time of delivery. Subdivision (c)(1) implements Penal Code section 30352, subdivision (c),
which requires that an ammunition vendor shall require bona fide evidence of identity from the
purchaser or transferee, to verify that the person who is receiving delivery of the ammunition is
authorized to do so. The term “bona fide evidence of identity” is defined by Penal Code section
16300, a reference to which is provided here for ease of reference.

Subdivision (c)(2) implements Penal Code section 30352, subdivision (a), which requires an
ammunition vendor to record, at the time of delivery, certain specified information. That section
of Penal Code provides that the information shall be recorded “on a form to be prescribed by the
Department of Justice.” The DES website is the established portal through which ammunition
vendors communicate purchasers’ or transferees’ personal information to the Department for the
purpose of the ammunition eligibility checks and the COE verification process. It would be
unduly burdensome for ammunition vendors, and unnecessarily expensive for the Department to
develop and require use of a separate method of communicating purchasers’ or transferees’
personal information to the Department for the specific purpose of complying with Penal Code
section 30352, subdivision (a). The Department has deleted the portion of the text as initially
proposed that indicated that the purpose of the submission was “to record the time and date the
ammunition is delivered.” The information required by Penal Code section 30352, subdivision
(a) includes the date of the sale or transfer, but does not include the time of delivery. By
amending the text to refer directly to the information required by Penal Code section 30352,
subdivision (a), the regulation now directly implements that section. Both 4308(c)(1) and (c)(2)
provide clarity to the public as to what information is required by statute upon delivery of
ammunition. The statutory requirements are being duplicated here to provide clarity to the
regulations by presenting, in this section, all of the requirements for completing a purchase or
transfer conducted pursuant to sections 4302, 4303 or 4305.

The Department amended the authority section to include Penal Code section 30352. That
section provides authority for the requirements in subdivision (c).

§ 4309. Billing, Payment, and Suspension for Non-Payment.

The Department amended subdivision (b) to remove a hyphen from between the number “30”
and the word “day.” This change is solely grammatical in nature. This is a non-substantial
change because it clarifies the regulation without materially altering the requirements, rights,
responsibilities, conditions, or prescriptions contained in the original text. (Cal. Code of Regs.,
tit. 1, § 40.)

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The Department also amended subdivision (b) to remove a parenthetical clause that was intended
to clarify the regulation by reiterating the day of the month, as provided in subdivision (a), but
instead provided potential for confusion. This is a non-substantial change because it clarifies the
regulation without materially altering the requirements, rights, responsibilities, conditions, or
prescriptions contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

The Department amended subdivision (c) to make clear that the parenthetical identifies persons
who are included in the suspension of access to DES, as specified. This meaning was already
indicated by the parenthetical, but adding the word “including” makes the meaning more
straightforward. This is a non-substantial change because it clarifies the regulation without
materially altering the requirements, rights, responsibilities, conditions, or prescriptions
contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

The Department amended subdivision (d) to make a grammatical change. The Department has
replaced the definite article “the” with the possessive “their,” to clarify that the ammunition
vendor possesses the “status.” This is a non-substantial change because it clarifies the regulation
without materially altering the requirements, rights, responsibilities, conditions, or prescriptions
contained in the original text. (Cal. Code of Regs., tit. 1, § 40.)

The Department amended the reference section to remove an unnecessary comma. This is a non-
substantial change because it clarifies the regulation without materially altering the requirements,
rights, responsibilities, conditions, or prescriptions contained in the original text. (Cal. Code of
Regs., tit. 1, § 40.)

All other information provided in the Initial Statement of Reasons (inclusive of the addendum) is
accurate and current.

(Note: subsequent to submission of the rulemaking file to the Office of Administrative Law for
review, the Department made changes to this Final Statement of Reasons, and non-substantial
changes to the regulation text, such as changes to grammar and punctuation, as identified herein.)

DOCUMENTS INCORPORATED BY REFERENCE

Proposed section 4308 incorporates by reference form BOF 1020, “Ammunition Vendor (Non-
Firearms Dealer) Application for Telephonic Approval (Orig. 05/2018).” It would be
cumbersome, unduly expensive, or otherwise impractical to publish this entire form in the
California Code of Regulations. As indicated in the Notice of Proposed Action, the document
was available upon request directly from the agency, and was reasonably available to the
affected public on the Department’s rulemaking website. No change has been made to this
document subsequent to the notice.

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LOCAL MANDATE DETERMINATION

The Department determined that this regulatory action will not impose a mandate on local
agencies or school districts, nor does it require reimbursement by the State pursuant to Part 7
(commencing with Section 17500) of Division 4 of the Government Code. The Department has
also determined that no nondiscretionary costs or savings to local agencies or school districts will
result from this regulatory action. The Department determined that costs associated with
implementation of the requirement in Penal Code section 30352, subdivisions (e)(7) and (8) that
authorized law enforcement representatives and local law enforcement officers must deliver a
verifiable written certification from the head of the agency in order to qualify for the exemption,
as provided, do not constitute nondiscretionary costs. It should be noted that authorized law
enforcement representatives and local law enforcement officers are expressly exempt, pursuant
to Penal Code section 30312, subdivisions (c)(1) and (2), from the requirement that a sale of
ammunition shall be conducted by or processed through an ammunition vendor.

SUMMARY AND RESPONSE TO COMMENTS

During the 45-day public comment period (December 14, 2018 through January 31, 2019), the
Department received 219 different comments from 566 persons. In addition to receiving written
comments, the Department held two public hearings to receive oral testimony on the proposed
regulations. During the first hearing, held in Los Angeles on January 29, 2019, the Department
heard testimony from four people. Eleven people gave testimony in the second hearing in
Sacramento on January 31, 2019.

In order to properly manage the volume of public comment, the Department developed a system
consisting of a Comment/Response spreadsheet and Comment Identification Key to assist with
public comment organization. During the interpretive analysis of the public comments, a distinct
number was assigned to the summaries of each comment, recommendation and objection
(aggregated like-comment summaries were assigned the same number), and entered into the
Comment/Response spreadsheet. Attachment A (96 pages) is a summary of all comments
(written and oral) submitted during the 45-day comment period and the Department’s responses.
Attachment B is an alphabetical list (24 pages) of the commenters and identifies (by number) the
comment(s) made by each person.

The Department noticed the public on April 18, 2019 of modifications to the text of the proposed
regulations; an addendum to the Initial Statement of Reasons; and revisions to the Economic and
Fiscal Impact Statement. The notice inadvertently provided an email address that was unable to
accept incoming mail until April 22, 2019. Upon discovering this error, the Department sent a
revised notice on April 23, 2019 that included two functional email addresses, and extended the
comment period to May 8, 2019.

During the 15-Day comment period, the Department received 32 different comments from 139
persons. Attachment C (24 pages) is a summary of all comments submitted during the 15-day
comment period and the Department’s responses. Attachment D is an alphabetical list (6 pages)
of the commenters and identifies (by number) the comment(s) made by each person.

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Per the Administrative Procedures Act, for the purpose of these regulations, a comment is
“irrelevant” if it is not specifically directed at the agency’s proposed action or to the procedures
followed by the agency in proposing or adopting the action.

NONDUPLICATION STATEMENT

The proposed regulations partially duplicate or overlap a state statute or regulation which is cited
as “authority” and “reference” for the proposed regulations. The duplication or overlap is
necessary to satisfy the “clarity” standard of Government Code section 11349.1(a)(3).

ALTERNATIVES DETERMINATION

The Department determined that no alternative it considered or that was otherwise identified and
brought to its attention would be more effective in carrying out the purpose for which the
regulation is proposed, would be as effective as and less burdensome to affected private persons
than the adopted regulation, or would be more cost effective to affected private persons and
equally effective in implementing the statutory policy or other provision of law. The
Department’s reasons for rejecting any proposed alternatives are set forth in the responses to
comments.

ALTERNATIVES THAT WOULD LESSEN ADVERSE ECONOMIC IMPACT ON SMALL

BUSINESSES

The Department determined that no proposed alternative would be more cost effective to
affected small businesses and equally effective in implementing the statutory policy or other
provision of law. The Department’s reasons for rejecting any proposed alternatives are set forth
in the responses to comments.

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PUBLIC COMMENTS AND DEPARTMENT OF JUSTICE RESPONSES

# Summarized Comment DOJ Response

1. General opposition: a. The Department received a number of non-specific, generalized comments
in opposition to the ammunition purchases or transfers regulations. No
a. General opposition to the Ammunition Purchases or Transfers change has been made in response to these comments. The Department is
regulations. adopting the regulations for the reasons stated in the Initial Statement of
Reasons (inclusive of the addendum).
b. General opposition to Proposition 63 and SB 1235, and their
implementation. b. The Department also received a number of non-specific, generalized
comments in opposition to Proposition 63 and SB 1235, which are partially
implemented by these regulations. No change has been made in response to
these comments because the Department determines that these comments
object to the underlying statute and is not specifically directed at the
Department’s proposed action.
2. Opposition on the basis of the regulations’ alleged effect(s) on No change has been made in response to this comment because this is a
criminals: generalized comment in opposition to the proposed regulation and to the
underlying statute, and is neither specifically directed at the Department’s
a. Criminals do not follow the laws, and will still be able to proposed action nor to the procedures followed by the Department in
access ammunition. proposing or adopting the action. The Department is adopting the regulation
for the reasons stated in the Initial Statement of Reasons (inclusive of the
b. Criminals will still access ammunition by transporting it into addendum).
California from out of state.
Specifically:
c. Criminals will steal ammunition if they can’t buy it
legitimately. b. These regulations, which implement Penal Code sections 30352 and
30370, govern the procedure for in-state purchases. With certain specified
d. This will create a black market for ammunition. exemptions, Penal Code section 30314 makes it illegal for a California
resident to bring in ammunition from out of state.

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3. Opposition on the basis of the regulations’ alleged uselessness: No change has been made in response to this comment because the
Department determines that this comment objects to the underlying statute
a. These regulations will not do anything. and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
b. The proposed regulations will not reduce violence. action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).
c. This new law will not protect me from crime.

d. Because there are no benefits, this is simply a waste of time

and money.
4. Opposition on the basis of the regulations’ alleged negative No change has been made in response to this comment because the
effect on “good people”: Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
a. These new laws will only affect law-abiding citizens. to the procedures followed by the Department in proposing or adopting the
action. The proposed regulations will apply to everyone equally.
b. These regulations will turn good people into criminals.

c. These laws only punish, harass or inconvenience law-abiding

citizens (including those who shoot for sport, or at
tournaments).

d. This is just another way to treat gun owners as potential

felons.

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5. Opposition on the basis of the regulations’ alleged No change has been made in response to this comment because the
incompatibility with the Second Amendment to the United Department determines that this comment objects to any implementation of
States Constitution: the underlying statute. The Department has no authority to not implement the
underlying statute. Per Article 3, Section 3.5 of the Constitution of
a. The Ammunition Purchases and Transfers regulations California:
infringe on Second Amendment and/or other unspecified
Constitutional rights. An administrative agency, including an administrative agency created by
the Constitution or an initiative statute, has no power:
b. Ammunition is just as protected under the Second
Amendment as firearms. (a) To declare a statute unenforceable, or refuse to enforce a statute, on
the basis of it being unconstitutional unless an appellate court has made a
c. The Second Amendment is uniquely ignored, relative to determination that such statute is unconstitutional;
other enumerated rights.
(b) To declare a statute unconstitutional;

(c) To declare a statute unenforceable, or to refuse to enforce a statute on

the basis that federal law or federal regulations prohibit the enforcement
of such statute unless an appellate court has made a determination that the
enforcement of such statute is prohibited by federal law or federal
regulations.

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6. Opposition on the basis of the Department’s alleged No change has been made in response to this comment because the
totalitarianism: Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
a. You are a communist. to the procedures followed by the Department in proposing or adopting the
action.
b. You are like Hitler/Nazi Germany.
Alternatively, this comment may be interpreted as general opposition to the
c. You are tyrannical. ammunition purchases or transfers regulations. The Department is adopting
the regulations for the reasons stated in the Initial Statement of Reasons
(inclusive of the addendum).

Alternatively, this comment may be interpreted as a procedural objection.

The underlying statutes were amended according to procedures set forth by
the Constitution of the State of California. This regulation is being
promulgated in full compliance with the requirements of the Administrative
Procedure Act.
7. The amount of privately held ammunition in California is so No change has been made in response to this comment because the
large, there is no need to regulate the sale of ammunition. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).

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8. Opposition on the basis of the regulations’ alleged No change has been made in response to this comment because the
diminishment of one’s ability to act in self-defense: Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
a. I feel safe knowing that people have weapons and can protect to the procedures followed by the Department in proposing or adopting the
me. action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).
b. Firearms laws restrict people’s ability to defend themselves,
their homes and their property.

c. Firearms laws take weapons away from good people, making

them vulnerable to criminal activity, to invasion by foreign
powers, and to domestic tyranny.

d. Firearms laws increase violent crime. When there are fewer

firearms laws, the rate of violent crime decreases. This is
because widespread access to firearms deters criminal behavior.

e. Politicians and others have armed guards, which implies that

firearms are useful for defense.
9. Opposition on the basis of over-regulation: No change has been made in response to this comment because this is a
generalized comment in opposition to the regulation and to the underlying
a. There are too many firearms laws and regulations already. statute and is neither specifically directed at the Department’s proposed
action nor to the procedures followed by the Department in proposing or
b. There are too many laws and regulations generally. adopting the action. The Department is adopting the regulation for the
reasons stated in the Initial Statement of Reasons (inclusive of the
addendum).

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10. Opposition to this approach to public safety. No change has been made in response to this comment because the
Department determines that this comment objects to the underlying statute,
a. You should enforce current laws. and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
b. Focus on the criminals. action. The Department has determined that the proposed regulation is
necessary and is adopting the proposed regulation for the reasons stated in
c. California’s Public Safety Realignment has made the public the Initial Statement of Reasons (inclusive of the addendum).
vulnerable.
Specifically:
d. Harsher sentences for current laws would be more effective
in guaranteeing public safety. a. The proposed regulation will implement Penal Code sections 30352 and
30370. The proposed regulation will therefore directly support the
enforcement of current law.

11. Opposition based on the alleged ineffectiveness of firearms No change has been made in response to this comment because the
laws. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
a. Background checks on firearms do not work, and legislators to the procedures followed by the Department in proposing or adopting the
are adding new policies to address failed policies. action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).
b. Firearms laws, in California or elsewhere, do not work.
12. Opposition to the focus on ammunition as an object to be No change has been made in response to this comment because the
regulated: Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
a. Firearms and ammunition are inanimate objects. Laws should to the procedures followed by the Department in proposing or adopting the
focus on the people who use the objects. action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).
b. Any object can be used to commit a crime. That possibility
does not justify legal restrictions on that object.
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13. Background checks for ammunition purchases are inconvenient No change has been made in response to this comment because the
and costly. I do not want to wait, fill out paperwork, or to pay Department determines that this comment objects to the underlying statute
any more for ammunition. and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).
14. Opposition alleging misplaced priorities: No change has been made in response to this comment because the
Department determines that this comment objects to the underlying statute
a. New laws and regulations should focus on other issues. and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
b. The government of the State of California should focus on action. The Department is adopting the regulation for the reasons stated in
other issues. the Initial Statement of Reasons (inclusive of the addendum).

c. The Department of Justice should focus on other issues

instead of implementing the statutory requirements of Penal
Code sections 30352 and 30370.
15. Opposition to any increase in the cost of ammunition: No change has been made in response to this comment because the
Department determines that this comment objects to the underlying statute
a. A fee for an ammunition background check will make and is neither specifically directed at the Department’s proposed action nor
ammunition cost more. This will make legitimate activities, to the procedures followed by the Department in proposing or adopting the
like hunting, cost-prohibitive. action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).
b. Because there is a cost associated with background checks
for ammunition, these regulations will disproportionately affect Penal Code section 30370(c) and (e) require the Department to charge
lower income people who cannot afford that cost. ammunition purchasers a per transaction fee to pay for reasonable regulatory
and enforcement costs, within explicit statutory limits.

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16. Restricting ammunition purchases to lawful gun owners is like No change has been made in response to this comment because the
restricting gas sales to drivers, or matches to campers. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action.

Additionally, the Department disagrees that ammunition purchases will be

restricted to gun owners. Anyone who is not prohibited from purchasing or
possessing ammunition may do so by following the appropriate procedure, as
implemented by these regulations, regardless of firearm ownership.
17. Another overreach of regulation on honest gun owners. No change has been made in response to this comment because this is a
generalized comment in opposition to the regulation. The Department is
adopting the regulation for the reasons stated in the Initial Statement of
Reasons (inclusive of the addendum).

Alternatively, the comment may be interpreted as a claim that the proposed

regulations overextend the allowable scope set by statute. The Department
disagrees that it lacks authority to promulgate these regulations, and
contends that each regulation is specifically necessary, as explained in the
Initial Statement of Reasons (inclusive of the addendum).
18. Opposition based on alleged onerousness: No change has been made in response to this comment because this is a
generalized comment in opposition to the regulation. To the extent that this
a. These regulations will be overly burdensome to the public. comment relates to the requirement for eligibility checks for ammunition, the
Department determines that this comment objects to the underlying statute
b. These regulations are draconian. and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action.

Alternatively, the comment may be interpreted as a generalized objection

that the proposed regulations do not represent the best possible manner to
implement the underlying statute. No other reasonable alternative was
considered by the Department that would have been more effective, or as
effective and less burdensome.

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19. The writers of the regulations have a lack of knowledge about No change has been made in response to this comment because this is a
the subject matter and do not know what they are talking about. generalized comment in opposition to the regulation and is neither
specifically directed at the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.
The Department is adopting the regulation for the reasons stated in the Initial
Statement of Reasons (inclusive of the addendum).

20. Opposition based on an alleged lack of necessity, generally: No change has been made in response to this comment.

a. The proposed regulations, in general, seem to be Specifically:

unnecessary.
a. No change has been made in response to this comment because this is a
b. The new laws are unnecessary. generalized comment in opposition to the regulation and is neither
specifically directed at the Department’s proposed action nor to the
c. Background checks for the purchase of ammunition are procedures followed by the Department in proposing or adopting the action.
unnecessary generally. The Department is adopting the regulation for the reasons stated in the Initial
Statement of Reasons (inclusive of the addendum).

b. & c. No change has been made in response to this comment because the
Department determines that this comment objects to the underlying statute,
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).
21. Holders of a permit to carry a concealed weapon (CCW) should No change has been made in response to this comment. Penal Code section
be exempt due to the fact that they have already passed a 30352, subdivision (e) provides an exhaustive list of categories of
background check and renew every two years. individuals who are exempt from the requirement to obtain approval from
the Department prior to the sale or transfer of ammunition. The Department
lacks the authority to expand upon these statutory exemptions.

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22. I suggest that you modify the Firearms Safety Certificate (FSC) No change has been made in response to this comment. Penal Code section
program to allow an FSC holder to purchase ammunition 30352, subdivision (e) provides an exhaustive list of categories of
without additional cost or inconvenience. For those people who individuals who are exempt from the requirement to obtain approval from
have already undergone a background check, a DOJ certificate the Department prior to the sale or transfer of ammunition. The Department
and photo ID should suffice. lacks the authority to expand upon these statutory exemptions.

23. Opposition to the requirement in proposed section 4306(b) that No change has been made in response to this comment. Specifically:
vendors keep certain specified records:
a. Penal Code section 30352(e)(8)(B) requires a properly identified sworn
a. I see no reason for burdensome record keeping on the part of peace officer to provide both (1) verifiable written certification, and (2) bona
the vender. fide evidence of identity, in order to qualify for the exemption provided by
subdivision (e). Both documents are required in order to verify that the
b. Specifically, the additional information required by proposed person who is receiving delivery of the ammunition qualifies for the
section 4306(b), which is not required by statute. exemption. The only reasonable interpretation of statute that would allow the
Department to enforce the statutory requirement that both documents are
provided is for the vendor to keep a copy of both documents, and then
provide them to the Department upon request. The Department therefore has
both implied authority to require the vendor to keep copies of both
documents, and express authority to implement the provisions of Penal Code
section 30352, as granted by subdivision (f) of that section.

b. Penal Code section 30352(e)(8)(B)(ii) requires bona fide evidence of

identity from the purchaser, to verify that he or she is the person authorized
in the certification defined by 30352(e)(8)(B)(i). The term “bona fide
evidence of identity” is defined in Penal Code section 16300 as a document
issued by a federal, state, county or municipal government that bears the
name, date of birth, description and picture of the person. The Department
decided that the requirement that a person qualifying for the peace officer
exemption in Penal Code section 30352(e)(8) provide bona fide evidence of
identity is most effectively implemented by specifying, as allowable
identification, those forms of government-issued identification that are
particular to, and common to sworn peace officers, as specified in proposed
section 4306(b).

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24. Opposition regarding limits to ammunition sales: No change has been made in response to this comment. There is no current
or proposed limit on the amount of ammunition that may be purchased.
a. These regulations impose limits on the amount of Therefore these comments are neither specifically directed at the
ammunition that may be purchased. I oppose any such limit. Department’s proposed action nor to the procedures followed by the
Department in proposing or adopting the action.
b. A limit on the amount of ammunition should exempt people
who shoot often or in large quantities (e.g., at competitions).

c. How are limits on ammunition sales going to be enforced, if

someone can attempt to purchase ammunition at multiple stores
on the same day?
25. Opposition to increased governmental work/bureaucracy: No change has been made in response to this comment because the
Department determines that this comment objects to the underlying statute
a. This will create an incredible workload on the Department of and is neither specifically directed at the Department’s proposed action nor
Justice, or other law enforcement personnel, even if to the procedures followed by the Department in proposing or adopting the
computerized. action.

b. The Department of Justice is barely able to complete its Alternatively, the comment may be interpreted as a claim that the proposed
current workload regarding background checks for firearms, regulations do not represent the best possible manner to implement the
which are less frequent than ammunition purchases. underlying statute. No other reasonable alternative was considered by the
Department that would have been more effective in carrying out the purpose
c. This will increase government bureaucracy, which is for which the action is proposed, or as effective and less burdensome.
cumbersome and bad.

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26. Opposition to alleged hardships placed on ammunition vendors: No change has been made in response to this comment because the
Department determines that this comment objects to the underlying statute
a. Very difficult and time consuming for Dealers, which means a and is neither specifically directed at the Department’s proposed action nor
waste of business resources that could be applied to improving to the procedures followed by the Department in proposing or adopting the
customer service in other areas. action.

b. Ammunition dealers will close because they will sell less Alternatively, the comment may be interpreted as a claim that the proposed
ammunition. This will lead to job loss. regulations do not represent the best possible manner to implement the
underlying statute. No other reasonable alternative was considered by the
c. Ammunition dealers will close because of the time, paperwork Department that would have been more effective, or as effective and less
and expense of complying with these regulations. burdensome.
d. Stores that sell other products will stop selling ammunition
because of the added time and expense that are being imposed by
these regulations.

27. The State of California tried something exactly like this several No change has been made in response to this comment because the
years ago, where you had to sign a sales record every time you Department determines that this comment objects to the underlying statute
purchased ammo. This program was cancelled because it didn’t and is neither specifically directed at the Department’s proposed action nor
work, cost a substantial portion of taxpayer funds to operate, and to the procedures followed by the Department in proposing or adopting the
required a large amount of paperwork that was hard to keep track action.
of, so I really don’t understand why the State would try and
implement a similar program that probably won’t work either.

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28. My question regards the new ammo regulations being proposed No change has been made in response to this comment.
and the difference between section 30370(b) and section 30370(c),
i.e. the standard ammo check and the one-time ammo check. The Penal Code section 30370(c) specifies that the Department shall “recover the
former has a fee of $1 and the latter a fee of $19. Are these cost of processing and regulatory and enforcement activities” related to that
cumulative? It appears to say the standard check with the one section by charging the ammunition transaction of purchase applicant a fee
dollar fee is necessary to determine eligibility and the one-time not to exceed the fee charged for the Dealers’ Record of Sale (DROS)
check with the nineteen dollar fee is necessary to actually make the process, which is currently $19 (see 11 CCR 4001) for each ammunition
purchase. Is this correct? It will cost $20 to purchase ammo transaction or purchase undertaken as specified.
regardless of the amount?
Penal Code section 30370(e), specifies a per transaction fee of up to $1 to
“recover the reasonable cost of regulatory and enforcement activities related
to this article.” The Department has interpreted this subdivision to mean that
a fee of up to $1 could be recovered for any activity where another fee has
not otherwise been specified (i.e., an eligibility check conducted pursuant to
30370(c)). The two fees are not cumulative.

Per Penal Code section 30370(a), there are three categories of persons
authorized to purchase ammunition:

• A person with an up to date entry in the Automated Firearms System,

and who is eligible to purchase ammunition, per Penal Code section
30370(a)(1) and (b); and
• A person with a current Certificate of Eligibility, per Penal Code
section 30370(a)(2).
• A person who undergoes the Basic Ammunition Eligibility Check,
per Penal Code section 30370(a)(3) and (c).

The $1 fee would apply to the first and second categories of purchasers or
transferees.

The $19 fee would apply to the third category of purchasers or transferees.

The Department disagrees that the proposed regulation does not meet the
“clarity” standard with respect to the cost distinction between the types of
eligibility check and COE verification. The proposed regulations add three
distinct sections, 4302, 4303 and 4305, with different titles, different
operative conditions, and with clearly specified dollar amounts for each type
of eligibility check or verification.
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29. Is there no exception or adjustment for rental guns at No change has been made in response to this comment. Penal Code section
ranges? Currently, a gun can be rented for a hour but ammo 30352, subdivision (e)(3) provides that vendors may sell or transfer
must be purchased at the range. Usually this amounts to a 20 or ammunition to individuals without prior approval by the Department if the
30 round box. In the case of .22 ammo, the cost is relatively person “purchases or receives ammunition at a target facility holding a
inexpensive at about $3 or $4 for a small box. Am I to business or other regulatory license, provided that the ammunition is at all
understand that if I rent a .22 gun and buy a small box of ammo times kept within the facility’s premises.” Since an ammunition vendor
I would have to pay $20 for permission to buy the ammo would not need approval from the Department prior to selling the
costing only $3 or $4 dollars? ammunition, there would be no eligibility check, and no fee.

The Department disagrees that the proposed regulation does not meet the
“clarity” standard with respect to this statutory exemption. It is not
necessary for the Department to list every possible exemption listed in
statute, in order to implement the eligibility check that is mandated by
statute.
30. I have to mention the short time allowed for comments. Why No change has been made in response to this comment. The Department
was the publication of the proposed regulations delayed, so that interprets this comment as confusing the current rulemaking with the
it had to be submitted as an emergency? “Emergency Regulations Regarding Firearms: Identifying Info” (OAL
Emergency Number 2018-1218-01E), which were noticed to the public on
December 11, 2018.

The current rulemaking, regarding Ammunition Purchases and Transfers,

was noticed to the public on December 14, 2018. The public comment
period closed at 5 p.m. on January 31, a period of 48 days. The
Administrative Procedures Act requires a minimum 45-day comment period.
31. The estimates of costs and revenue are actually guesses. We No change has been made in response to this comment. As stated in the
have no idea how much ammunition is actually bought and sold Economic Impact Assessment in the Initial Statement of Reasons, the
in California, or for that matter, how many rounds are in the Department has used the most reasonable estimates derived from extensive
average box. research into sales of ammunition.

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32. Opposition to transfer restrictions: No change has been made in response to this comment because the
Department determines that this comment objects to the underlying statute
a. We can no longer buy ammunition for family and friends. and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
b. We should be able to share our ammunition with others. action.

Specifically:

a. Per Penal Code section 30312, subdivision (c)(10), a person is exempted

from transfer requirements who purchases or receives ammunition from a
spouse, registered domestic partner, or immediate family member as defined
in Section 16720.
33. The regulations are confusing and incomplete. The regulations In response to this comment, the Department has changed the definition of
mention a COE, but not how to get one, what is the cost, the “Certificate of Eligibility or COE” in proposed section 4301, to directly refer
term, or how having a COE affects the cost of a purchase. to the statute that created the COE program. Additional specifications
regarding Certificates of Eligibility are stipulated under California Code of
Regulations, title 11, sections 4036-4041, which the Department has decided
not to duplicate in these proposed regulations.

The Department disagrees that the proposed regulation does not meet the
“clarity” standard with respect to how having a COE affects the cost of the
purchase. The cost of the purchase for those individuals with a COE is
outlined in section 4305 of the proposed regulations.

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34. Ah yes, Dem's want to limit ammo sales for...what's the excuse No change has been made in response to this comment because the
this time?...PUBLIC SAFETY! Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
Of course, requiring helmets for all vehicle drivers would save to the procedures followed by the Department in proposing or adopting the
1000's (10,000+?) more lives each year, so why don't CA action. The Department is adopting the regulation for the reasons stated in
Dem's do it? the Initial Statement of Reasons (inclusive of the addendum).

Easy, most voters don't want the inconvenience. Same with

other easy fixes for public safety, like grab bars in bathtubs to
stop slip & fall deaths, which kill over 25,000/year, mostly old
women.

https://listosaur.com/miscellaneous/top-5-causes-of-accidental-
death-in-the-united-states/

So why bother with ammo? Also easy, Most Dem's are too
frightened & weak to provide for their own safety, so they want
private firearms severely limited, if not banned. They also
deeply fear their fellow citizens that own guns, & want them
disarmed. To most Dem's, guns are evil & gun-owners are
sinners. Ask them, they'll tell you.

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35. Opposition to an anticipated cost that will be incurred by the No change has been made in response to this comment because the
state because of the regulations: Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
a. Background checks on ammunition purchases will cost the to the procedures followed by the Department in proposing or adopting the
state too much money to implement/enforce. action.

b. This will lead to an increase in taxes, which I oppose. Alternatively, the comments may be interpreted as a claim that the proposed
regulations do not represent the best possible manner to implement the
c. This will result in litigation, the cost of which will be borne underlying statute. No other reasonable alternative was considered by the
by taxpayers. Department that would have been more effective, or as effective and less
burdensome.

Specifically:

a. Per Penal Code section 30370, subdivisions (c) and (e), the
Department is required to recover the cost of activities related to the
ammunition authorization program by charging ammunition
purchasers and transferees a per transaction fee, and not through a
tax.
36. I have attempted to read the PDF released by your department The Department interprets this comment as a procedural objection regarding
on the proposed regulations but the file conveniently fails to Government Code section 11346.4, subdivision (a)(6). No other
load. How can you expect the general public to comment on commenter expressed any difficulty accessing the information noticed by
regulations you do not make accessible to them? the Department and made available on the Department’s website.
Commenters may also request copies of documents by contacting the
Department at the email address or telephone number listed in the Notice
of Proposed Rulemaking.

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37. Instead of the proposed regulations, I would like to see those No change has been made in response to this comment because the
who are convicted of violent crime who used a firearm have to Department determines that this comment objects to the underlying statute
pay into a restitution fund, databases in use to keep track of and is neither specifically directed at the Department’s proposed action nor
prohibited persons, and safe handling classes for the general to the procedures followed by the Department in proposing or adopting the
public. action.

Alternatively, the comment may be interpreted as a claim that the proposed

regulations do not represent the best possible manner to implement the
underlying statute. The alternative presented here would not implement
Penal Code sections 30352 or 30370, and therefore is not more effective, or
as effective and less burdensome than the regulations as proposed by the
Department.
38. There must be an exemption for gun clubs and shooting sports No change has been made in response to this comment because the
associations that purchase ammunition in bulk and then provide Department determines that this comment objects to the underlying
it to members to train with or shoot at a competition. statute and is neither specifically directed at the Department’s proposed
action nor to the procedures followed by the Department in proposing or
adopting the regulation.

Penal Code section 30352, subdivision (e) provides an exhaustive list of

categories of individuals who are exempt from the requirement to obtain
approval from the Department prior to the sale or transfer of ammunition.
The Department lacks the authority to expand upon these statutory
exemptions.
39. Objections to an alleged hardship on those who purchase large No change has been made in response to this comment. The Department
quantities of ammunition at a time: disagrees with this comment. The fee for the background check is
charged per transaction, regardless of the amount of ammunition
a. These regulations will unjustly affect individuals who purchased in that transaction.
purchase large quantities of ammunition at a time.

b. These regulations will unjustly affect individuals who use

large quantities of ammunition at a time.

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40. Limiting the ability to engage in internet ammunition purchases No change has been made in response to this comment because the
and/or to bring in ammunition from out-of-state infringes upon Department determines that this comment objects to Penal Code sections
interstate commerce. 30314 and 30312, and is neither specifically directed at the Department’s
proposed action nor to the procedures followed by the Department in
proposing or adopting the regulation.
41. People will leave California because they do not want to No change has been made in response to this comment because the
comply with the background check requirement for Department determines that this comment objects to the underlying statute
ammunition. This will result in an economic impact that has not and is neither specifically directed at the Department’s proposed action nor
been considered. to the procedures followed by the Department in proposing or adopting the
action.
42. Background checks for ammunition will result in a logjam. No change has been made in response to this comment. The Department
determines that a “logjam” refers to a potential backlog or slowdown of the
process of purchasing ammunition. The Department determines that this
comment objects to the underlying statutory ammunition authorization
program rather than to the way the agency proposes to interpret it.

Alternatively, the comment may be interpreted as a claim that the proposed

regulations do not represent the best possible manner to implement the
underlying statute. As stated in the Initial Statement of Reasons (inclusive of
the addendum), the Department estimates that 98 percent of eligibility
checks will take approximately two minutes to process. No other reasonable
alternative was considered by the Department that would have been more
effective, or as effective and less burdensome.
43. Opposition to the perceived inability of people from out of state No change has been made in response to this comment. See the
to buy or transfer ammunition: Department’s response to comment #67(b), below.

a. This law prohibits out of state shooters from legally buying

their ammunition. This will disincentivize them from visiting
California, thereby negatively impacting the economy.

b. Shooting competitions will no longer be able to include

people from out of state.

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# Summarized Comment DOJ Response

44. Background checks for ammunition will lead to distrust of No change has been made in response to this comment because the
government. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action.
45. Objections regarding either alleged secret plans/laws, or alleged No change has been made in response to this comment because the
future plans/laws: Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
a. Background checks for ammunition are part of a secret plan to to the procedures followed by the Department in proposing or adopting the
track, outlaw and/or confiscate all firearms. action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).
b. This is part of a secret plan to register firearms, either currently
or in the future. Registration of firearms is illegal.

c. These requirements will lead to further laws restricting firearms

or ammunition.
46. A background check is already required to purchase a firearm. It No change has been made in response to this comment because the
is therefore unnecessary for firearm owners to pass an additional Department determines that this comment objects to the underlying statute
background check to purchase ammunition. and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action.
47. A better way to decrease crime would be to deport individuals who No change has been made in response to this comment because the
are in the country unlawfully. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action.

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48. These regulations negatively affect an individual who buys No change has been made in response to this comment because it is not clear
ammunition for firearms that they do not possess, such as a what relationship the commenter believes to exist between purchased
friend’s firearms, which they may borrow. ammunition and a borrowed firearm.

The comment may be interpreted as opposing a perceived restriction on

ammunition purchases to only those types of ammunition that would be used
in a firearm owned by the purchaser. The proposed regulations in no way
restrict the types of ammunition that may be purchased.

Alternatively, the comment may be interpreted as opposing a perceived

restriction on ammunition purchases to only people who own or possess
firearms. The Department disagrees that ammunition purchases will be
restricted only to people who own or possess a firearm. Anyone who is not
prohibited from purchasing or possessing ammunition may do so, by
following the appropriate procedure, as implemented by these regulations,
regardless of current firearm possession or ownership.
49. The regulations do not exempt retired law enforcement officers, No change has been made in response to this comment. Penal Code section
who may still be able to carry concealed weapons. 30352, subdivision (e) provides an exhaustive list of categories of people
who are exempt from the requirement to obtain approval from the
Department prior to the sale or transfer of ammunition. The Department
lacks the authority to expand upon these statutory exemptions.
50. Opposition to requirements placed on law enforcement: No change has been made in response to this comment. Specifically:

a. Active officers at the state and federal level -- it is requiring that a. No objection was made, nor was any recommendation proposed.
the agency head give them a special letter authorizing them to buy Alternatively, this is a generalized comment in opposition to the regulation.
ammunition to practice.
b. The Department determines that this comment objects to the underlying
b. Requiring active duty law enforcement officers to provide a statute rather than to the way the agency proposes to interpret it. Penal Code
letter from their agency head to purchase ammunition is idiotic. section 30352, subdivision (e)(8)(B)(i) requires law enforcement officers to
provide verifiable written certification from the head of the agency by which
the purchaser or transferee is employed.

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# Summarized Comment DOJ Response

51. A Californian who wants to use a firearm in another state will have No change has been made in response to this comment because the
to purchase ammunition in that state, and not in California. Department determines that this comment objects to the underlying statute,
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action.

For the purpose of clarity: the changes made to statute due to Proposition 63
and Senate Bill 1235, which these regulations implement in part, do not
prohibit export of ammunition out of California. It is currently legal to buy
ammunition in California and take it out of state for lawful use.
52. These regulations may be, or are certainly, unenforceable. No change has been made in response to this comment because this is a
generalized comment in opposition to the regulation and is neither
specifically directed at the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.

Alternatively, the comment may be interpreted as a claim that the proposed

regulations do not represent the best possible manner to implement the
underlying statute. No other reasonable alternative was considered by the
Department that would have been more effective in carrying out the purpose
for which the action is proposed, or as effective and less burdensome.

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# Summarized Comment DOJ Response

53. Certain local jurisdictions already require an ammunition No change has been made in response to this comment because this is a
purchaser to provide identifying information, making these generalized comment in opposition to the regulation. The Department has
regulations superfluous. determined that the proposed regulation is necessary and is adopting the
proposed regulation for the reasons stated in the Initial Statement of Reasons
(inclusive of the addendum).

Alternatively, the comment may be interpreted as a claim that the proposed

regulations do not represent the best possible manner to implement the
underlying statute. No other reasonable alternative was considered by the
Department that would have been more effective in carrying out the purpose
for which the action is proposed, or as effective and less burdensome.

Alternatively, the comment may be interpreted as objecting to the underlying

statute, and is neither specifically directed at the Department’s proposed
action nor to the procedures followed by the Department in proposing or
adopting the action.
54. This new law will not prevent someone from giving ammunition to No change has been made in response to this comment because the
someone else. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action.
55. The Department of Justice does not currently have a system to No change has been made in response to this comment. This rulemaking is
regulate ammunition purchases. one part of a larger effort by the Department to create a system to regulate
ammunition purchases. Among other preparatory activities, the Department
is in the process of enhancing the Dealer Record of Sale Entry System (DES)
to authorize ammunition purchases in compliance with Penal Code sections
30352 and 30370. The Department will be able to implement those sections
by July 1, 2019, when the requirement for approval prior to an ammunition
purchase goes into effect.

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# Summarized Comment DOJ Response

56. Opposition based on an alleged illegitimate acquisitiveness by the No change has been made in response to this comment because the
government: Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
a. This law is solely or primarily a means to increase state revenue. to the procedures followed by the Department in proposing or adopting the
action. As explained in the Initial Statement of Reasons (inclusive of the
b. Specifically, money is being raised by targeting a politically- addendum), all fees collected pursuant to these regulations will be used to
disfavored group of citizens. recover the cost of processing and regulatory and enforcement activities
related to the ammunition authorization program.
57. Law enforcement in California does not want background checks No change has been made in response to this comment because the
for ammunition. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action.
58. The Department of Justice should concentrate its efforts on No change has been made in response to this comment because the
identifying criminals and the mentally unstable. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action.

Alternatively, the comment may be interpreted as a claim that the proposed

regulations do not represent the best possible manner to implement the
underlying statute. No other reasonable alternative was considered by the
Department that would have been more effective in carrying out the purpose
for which the action is proposed, or as effective and less burdensome.

59. I support background checks for ammunition purchases but not No change has been made in response to this comment because the comment
limits. is neither specifically directed at the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.
There is no current or proposed limit on the amount of ammunition that may
be purchased.

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60. “They will be bad law and quite the insult if enforced.” No change has been made in response to this comment because the
Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action.
61. Opposition to a perceived $50 fee: No change has been made in response to this comment because the
Department determines that this comment is neither specifically directed at
a. My understanding is that it will cost $50 for a background check the Department’s proposed action nor to the procedures followed by the
to buy ammunition. If a DROS background check is $25, why Department in proposing or adopting the action.
does it cost twice as much?
The comment appears to be referring to a provision of Proposition 63 which
b. There will be a $50 fee every two years. did not become operative. That provision would have allowed the
Department to charge a fee not to exceed $50 for an ammunition purchase
authorization (see Proposition 63, Penal Code section 30370). That
provisions was superseded by the ammunition authorization program
required by Senate Bill 1235, which these regulations implement.
62. If I have a California hunting license, which AB 711 is supposed No change has been made in response to this comment. The purpose of AB
to provide FREE (lead-free) ammunition for, why should I incur 711 is to promote the use of lead-free ammunition. The purpose of
an additional ammo expense as a disabled veteran? Proposition 63 and SB 1235 is to ensure that prohibited persons do not
purchase ammunition. These two legislative purposes are not in conflict.
The proposed regulations will not prevent the acquisition of lead-free
ammunition. However they are acquired, the fee to recover the cost of
processing and regulatory and enforcement activities related to Penal Code
section 30370 would still apply.

To the extent this comment requests an exemption for disabled veterans,

Penal Code section 30352, subdivision (e) provides an exhaustive list of
categories of individuals who are exempt from the requirement to obtain
approval from the Department prior to the sale or transfer of ammunition.
The Department lacks the authority to expand upon these statutory
exemptions.

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63. As a threshold matter, DOJ’s proposed regulations are incomplete. The Department has amended the proposed regulations in response to this
comment.
a. Key aspects of the proposal are missing, such as how licensed
ammunition vendors are to determine which proposed background Specifically:
check process to use for a particular customer due to the varying
options. a. Sections 4301, 4302, 4303, and 4305 have been amended to provide
additional clarity as to how an eligibility check may be requested, as well as
b. Both our clients and our office have been informed by multiple the statutory criteria which a purchaser or transferee may use to decide
DOJ representatives that DOJ intends to propose additional which eligibility check to request. The regulations, in conjunction with Penal
regulations regarding the sale or transfer of ammunition beyond Code section 30370, subdivision (a), make plain each option and when each
this proposal. Presumably, those regulations will address the many is appropriate.
gaps in this current proposal.
The Department does not have the authority to mandate which procedure a
Under the APA, the clarity of a proposed regulation may be purchaser or transferee uses to seek authorization to purchase ammunition.
considered in the context of related regulations already in If an individual’s information does not match an entry in the AFS system,
existence. Following that same logic, the clarity of a proposed and the individual does not hold a current Certificate of Eligibility, the
regulation may be considered in the context of related regulations individual may only be eligible for a Basic Ammunition Eligibility Check.
that have yet to be proposed. Without the anticipated additional However, by statute, certain persons may gain authorization in multiple
regulations that have yet to be proposed, the meaning of the ways. If an individual’s personal information matches an entry in the AFS
regulations cannot be said to be easily understood by those persons (e.g., from a previous firearm transaction), the individual is eligible for both
directly affected by them. a Basic Ammunition Eligibility Check and a Standard Ammunition
Eligibility Check. If an individual holds a current Certificate of Eligibility,
As a result, DOJ’s proposal as currently written fails to satisfy the the individual is eligible for both a Basic Ammunition Eligibility Check and
clarity requirement of the APA. The public is entitled to see the the COE Verification process. An individual could hold a current Certificate
entire regulatory package together, not in this piecemeal fashion. of Eligibility, and have personal information that matches an entry in AFS,
DOJ should amend the proposal to include any and all additional and also qualify for the authorization provided by the Basic Ammunition
regulations to ensure the proposal satisfies the clarity requirement Eligibility Check. Instead of mandating which ammunition eligibility
of the APA as well as providing members of the public a process a person shall request, the Department determined that the most
meaningful opportunity to comment. effective way of clarifying the multiple methods of gaining authorization, as
provided by statute, is to clearly present each process and its attendant
requirements. The proposed regulations satisfy this goal. Ammunition
vendors are free to inquire of the potential purchaser or transferee about their
potential eligibility, before requesting one of the three types of eligibility
checks.

b. No change has been made in response to this comment. This rulemaking

encompasses regulatory changes specifically necessary to implement the

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# Summarized Comment DOJ Response

ammunition authorization program pursuant to Penal Code sections 30352

and 30370. The Department is adopting the regulation for the reasons stated
in the Initial Statement of Reasons (inclusive of the addendum).

The Department rejects the contention that every other rulemaking that may
affect ammunition purchases would need to be combined into one single
rulemaking. For example, the Department is currently in the process of
proposing regulations regarding the Automated Firearms System (AFS), a
system that was established in 1900 (see OAL Notice File Number Z-2018-
0910-02). The proposed changes to those regulations will, in part, allow an
individual to access and update his or her AFS records. This ability may
prove useful for individuals who seek authorization to purchase ammunition
pursuant to proposed section 4302 of these regulations, but the ability to
update an AFS record is in no way specific to ammunition purchases. All
rulemakings are being promulgated in full compliance with the notice-and-
comment requirements of the Administrative Procedure Act.

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64. PROPOSED SECTION 4301. There is a fundamental flaw in DOJ’s The Department has amended the proposed regulations in response to this
proposed definition—AFS records do not identify an comment. Section 4301 has been amended to provide a clearer definition of
individual as an owner of a firearm. Indeed, the former head of the Automated Firearm System, and now cites the Penal Code section that
DOJ’s Bureau of Firearms Division, Stephen Lindley, recently established that system, to allow for further reference.
testified as an expert witness to that effect. In his report, Mr.
Lindley stated that “no local law enforcement agency should rely The Department is currently in the process of proposing regulations
upon AFS as the sole basis for establishing ownership of a firearm regarding the Automated Firearms System (see OAL Notice File Number Z-
or rejecting a claim of ownership” because “AFS merely serves as 2018-0910-02). The Department has determined that that rulemaking is a
a database of transaction records related to a firearm.” more appropriate place to provide a nuanced definition of the Automated
Firearms System.
Mr. Lindley’s testimony echoes a prior information bulletin
authored by DOJ’s Division of Law Enforcement submitted to all
California Sheriffs and Chiefs of Police. As noted by DOJ in this
bulletin, it is likely that many long guns are not recorded in
AFS for various reasons. And because not all handguns were
required to be sold through a California licensed firearms
dealer prior to 1991, there are a great number of lawfully
owned handguns that were not subject to any requirement that
the transaction be recorded in AFS. As a result, DOJ’s bulletin
emphasizes that:

[An] AFS transaction record simply means that on the date of

transaction (DOT), the individual was eligible to own/possess
firearms. It does not indicate ownership of the firearm.

DOJ’s Initial Statement of Reasons (“ISOR”) claims the proposed

definitions “will help to eliminate any misunderstandings between
the Department and the public.” Given DOJ’s clear, prior
interpretations (at least one of which was expressed to all
California law enforcement professionals), DOJ should ensure
consistency to help eliminate any misunderstanding. To that end,
we suggest the definition for “AFS Record” instead read:

[A] firearm record on file with the Department that indicates

on the date of the transaction, the individual was eligible to
own and possess firearms. An AFS record has been
established with the Department when an individual has either
purchased or transferred a rifle or shotgun through a
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# Summarized Comment DOJ Response

California licensed firearms dealer on or after January 1,

2014, or an individual has purchased or transferred a
handgun through a California licensed firearms dealer at any
time. An AFS record may also be established after the
Department processes an individual’s assault weapon
registration or an individual’s report of firearm ownership.

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# Summarized Comment DOJ Response

65. PROPOSED SECTION 4302. Proposed section 4302 concerns what No change has been made in response to this comment. The Department
DOJ refers to as the “Standard Ammunition Eligibility Check.” As disagrees that the fee exceeds its reasonable cost of regulatory and
stated in proposed subsection (a), “the fee for a Standard enforcement activities related to ammunition purchases. The Department is
Ammunition Eligibility Check is $1.00.” In addition to citing adopting the regulation, including the establishment of the $1 fee for a
subdivision (e) of Penal Code section 30370 for authority, DOJ Standard Ammunition Eligibility Check, for the reasons stated in the Initial
states in their ISOR that subdivision (a) is necessary to specify the Statement of Reasons (inclusive of the addendum).
fee assessed and to recover the total cost of implementation.

Section (e) of Penal Code section 30370 states that DOJ “shall
recover the reasonable cost of regulatory and enforcement
activities related to this article by charging ammunition purchasers
and transferees a per transaction fee not to exceed one dollar ($1)”
and “not to exceed the reasonable regulatory and enforcement
costs.” In its ISOR, DOJ states that the fees collected pursuant to
this subsection “will be used to repay the loan for start up costs” as
well as “salaries of the 73 permanent employees.” DOJ has not
specified, however, if the fee will be reduced once the initial loan
for start up costs is paid in full. What’s more, DOJ has not
specified how the 73 employees will be used, if at all, when
processing what is presumably a fully automated check of the AFS
system.

As a result, the proposed $1 fee exceeds DOJ’s regulatory

authority as it is not consistent with the authorizing statute.

DOJ’s authority to impose a fee is also generally limited by

subsection (b)(1) of Government Code section 11010, which states
that no state agency “shall levy or collect any fee or charge in an
amount that exceeds the estimated actual or reasonable cost of
providing the service, inspection, or audit for which the fee or
charge is levied or collected.”

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66. The proposed regulations lack crucial information as to when or The Department has amended the proposed regulations in response to this
how a licensed ammunition vendor must use the Standard comment. Sections 4301, 4302, 4303, and 4305 have been amended to
Ammunition Eligibility Check process. Potential ammunition provide additional clarity as to how an eligibility check may be requested, as
purchasers may also undergo a “One-Time Ammunition well as the statutory criteria that a purchaser or transferee may rely upon to
Transaction” involving a more comprehensive “Basic Ammunition decide which eligibility check to request. The regulations, in conjunction
Eligibility Check,” or a “COE Verification Process” in addition to with Penal Code section 30370, subdivision (a), make plain each option and
the Standard Ammunition Eligibility Check when attempting to when each is appropriate.
purchase ammunition. What is the purpose of three different
procedures? The proposed regulations are silent as to how a The Department does not have the authority to mandate which procedure a
licensed ammunition vendor is to determine what procedure to use. purchaser or transferee uses to seek authorization to purchase ammunition.
If an individual’s information does not match an entry in the AFS system,
As a result, both licensed ammunition vendors and their customers and the individual does not hold a current Certificate of Eligibility, the
are incapable of easily understanding the effects of the proposed individual may only be eligible for a Basic Ammunition Eligibility Check.
regulations as currently drafted. DOJ should amend its proposal to However, by statute, certain persons may gain authorization in multiple
address these lack of clarity concerns before moving forward. ways. If an individual’s personal information matches an entry in the AFS
(e.g., from a previous firearm transaction), the individual is eligible for both
a Basic Ammunition Eligibility Check and a Standard Ammunition
Eligibility Check. If an individual holds a current Certificate of Eligibility,
the individual is eligible for both a Basic Ammunition Eligibility Check and
the COE Verification process. An individual could hold a current Certificate
of Eligibility, and have personal information that matches an entry in AFS,
and also qualify for the authorization provided by the Basic Ammunition
Eligibility Check. Instead of mandating which ammunition eligibility
process a person shall request, the Department determined that the most
effective way of clarifying the multiple methods of gaining authorization, as
provided by statute, is to clearly present each process and its attendant
requirements. The proposed regulations satisfy this goal.

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67. In connection with the proposed regulation requiring additional No change has been made in response to this comment. Specifically:
purchaser information, purchasers will be required to provide their
driver license or other government identification number “in the a. Penal Code section 30370, subdivision (b), requires the Department to
manner described in Penal Code section 28180.” Penal Code cross-reference specified information “as described in Section 28180,” with
section 28180 requires purchasers to provide this information the information maintained in the AFS. That section of Penal Code requires
electronically from the magnetic strip on the purchaser’s driver’s information to be obtained via a magnetic strip reader. The Department has
license or identification. The only exceptions to this requirement determined that section 30370, subdivision (b) therefore requires
are for military IDs or when the magnetic strip reader is unable to ammunition vendors to possess a magnetic strip reader. Additionally.
obtain the required information. pursuant to Penal Code section 30385, subdivision (d), many firearms
dealers are also authorized ammunition vendors. These firearms dealers are
a. The proposed regulation lacks crucial information as to how already required by Penal Code section 28180 to collect purchaser
exactly licensed ammunition vendors are to process ammunition information in that manner, for the purpose of firearm eligibility checks. It
transactions for out-of-state residents and individuals providing would be unduly burdensome for ammunition vendors, and unnecessarily
government ID that may not be compatible with DOJ’s electronic expensive for the Department to develop and require use of a separate
system. For example, the current firearm background check system method to accurately collect and communicate purchasers’ or transferees’
in California will generate a “DMV Reject Notice” when the personal information to the Department for the specific purpose of
driver’s license or identification card used is not valid, or when the ammunition eligibility checks. No other reasonable alternative was
information provided is in conflict with the files maintained by the considered by the Department that would have been more effective, or as
California Department of Motor Vehicles (“DMV”). Because DOJ effective and less burdensome in carrying out the purpose for which the
has stated the ammunition background check process will be action is proposed.
“essentially the same” as a firearms eligibility check, it can only be
assumed individuals with out-of-state or other identification not Pursuant to Penal Code section 28180, if, due to technical limitations, the
compatible will result in similar “DMV Reject Notices.” What’s magnetic strip reader is unable to obtain the required information from the
more, nothing in either the Penal Code or DOJ’s proposed purchaser’s identification, the information may be obtained by an alternative
regulations require licensed ammunition vendors who are not method (e.g. manually entering the information into DES) so long as a
otherwise California licensed firearms dealers to possess a photocopy of the identification is obtained as proof of compliance.
magnetic strip reader.
The current firearm background check system only generates a “DMV
b. DOJ’s proposed regulations need to clarify how licensed Reject Notice” when (1) the purchaser provides a California driver license or
ammunition vendors are to process transactions involving identification card, (2) the Department attempts to validate the identification
individuals from out of state who may not have a government through the California Department of Motor Vehicles, and (3) the DMV is
identification compatible with DOJ’s electronic system, and how unable to validate the identification. A “DMV Reject Notice” would not be
DOJ intends to conduct a background check on generated during an ammunition eligibility check if a purchaser presented an
individuals with out-of-state identification to ensure they are not out-of-state ID, as those forms of ID are not validated through the DMV.
automatically rejected as would occur under DOJ’s current system. The dealer must still follow the requirements of Penal Code section 28180.
Otherwise, this regulation is void for lack of clarity.

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b. The ability of a person from out of state to purchase or transfer
ammunition depends on the method by which they attempt to do so.

1. The Department has determined that, pursuant to statute, an individual

from out of state would not be able to be granted authorization to
purchase ammunition using a Standard Ammunition Eligibility Check.
Penal Code section 30370, subdivision (b) requires the Department to
cross-reference the purchaser’s or transferee’s current address with the
information maintained in the AFS. However, pursuant to Penal Code
section 26815, no firearm shall be delivered unless the purchaser,
transferee, or person being loaned the firearm provides evidence of their
California residency pursuant to Penal Code section 16400. Penal Code
section 16400 provides that the identification must be a valid California
driver license or identification card issued by the Department of Motor
Vehicles, both of which require proof of residency in California. In
addition, section 922, title 18 of the United States Code also prohibits the
sale of any firearm to a person the transferor knows or has reasonable
cause to believe does not reside in the state in which the transferor
resides. The Automated Firearms System is a repository of firearm
records maintained by the Department, as established by Penal Code
section 11106. The AFS is populated by way of firearm purchases or
transfers at a California licensed firearm dealer, registration of assault
weapons by a California resident, a California resident’s report of firearm
ownership to the Department, California Carry Concealed Weapons
Permit records, or records entered by California law enforcement
agencies. Entries into the AFS would therefore not “match,” for the
purposes of satisfying the Standard Ammunition Eligibility Check, the
“current address” of an out of state purchaser or transferee, since that
current address, by definition, would be an out of state address.

2. The Department has determined that, pursuant to statute, an individual

from out of state would not be able to be granted authorization to
purchase ammunition using a Basic Ammunition Eligibility Check.
Penal Code section 30370, subdivision (c), requires the Department to
develop a procedure in which “a person who is not prohibited from
purchasing or possessing ammunition may be approved [...]” to do so.
The Department has determined that it would be counter to the legislative
intent under SB 1235 for the Department to approve purchases of
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ammunition by individuals who may be prohibited from doing so because
that person has been convicted of a relevant crime under the laws of the
United States, the State of California, or any other state, government, or
country (see, for example, Penal Code section 29800). The Department is
not permitted to use the federal National Instant Criminal Background
Check System (NICS) for the purpose of ammunition eligibility checks,
and there is no reasonable alternative method to affirm that a person from
out of state is not prohibited from purchasing or possessing ammunition.
Therefore, the Department has determined that it will not affirm that an
individual from out of state is authorized to purchase ammunition using a
Basic Ammunition Eligibility Check.

3. The Department has determined that an individual from out of state

would be able to be granted authorization to purchase ammunition using a
COE Verification. The qualifications to be granted a Certificate of
Eligibility are provided in title 11, section 4032 of the California Code of
Regulations, as authorized by Penal Code section 26710. Persons who
are not California residents are not prohibited from qualifying for a COE.
Consequently, the Department has determined that persons from out of
state who hold a current COE would be authorized to purchase
ammunition subsequent to a COE Verification. Upon presentation of an
out-of-state ID, the information required by proposed section 4305(c)
could be obtained by an alternative method, should there be technical
limitations, in accordance with Penal Code section 28180.

4. Additionally, a person from out of state may legally purchase

ammunition if they qualify for the exemptions provided in Penal Code
section 30312, subdivision (c), or section 30352, subdivision (e), or by
the provisions of another relevant statute. For example, the prohibition
on transporting ammunition into the state, per Penal Code section 30314,
only applies to residents of California.

The Department rejects the assertion that the regulations lack clarity. The
underlying statute and the proposed regulations are clear that information
required to conduct an ammunition eligibility check or COE verification
shall be gathered in the manner described by Penal Code section 28180.
Pursuant to Penal Code section 30385, subdivision (d), many firearms

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# Summarized Comment DOJ Response

dealers are also authorized ammunition vendors, and are familiar with this
process.
68. PROPOSED SECTION 4303. For unknown reasons, DOJ has The Department has amended the proposed regulations in response to this
chosen to label proposed section 4303 as “One-Time Ammunition comment. The Department has removed the definition of “One-Time
Transactions.” But DOJ’s chosen label is likely to create Ammunition Transaction” from section 4301, and changed the title of
unnecessary confusion. This is because Standard Ammunition section 4303 to “Basic Ammunition Eligibility Check (Single Transaction or
Eligibility Checks, as described and labeled in proposed section Purchase).” The title now uses language parallel to the title of the other
4302, are also “one-time” transactions which are used for purposes ammunition background check, section 4302. The parenthetical “(Single
of conducting a single transaction. As a result, DOJ should instead Transaction or Purchase)” has been included in the title of section 4303
label this section “Basic Ammunition Eligibility Check” to be because this language mirrors Penal Code section 30370, subdivision (c),
consistent with section 4302, and otherwise remove the which section 4303 implements. This also further differentiates the Basic
unnecessary “One-Time Ammunition Transaction” definition and Ammunition Eligibility Check from the more usual Standard Ammunition
other uses of the term throughout the proposal. Eligibility Check, which the Department estimates will comprise 98 percent
of ammunition eligibility checks (see Initial Statement of Reasons).
69. The proposed regulation concerning One-Time Ammunition The Department has responded to this comment in its responses to comments
Transactions also suffers from the same flaws as the Standard #66 and #67, above.
Ammunition Eligibility Check in that it lacks crucial procedural
information. This includes when and how licensed ammunition
vendors are to utilize the One-Time Ammunition Transaction
process and how to handle out-of-state identification. Without this
crucial information, both licensed ammunition vendors and their
customers are incapable of easily understanding the effects of the
proposed regulations as currently drafted, making Section 4303
void for lack of clarity.

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# Summarized Comment DOJ Response

70. At the outset, the proposed regulation conflicts with federal law No change has been made in response to this comment. The Department has
and regulations. Under federal law, access to federal databases for determined that neither Senate Bill 1235 nor Proposition 63 meet the
purposes of conducting a background check is strictly limited to requirements of the federal Public Law 92-544, which would have been
firearm transactions. Accessing these databases “for any other necessary to allow the Department to utilize specified federal databases.
purpose,” including ammunition transactions, is “strictly Therefore, the Department does not propose to access those federal
prohibited.” databases.

Because California is a “Point-of-Contact” state, California has

agreed to implement and maintain its own background check
system and conduct the required background checks by accessing
federal databases on behalf of California licensed firearm dealers.
But California is prohibited from accessing these federal databases
for purposes other than conducting a background check in
connection with a firearm transaction.

Additionally, this would put an unnecessary burden on federal

systems.

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# Summarized Comment DOJ Response

71. Proposed subdivision (a) of section 4303 would establish a $19 fee No change has been made in response to this comment. The Department is
for a Basic Ammunition Eligibility Check. DOJ states in their adopting the regulation, including the establishment of the $19 fee for a
ISOR that this check “is essentially the same background check as Basic Ammunition Eligibility Check, for the reasons stated in the Initial
a firearms eligibility check” and that the proposed fee “is Statement of Reasons (inclusive of the addendum).
consistent with the fee paid for a firearms eligibility check.” DOJ
also cites to subdivision (c) of Penal Code section 30370 for This comment was submitted before a final resolution of the litigation to
authorization, which reads in part: which it apparently refers. In its final ruling issued on March 4, 2019, the
Court found as follows: “Defendants have adequately demonstrated that the
“The department shall recover the cost of processing and funds generated by the DROS Fee are a reasonable approximation of the
regulatory and enforcement activities related to this section by costs of the government-provided regulatory service/activity.” (Gentry v.
charging the ammunition transaction or purchase applicant a Becerra, (Mar. 4, 2019, No. 34-2013-80001667) Sacramento Sup. Ct.) The
fee not to exceed the fee charged for the department’s Dealers’ Court elsewhere stated that “Defendants have sufficiently established that the
Record of Sale (DROS) process, as described in Section 28225 funds generated by the DROS Fee are a reasonable approximation of the
and not to exceed the department’s reasonable costs.” section 28225 costs.” (Ibid.) Therefore, the Court found that “there is no
longer a necessity” to issue a writ of mandate directing DOJ to perform a
In 2017, the Sacramento County Superior Court issued a decision reassessment of the DROS Fee. (Ibid.)
affirming DOJ’s ministerial duty under Penal Code section 28225
to perform a reassessment of the Dealers’ Record of Sale Additionally, the DROS fund “surplus” mentioned in the comment is an
(“DROS”) fee. That fee, which is currently set at $19 per DOJ’s apparent reference to the condition of the Dealers’ Record of Sale Account
regulations, has remained unchanged for over 15 years since 2004. many years ago. There is no DROS “surplus” at this time. In fact, the
During litigation, DOJ failed to identify any internal process that January 10, 2019 Governor’s Budget proposed certain program changes to
would trigger the mandatory review of the current fee, and failed allow the Dealers’ Record of Sale Account “to maintain solvency to continue
to produce any documentation to substantiate its claim that it additional Bureau of Firearms workload.”
performs “regular monitoring” of the DROS fee as required by
law. What’s more, DOJ’s DROS account “amassed a surplus of
over $35 million, primarily consisting of DROS Fee revenues at
the time the case was originally filed.”

The fact that the current DROS fee is generating such a substantial
surplus is clear evidence that DOJ’s proposed $19 fee exceeds
DOJ’s regulatory authority for two important reasons. First, it is
wholly improper for DOJ to propose a fee based on that which a
court has ordered DOJ to reassess. To do so otherwise
demonstrates a clear disregard for the Court’s ruling.

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# Summarized Comment DOJ Response

72. Notwithstanding that ruling, the proposed $19 fee far exceeds No change has been made in response to this comment. The Department is
DOJ’s reasonable costs for the proposed Basic Ammunition adopting the regulation, including the establishment of the $19 fee for a
Eligibility Check. As DOJ has expressly stated, the process is Basic Ammunition Eligibility Check, for the reasons stated in the Initial
“essentially the same” as a firearms eligibility check. And because Statement of Reasons (inclusive of the addendum). (See DOJ Response to
the fee for a firearms eligibility check has consistently generated a Comment No. 71.)
surplus, it cannot be said the proposed fee does not exceed DOJ’s
“reasonable costs.” Indeed, if the process is so substantially
similar, the proposed fee will generate a similar surplus.

To date, DOJ has yet to perform the required reassessment of the

DROS fee as ordered by the Court. But the fact remains that the
proposed $19 fee clearly exceeds DOJ’s reasonable costs, and for
that reason exceeds DOJ’s regulatory authority under the APA.

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# Summarized Comment DOJ Response

73. Subdivision (b) of proposed section 4303 concerns the required No change has been made in response to this comment. The commenter
information a licensed ammunition vendor must collect from the cites Penal Code section 30352 as the Department’s sole source of the
purchaser when processing an ammunition transaction. Penal Code authority to gather information. However, as indicated in the “Authority and
section 30352 expressly states what information is to be collected. Reference” for section 4303, that section does not solely implement Penal
Code section 30352, but also implements Penal Code section 30370.
The information required under Penal Code section 30352 is Specifically, section 4303, subdivision (b) implements the eligibility check
exclusive and does not allow for the collection of additional required by Penal Code section 30370, subdivision (c).
information to be collected by the licensed ammunition vendor.
Any information collected in addition to this information, As stated in the Initial Statement of Reasons Addendum, the Department has
therefore, would be in violation of Penal Code section 30352. This determined that it requires the information listed in proposed section 4303,
is due to the doctrine of statutory construction expressio unius est subdivision (b), in order to accurately identify the potential purchaser or
exclusio alterius (the expression of one thing is the exclusion of transferee and to thereby determine, subsequent to a check of the records
the other). Because the legislature has specifically listed what available to the Department, if the potential purchaser or transferee is
information must be collected, without providing for any “prohibited from purchasing or possessing ammunition,” per Penal Code
additional information to be collected by the licensed ammunition section 30370, subdivision (c).
vendor, it is presumed the legislature intended only this
information to be collected.
Yet DOJ’s proposed regulation requires the following information
to be collected in addition to the above: Gender; Hair color; Eye
color; Height; Weight; United States citizenship status; Federal
Alien Registration Number or I-94 (if applicable); Place of birth;
Alias name(s); and Race.

Given the exclusive nature of Penal Code section 30352, the

proposed regulation as written exceeds DOJ’s statutory authority
and is otherwise inconsistent with the statute it purports to
implement. And because DOJ has expressly stated the process is
“essentially the same” as a firearms eligibility check, it can only be
assumed the reason for collecting a purchaser’s citizenship status,
federal alien registration number, and place of birth are for
purposes of accessing these federal databases. As explained above,
to do so for purposes of conducting an ammunition background
check would violate federal law.

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# Summarized Comment DOJ Response

74. DOJ’s proposed requirement for citizenship information also No change has been made in response to this comment. The statute referred
violates recently enacted state laws pertaining to immigration to, Government Code section 7284.6, subdivision (a), prohibits law
enforcement. In 2017, the California Legislature enacted Senate enforcement agencies from using “moneys or personnel to investigate,
Bill No. 54 (“SB 54”), prohibiting state agencies from using funds interrogate, detain, detect, or arrest persons for immigration enforcement
or personnel to “investigate, interrogate, detain, detect, or arrest purposes...” The clause “for immigration enforcement purposes” provides
persons for immigration enforcement purposes,” including the condition necessary to trigger the prohibition – law enforcement agencies
“[i]nquiring into an individual’s immigration status.” None of the are otherwise allowed to use moneys and personnel to investigate,
exceptions to this restriction allow DOJ to inquire into an interrogate, detain, detect, or arrest persons. Subdivision (a)(1)(A)
individual’s citizenship status for purposes of conducting an specifically provides that “[i]nquiring into an individual’s immigration
ammunition background check. As a result, the proposed status” is one type of activity, among others, that is prohibited if it is done for
regulation requiring additional information regarding a person’s immigration enforcement purposes. Government Code section 7284.4,
immigration status is in direct violation of existing state law, subdivision (f) defines “immigration enforcement” as efforts to investigate or
thereby exceeding DOJ’s regulatory authority. enforce any federal civil or criminal immigration law. The collection of
information for the purpose of conducting a Basic Ammunition Background
Check is not an activity being undertaken to investigate or enforce any
federal civil or criminal immigration law. Rather, as stated in the Initial
Statement of Reasons (inclusive of the addendum), this information must be
collected because the Department has determined it will not affirm that an
individual is authorized to purchase ammunition if the individual is
prohibited under federal firearms laws.

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# Summarized Comment DOJ Response

75. Subdivision (c) of proposed section 4303 directly conflicts with The Department has amended the proposed regulations in response to this
the Penal Code it purports to implement. Specifically, subdivision comment. The Department has added Penal Code section 30352 to the
(a) of Penal Code section 30370 requires DOJ to “electronically “Authority and Reference” for section 4303. Pursuant to Penal Code section
approve the purchase or transfer of ammunition through a vendor” 30352, subdivision (d), an ammunition vendor shall verify with the
but that “[t]his approval shall occur at the time of purchase or department that a prospective purchaser or transferee is authorized to
transfer.” In other words, the decision on whether to approve or purchase ammunition. If the prospective purchaser or transferee is not
deny a particular transaction must be made at the time of transfer, authorized, the vendor shall deny the sale.
thereby precluding DOJ from enacting any system that would
delay a transaction beyond the time of purchase or transfer. No further change has been made in response to this comment.

As a result, DOJ’s proposed regulation issuing an ATN to a A purchaser or transferee who requests authorization to purchase
prospective purchaser for no other purpose than to monitor the ammunition in a single transaction or purchase pursuant to Penal Code
status of the Basic Ammunition Eligibility Check is in direct section 30370, subdivision (a)(3), must make the transaction or purchase
conflict with the Penal Code section it seeks to implement and “pursuant to the procedure developed pursuant to subdivision (c).” Without
otherwise exceeds DOJ’s regulatory authority. completing the procedure developed pursuant to subdivision (c), that
purchaser or transferee would not be authorized to purchase or receive a
transfer of ammunition and, per Penal Code section 30352, subdivision (d),
the vendor would not be able to lawfully sell or transfer ammunition to that
person.

The Basic Ammunition Eligibility Check is the procedure developed

pursuant to Penal Code section 30370, subdivision (c). Per section 4303(e)
of the proposed regulations, upon completion of the Basic Ammunition
Eligibility Check, the Department will update the purchaser’s or transferee’s
record. Per section 4308(a) of the proposed regulations, if the Department
approves the purchase or transfer, the DES transaction record will change to
“Approved.” Per section 4308(b), ammunition may be delivered at a time
after the status of the DES transaction record is “Approved.” There is no
lawful “time of purchase or transfer” until after approval has been granted as
specified.

The Department has determined that providing an ATN to the prospective

purchaser or transferee is the most effective method of communicating the
status of the Basic Ammunition Eligibility Check, thereby ensuring that a
single ammunition transaction of purchase may be made without delay.
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# Summarized Comment DOJ Response

76. Proposed section 4304 concerns the purchase of ammunition in The Department has amended the proposed regulations in response to this
connection with the purchase of a firearm, which as noted is comment. Section 4304(b) has been amended to clarify that, if a purchaser or
already subject to an eligibility check. Subdivision (b) of proposed transferee who is purchasing or transferring a firearm and ammunition in the
section 4304, however, is poorly worded in that it assumes an same transaction wants to take possession of the ammunition before the
individual with an AFS record or Certificate of Eligibility (“COE”) Department completes the firearms eligibility check, the purchaser or
will automatically be approved upon paying a $1 fee for the transferee must instead conduct a separate transaction to purchase the
Standard Ammunition Eligibility Check. To that end, the proposed ammunition, following the appropriate ammunition eligibility check or
regulation should instead simply read that if a person wants to take exemption, as appropriate, and pay any associated fee, prior to taking
possession of the ammunition before the Department completes the possession of the ammunition.
firearms eligibility check, a Standard Ammunition Eligibility
Check, Basic Ammunition Eligibility Check, or COE Verification If an individual’s information does not match an entry in the AFS system,
Process must be conducted prior to the transfer of the ammunition. and the individual does not hold a current Certificate of Eligibility, the
individual may only be eligible for a Basic Ammunition Eligibility Check.
But DOJ needs to clarify how licensed ammunition vendors are to However, by statute, certain persons may gain authorization in multiple
determine which procedure to follow for a customer. ways. If an individual’s personal information matches an entry in the AFS
(e.g., from a previous firearm transaction), the individual is eligible for both
a Basic Ammunition Eligibility Check and a Standard Ammunition
Eligibility Check. If an individual holds a current Certificate of Eligibility,
the individual is eligible for both a Basic Ammunition Eligibility Check and
the COE Verification process. An individual could hold a current Certificate
of Eligibility, and have personal information that matches an entry in AFS,
and also qualify for the authorization provided by the Basic Ammunition
Eligibility Check. Instead of mandating which ammunition eligibility
process a person shall request, the Department determined that the most
effective way of clarifying the multiple methods of gaining authorization, as
provided by statute, is to clearly present each process and its attendant
requirements. The proposed regulations satisfy this goal. Ammunition
vendors are free to inquire of the potential purchaser or transferee about their
potential eligibility, before requesting one of the three types of eligibility
checks.

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# Summarized Comment DOJ Response

77. Nothing in proposed section 4304 specifies how a licensed The Department has amended the proposed regulations in response to this
ammunition vendor is supposed to collect the required information comment. Section 4308(c)(2) has been amended to specifically require the
regarding the transfer of ammunition as called for under Penal ammunition vendor to access the Dealer Record of Sale Entry System (DES)
Code section 30352. As a result, DOJ needs to amend this transaction record and submit through that system the ammunition sale
proposed regulation to ensure consistency and clarity with existing information required by Penal Code section 30352, subdivision (a) at the
law as required by the APA. time of delivery of ammunition. A transaction conducted pursuant to section
4304(a) involves the transfer of a firearm, and most of the information
required by Penal Code section 30352, subdivision (a) is already inputted
into the Dealer Record of Sale Entry System (DES) as part of the process of
purchasing a firearm.
78. Proposed section 4305 (b) fails to include the required information The Department has amended the proposed regulations in response to this
as called for in the Penal Code. Specifically, subdivision (a) of comment. Section 4308(c)(2) has been amended to specifically require the
Penal Code section 30352 requires licensed ammunition vendors to ammunition vendor to access the Dealer Record of Sale Entry System (DES)
collect the information in addition to what DOJ has proposed. transaction record and submit through that system the ammunition sale
information required by Penal Code section 30352, subdivision (a) at the
Because Penal Code section 30352 requires this information to be time of delivery of ammunition.
collected at the time of delivery “on a form to be prescribed the
Department of Justice,” DOJ needs to amend its regulation to
clarify that the above information needs to be collected when
transferring ammunition pursuant to the proposed COE
Verification Process. Doing so will ensure consistency and clarity
with existing law as required by the APA.

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# Summarized Comment DOJ Response

79. In proposed section 4305(a), DOJ has again chosen a fee amount No change has been made in response to this comment.
of $1, stating in their ISOR that this “will contribute toward start
up costs and ongoing system maintenance, including employee Penal Code section 30370, subdivision (e) requires the department to recover
salaries.” But that is not the appropriate standard in which to select the reasonable cost of regulatory and enforcement activities related to the
the fee. As clearly stated in subdivision (e) of Penal Code section article in which that section appears, including activities related to COE
30370, the fee selected by DOJ must not “exceed the reasonable verifications made for the express purpose of authorizing ammunition
regulatory and enforcement costs.” purchases and transfers, by charging ammunition purchasers or transferees a
per transaction fee. The Department has determined that the per transaction
What’s more, DOJ has demonstrated in other respects that it can fee for a COE verification must be $1 for the reasons stated in the Initial
verify a person’s COE without cost. (For example, employees of Statement of Reasons (inclusive of the addendum). Start up costs and
California licensed firearm dealers must generally possess a valid ongoing system maintenance, including employee salaries, comprise
COE as a condition of employment. DOJ recently proposed reasonable costs for regulatory and enforcement activities related to the
regulations modifying the DROS Entry System (“DES”) which article.
includes a procedure for verifying a prospective employee’s COE,
yet there is no cost associated with this procedure.) The fact that the Department has not charged a fee to verify a COE in other
contexts does not relieve the Department of its responsibility to do so under
As a result, DOJ needs to clarify how the proposed $1 fee does not Penal Code section 30370, subdivision (e), nor does it mean that there is no
exceed the reasonable regulatory and enforcement costs in cost to the Department to verify a COE.
processing COE verifications as required under the Penal Code.
80. DOJ cites Penal Code section 30352 as authority for proposed The Department has amended the proposed regulations in response to this
section 4306. But the proposed list fails to include both licensed comment. Proposed section 4306(a) interprets the requirement in Penal
ammunition vendors and persons who purchase or receive Code section 30352, subdivision (e), that exempted individuals must be
ammunition at a target facility as expressly listed in Penal Code “properly identified.” This regulation provides a list of types of
section 30352. identification that meet that purpose, to which has been added the type of
identification that will properly identify an ammunition vendor.
As a result, DOJ should amend its proposed regulation to include
these individuals, and what procedures a licensed ammunition The Department has not amended the proposed regulation to include a proper
vendor should follow when transferring ammunition to them in type of identification for persons who purchase or receive ammunition at a
order to satisfy the consistency and clarity requirements of the target facility, because a person does not need to be “properly identified” in
APA. order to qualify for the exemption provided by Penal Code section 30352,
subdivision (e)(3).

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# Summarized Comment DOJ Response

81. Proposed section 4307 addresses the required telephonic access for No change has been made in response to this comment. Section 4307 of the
ammunition vendors without accessibility to an internet connection proposed regulations indicate the “Telephonic access to the Department will
due to their location not allowing for internet service. Our primary be available during the Department’s Customer Support Center Business
concern with the proposed regulation, however, is the hours of hours.” Due to the fact that business hours may change, the Department
operation of DOJ’s telephonic system. Presumably, retail chose not to include specific hours within the regulations. Currently,
businesses such as ammunition vendors will be open outside of a Customer Support Center hours of operation are from 8:00 a.m. to 9:00 p.m.,
typical 9-5 workday and otherwise open 7 days a week. DOJ’s seven days a week.
proposed regulation does not specify if the telephonic access
system will be available during such times. For this reason, DOJ
needs to clarify when the system will be operational to ensure
clarity for existing ammunition retail businesses.
82. DOJ has made several inaccurate and/or misleading claims and No change has been made in response to this comment. As stated in the
statements in its ISOR warranting attention. First, DOJ estimates Economic Impact Assessment in the Initial Statement of Reasons, the
there will be approximately 13 million ammunition purchases or Department has used the most reasonable estimates derived from extensive
transfers conducted each year pursuant to a Standard Ammunition research into sales of ammunition. The Department has sourced a reliable
Eligibility Check. This estimation appears to have been calculated estimate of the amount of ammunition sold in the United States each year,
based on 931,037 background checks conducted in California in and used that estimate to derive an estimate of the amount of ammunition
2014 for firearm transactions. But the basis for this estimation is sold in California each year.
fundamentally flawed, as DOJ is referencing background checks—
not actual gun sales. A single background check could incorporate The Department used the number of background checks each year to provide
more than one firearm. And using background check numbers for a an approximation of the number of ammunition purchases each year. The
single year fails to account for firearms already owned by Department has determined that it is reasonable to assume that the residents
California residents. of any particular state purchase an amount of ammunition each year
proportionate to that state’s share of the number or background checks for
firearms purchases each year. Since 4.44 percent of background checks in
the United States are for firearms purchased in California, it is reasonable to
assume that that same percentage of ammunition sold in the United States
will be ammunition sold in California. The absolute number of firearms sold
is not relevant to this calculation, nor is the number of firearms already
owned by California residents.

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# Summarized Comment DOJ Response

83. DOJ also fails to describe how it selected 40 rounds as the number No change has been made in response to this comment. As the commenter
of rounds in each box of ammunition. A simple web search of notes, the most common quantities of ammunition are sold in boxes of either
available ammunition yields wildly varying numbers of rounds per 50 or 20 rounds. Some ammunition boxes may contain many more rounds,
box, with the most common quantities either 50 or 20 rounds per and others may contain fewer. According to the commenter’s own estimate,
box. the average number of rounds in a box would be 35. Accounting for sales of
ammunition of over 50 rounds results in an average of approximately 40
rounds per box.
84. DOJ claims “there is no evidence that these regulations will deter No change has been made in response to this comment. There is no data that
ammunition sales or be a significant burden to ammunition the proposed regulations will impose a significant burden on ammunition
purchases.” Yet DOJ’s own statements directly contradict this purchases. At this point, the Department can only use its best estimates as to
point. It states that “ammunition purchases are considered a the impact on ammunition sales. As stated in the Economic Impact
leisurely activity, and oftentimes done while out shopping for other Assessment in the Initial Statement of Reasons, the Department has used the
items or browsing for future purchases, which is beneficial to both most reasonable estimates derived from extensive research into sales of
parties.” What’s more, DOJ also states that costs are “minimal ammunition.
because although it takes time for the Department to process an
ammunition eligibility check, ammunition purchasers will be
shopping for other products in the store, allowing the ammunition
vendor to sell more items to the public.” Notwithstanding the fact
that DOJ is obligated to process transactions in real-time and
without any delay (contrary to DOJ’s assertions), such statements
make it clear that there is indeed a significant burden.
85. DOJ’s analysis also ignores attempts by other states at No change has been made in response to this comment. Besides superficial
implementing similar legislation. In 2013, New York enacted similarities, the laws and the technological systems in New York are not
identical ammunition background check requirements. But before analogous to the laws and technological systems in California. There is no
the law could be implemented, New York’s Governor issued a indication by the commenter how the issues raised in New York are
memorandum of understanding suspending enforcement of the equivalent to the proposed regulations. Therefore, the Department
ammunition background check requirements. That memorandum determines that this is a generalized comment in opposition to the proposed
cited “the lack of adequate technology” while also stating that the regulation and to the underlying statute, and is neither specifically directed at
database “cannot be established and/or function in the manner the Department’s proposed action nor to the procedures followed by the
originally intended at this time.” New York’s Governor has also Department in proposing or adopting the action. The Department is adopting
issued a statement that “the ammunition sales database will not be the regulation for the reasons stated in the Initial Statement of Reasons
prematurely introduced until the technology is ready and it (inclusive of the addendum).
does not create an undue burden for business owners.” To date,
New York has yet to implement the ammunition sales database.

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# Summarized Comment DOJ Response

86. Background checks for ammunition purchases will discourage No change has been made in response to this comment because the
firearm enthusiasts from practicing. This may decrease safety. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action.
87. Background checks for ammunition purchases will lead to less No change has been made in response to this comment because the
enjoyment of one’s chosen form of recreation. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action.
88. These regulations will lead to fewer ammunition sales, and due to No change has been made in response to this comment. Scarcity is unlikely
scarcity, the price of ammunition will increase. This has not been to increase the price of ammunition, since there is no obvious reason why the
adequately accounted for. supply of ammunition would change. Retail and wholesale ammunition
vendors remain able to order unlimited quantities of ammunition either from
in-state manufacturers or from out of state, and to offer that ammunition for
sale within California.

Alternatively, this comment may be interpreted as suggesting that decreased

demand will lead to higher prices. The Department disagrees that these
regulations will lead to fewer ammunition sales. As stated in the Initial
Statement of Reasons, the Department estimates that over 98 percent of
authorizations will be conducted using either a Standard Ammunition
Eligibility check or COE verification, and neither the $1 fee, nor the
approximated 2 minute process will deter firearm enthusiasts from
purchasing ammunition. As for the Basic Ammunition Eligibility Check, the
Department determines that it is most likely that firearm enthusiasts will
purchase the same quantity of ammunition, but in fewer transactions.
89. Due to these regulations, I will not be able to purchase ammunition No change has been made in response to this comment because this is a
the way I do now. That is not fair. generalized comment in opposition to the regulation, and is neither
specifically directed at the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.

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90. Opposition based on natural law or religious objections: No change has been made in response to this comment because the
Department determines that this is a generalized comment objecting to the
a. Because my right to own a firearm was granted by God, it regulations and to the underlying statute, and is neither specifically directed
cannot be infringed in any way. at the Department’s proposed action nor to the procedures followed by the
Department in proposing or adopting the action.
b. Because all living things have a natural right to self-defense, it
cannot be infringed in any way.
91. Opposition based on a desire to transport ammunition into No change has been made in response to this comment because the
California from out of state: Department determines that this is a generalized comment objecting to the
regulations and to the underlying statute, and is neither specifically directed
a. This will force me and/or “good people” to import ammunition at the Department’s proposed action nor to the procedures followed by the
from out of state, or to otherwise evade the law. Department in proposing or adopting the action. These regulations, which
implement Penal Code sections 30352 and 30370, govern the procedure for
b. An exemption should be made for people who cross state lines in-state purchases.
often.
Specifically:

a) Penal Code section 30314 makes it illegal for California residents to bring
in ammunition from out of state.

b) Penal Code section 30352, subdivision (e) provides an exhaustive list of

categories of individuals who are exempt from the requirement to obtain
approval from the Department prior to the sale or transfer of ammunition.
The Department lacks the authority to expand upon these statutory
exemptions.

92. The various methods of evading the law will deny California tax No change has been made in response to this comment because the
revenue that would otherwise be collected if ammunition sales Department determines that this comment objects to the underlying statute
were not regulated. and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).

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93. Opposition based on alleged due process violations: No change has been made in response to this comment. Specifically:

a. Being forced to undergo a background check prior to purchasing a. This is a generalized comment in opposition to the regulation and to the
ammunition deprives me of life, liberty or property without due underlying statute, and is neither specifically directed at the Department’s
process of law. proposed action nor to the procedures followed by the Department in
proposing or adopting the action.
b. There is no process to appeal a denial. This violates my due
process rights. Will I be allowed to challenge a denial, if the b. The Department did not propose a separate administrative process to
reason for the denial is incorrect? appeal a denial. Per Penal Code section 30370, the only reason why a person
can be denied is if they are expressly prohibited by law. Proposed sections
4302(e) and 4303(d)(2) provide methods by which the Department will
explain to the attempted purchaser the reason for a denial, for the purposes of
transparency and to facilitate a challenge if the determination was made in
error. The potential purchaser or transferee may seek review of the records
upon which the denial was based pursuant to Penal Code section 11121 and
may seek to have those records changed pursuant to Penal Code section
11126. If an individual is not approved, they will have the opportunity to
challenge both the Department’s determination and the accuracy of their
criminal history record by contacting the Department, updating their entry in
AFS, or pursuing a writ of mandate in a court of law. Any member of the
public can contact the Customer Service Center from 8:00 a.m. to 9:00 p.m.,
seven days a week.

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94. Background checks for ammunition deny me equal protection No change has been made in response to this comment. The proposed
under the law. regulations will apply to everyone equally.

Alternatively, this comment may be interpreted as an objection to any

implementation of the underlying statute, in which case it is neither
specifically directed at the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.
The Department has no authority to not implement the underlying statute.
Per Article 3, Section 3.5 of the Constitution of California:

An administrative agency, including an administrative agency created by

the Constitution or an initiative statute, has no power:

(a) To declare a statute unenforceable, or refuse to enforce a statute, on

the basis of it being unconstitutional unless an appellate court has made a
determination that such statute is unconstitutional;

(b) To declare a statute unconstitutional;

(c) To declare a statute unenforceable, or to refuse to enforce a statute on

the basis that federal law or federal regulations prohibit the enforcement
of such statute unless an appellate court has made a determination that the
enforcement of such statute is prohibited by federal law or federal
regulations.

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95. Opposition based on an anticipation that the regulations will result No change has been made in response to this comment. The Department
in a decrease in tax revenue: disagrees that these regulations will lead to fewer ammunition sales. As
stated in the Initial Statement of Reasons, the Department estimates that over
a. Background checks for ammunition purchases will lead to 98 percent of authorizations will be conducted using either a Standard
decreased sales of ammunition, which will result in less tax Ammunition Eligibility check or COE verification, and neither the $1 fee,
revenue for California. This economic impact has not been nor the approximated 2 minute process will deter firearm enthusiasts (e.g.,
adequately accounted for. hunters) from purchasing ammunition. As for the Basic Ammunition
Eligibility Check, the Department determines that it is most likely that
b. Decreased sales of ammunition will decrease other, related firearm enthusiasts will purchase the same quantity of ammunition, but in
activities (e.g., hunting), which will result in less tax revenue for fewer transactions.
California. This related economic impact has not been adequately
accounted for. See also the Department’s response to comment #88.
96. Background checks for ammunition purchases will lead to No change has been made in response to this comment. The Department
decreased sales of ammunition, which will result in less tax disagrees that these regulations will lead to fewer ammunition sales. As
revenue for the federal government under the Pittman-Robertson stated in the Initial Statement of Reasons, the Department estimates that over
Act. These monies are then distributed by the federal Department 98 percent of authorizations will be conducted using either a Standard
of the Interior to the states to pay for wildlife conservation. The Ammunition Eligibility check or COE verification, and neither the $1 fee,
impact of the likely decrease in federal funds has not been nor the approximated 2 minute process will deter firearm enthusiasts from
adequately accounted for. purchasing ammunition. As for the Basic Ammunition Eligibility Check, the
Department determines that it is most likely that firearm enthusiasts will
purchase the same quantity of ammunition, but in fewer transactions. Thus,
there will be no impact on revenue collected and distributed pursuant to the
Pittman-Robertson Act.
97. These regulations do not affect the good people of California. No change has been made in response to this comment. The proposed
regulations will apply to everyone equally.

Alternatively, the comment may be suggesting that the regulations are not
necessary for “good” people, because “good” people will not purchase
ammunition when they are prohibited from doing so, and/or will not commit
crimes involving ammunition. No change has been made in response to this
comment because the Department determines that this comment objects to
the underlying statute rather than to the way the agency proposes to interpret
it.

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98. Background checks for ammunition purchases is ridiculous No change has been made in response to this comment because the
because people can just make their own ammunition. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action.
99. Opposition based on a concerns about privacy: No change has been made in response to this comment because the
Department determines that this comment objects to the underlying statute
a. Background checks for ammunition purchases amount to an and is neither specifically directed at the Department’s proposed action nor
invasion of privacy. to the procedures followed by the Department in proposing or adopting the
action.
b. You do not have the right to gather this information.
Specifically:
c. The personal information collected due to the implementation of
Penal Code sections 303520 and 30370 will be susceptible to theft b. Penal Code sections 30370 and 30352 expressly require the Department to
and misuse. gather the information required to conduct an eligibility check, and to collect
specified information regarding ammunition purchases at the time of
d. I oppose the recording of any information unnecessary to the delivery.
explicit purpose of conducting a background check for
ammunition. c. The Department follows all applicable laws and regulations to ensure the
security and confidentiality of the records it maintains. Specifically, Penal
Code section 30352, subdivision (b) expressly directs that information
related to the purchase or transfer of ammunition, collected at the time of
delivery, as specified by subdivision (a), “shall remain confidential.”

d. The information gathered is either expressly required by statute, or is

necessary to conduct an eligibility check, as explained in the Initial
Statement of Reasons (inclusive of the addendum).
100. Though there may be a benefit to background checks for the No change has been made in response to these comments because the
purchase of ammunition, that benefit does not out weigh the cost. Department determines that these comments object to the underlying statute
and is neither specifically directed at the agency’s proposed action nor to the
procedures followed by the agency in proposing or adopting the action.

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101. These regulations are complicated. No change has been made in response to this comment because this is a
generalized comment regarding the clarity of the regulations and is neither
specifically directed at the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.
The Department is adopting the regulation for the reasons stated in the Initial
Statement of Reasons (inclusive of the addendum).
102. Implementing Penal Code sections 30352 and 30370 makes the No change has been made in response to this comment because this is a
Department of Justice and its employees complicit in illegal, generalized comment in opposition to the proposed regulation and to the
unconstitutional, immoral and/or unjust activities. underlying statute, and is neither specifically directed at the Department’s
proposed action nor to the procedures followed by the Department in
proposing or adopting the action. The Department is adopting the regulation
for the reasons stated in the Initial Statement of Reasons (inclusive of the
addendum).

The Department has followed all of the requirements of the Administrative

Procedures Act in promulgating these regulations. Additionally, the
Department has no authority to not implement the underlying statute. Per
Article 3, Section 3.5 of the Constitution of California:

An administrative agency, including an administrative agency created by

the Constitution or an initiative statute, has no power:

(a) To declare a statute unenforceable, or refuse to enforce a statute, on

the basis of it being unconstitutional unless an appellate court has made a
determination that such statute is unconstitutional;

(b) To declare a statute unconstitutional;

(c) To declare a statute unenforceable, or to refuse to enforce a statute on

the basis that federal law or federal regulations prohibit the enforcement
of such statute unless an appellate court has made a determination that the
enforcement of such statute is prohibited by federal law or federal
regulations.

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103. Exemptions should be made for different types of ammunition. No change has been made in response to this comment. Statute does not
For example, types that are rarely used during the commission of provide exemptions on the basis of ammunition type. The Department lacks
crimes, or small caliber ammunition. the authority to create exemptions based on ammunition type.
104. The enactment of these regulations should be suspended until it No change has been made in response to this comment because the
can be proven that a restriction on ammunition purchases will have Department determines that this comment objects to the underlying statute
a positive effect on the real gun problem in California, if there is and is neither specifically directed at the Department’s proposed action nor
one. to the procedures followed by the Department in proposing or adopting the
action.
105. Any cost to implement Penal Code sections 30352 and 30370 No change has been made in response to this comment because the
should not be borne by consumers. Instead, the money required Department determines that this comment objects to the underlying statute
should come from the DROS fund or the state’s General Fund. and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action.

Penal Code section 30370 mandates that the Department shall recover costs
of activities related to the ammunition authorization program “by charging
ammunition purchasers and transferees a per transaction fee.”
106. Why is the approval for a Basic Ammunition Eligibility Check No change has been made in response to this comment because the
only good for 30 days? Department determines that this comment is neither an objection nor a
recommendation regarding the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.

As stated in the Initial Statement of Reasons (inclusive of the addendum),

during the Basic Ammunition Eligibility Check the Department conducts a
review of its records to determine if an individual is eligible to own or
possess ammunition. The review is based on information retrieved at that
point in time. To ensure the Department bases its determinations on the
most current information, eligibility checks are only valid for 30 days. After
30 days, a new eligibility check must be conducted to ensure that nothing has
transpired that would prohibit an individual from owning or possessing
ammunition.

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107. Confusion regarding how many times an approval by the No change has been made in response to this comment because the
Department may be used to purchase ammunition: Department disagrees that the language of the proposed regulation does not
meet the “clarity” standard. Penal Code section 30370, subdivision (a),
a. Every 30 days I will need to spend another $19 for the Basic requires the Department to electronically approve each purchase or transfer
Eligibility Check. This amounts to $228 per year, which is of ammunition through a vendor, at the time of purchase or transfer, as
expensive. specified. The language of sections 4302, 4303, 4304 and 4305 use singular
terms for the ammunition authorization process, and section 4308,
b. Will I have to pay a fee multiple times a month? subdivision (a), which discusses delivery of ammunition, uses singular terms
when referring to Departmental approval of “an ammunition purchase or
transfer.”

Penal Code section 30370, subdivision (c), specifies that a Basic

Ammunition Eligibility Check (BAEC) is “for a single ammunition
transaction or purchase.” Since 30370 subdivision (a) makes clear that an
approval shall occur for each purchase or transfer, as necessary, the
Department has interpreted the explicit specification of the singularity of the
BAEC as an indication that such an individual, who does not qualify for the
Standard Ammunition Eligibility Check (SAEC), must not have an up-to-
date AFS record, and likely does not purchase ammunition regularly.
Section 4303, subdivision (c)(1) mirrors this construction by explicitly
providing that an approved Basic Ammunition Eligibility Check “can only
be used for one ammunition purchase or transfer.” Therefore a subsequent
purchase will require another $19 fee, for another Basic Ammunition
Eligibility Check, just as another purchase made subsequent to a prior SAEC
or COE Verification would require another $1 fee.

There is not a maximum fee that can be collected per month, and if someone
makes multiple purchases each month, there will be a fee for each
transaction, as appropriate.

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108. Opposition on the basis of the possible consequences for No change has been made in response to this comment because the
purchasing large quantities of ammunition. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
a. In order to save on fees, people will purchase more ammunition to the procedures followed by the Department in proposing or adopting the
at a time. Law enforcement will then be alerted that the person is action. The Department knows of no statute or regulation that prohibits the
stockpiling ammunition. purchase of large quantities of ammunition.

b. Will multiple purchases or large purchases trigger some kind of

investigation?
109. These regulations will lead to an ammunition shortage in the state. No change has been made in response to this comment because the
In order to avoid the background check, all of the available Department determines that this comment objects to the underlying statute
ammunition in the state will be purchased prior to the and is neither specifically directed at the Department’s proposed action nor
implementation date of July 1, 2019. to the procedures followed by the Department in proposing or adopting the
action.

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110. Opposition to the exhaustive nature of the list of exemptions in No change has been made in response to this comment because the
Penal Code section 30352: Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
a. There should be more categories of people exempted from to the procedures followed by the Department in proposing or adopting the
having to undergo a background check prior to purchasing action. Penal Code section 30352, subdivision (e) provides an exhaustive list
ammunition. of categories of individuals who are exempt from the requirement to obtain
approval from the Department prior to the sale or transfer of ammunition.
b. People who have proven that they are trustworthy, such as The Department lacks the authority to expand upon these statutory
military veterans or airline pilots, should be exempted. exemptions.

c. Citizens with a guard card should be exempted.

d. Only convicted felons should have to undergo background

checks for ammunition purchases.

e. The following persons should be exempt from undergoing

background checks for ammunition purchases: all those who are
known to the state of California to have legally acquired a firearm
in CA; all persons in possession of a hunting license; all persons
who have 832 p.c. certification; all members of a viable firearms
training organization, all holders of a concealed firearms permit,
(California or any other state or territory), and any other persons
who the state would already know are not prohibited persons.
111. Anyone who has registered a firearm with the state should be No change has been made in response to this comment because the
exempt from the requirement to undergo a background check for Department determines that this comment objects to the underlying statute
ammunition, and the associated fee. and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. Penal Code section 30352, subdivision (e) provides an exhaustive list
of categories of individuals who are exempt from the requirement to obtain
approval from the Department prior to the sale or transfer of ammunition.
The Department lacks the authority to expand upon these statutory
exemptions.

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112. The Department should alternatively implement the ammunition No change has been made in response to this comment because the
authorization program by issuing an identification card to persons Department determines that this comment objects to the underlying statute.
who pass an ammunition eligibility check: Penal Code section 30370, subdivision (a), requires the Department to
electronically approve the purchase or transfer of ammunition through a
a. The Department should issue an identification card to anyone vendor, at the time of each purchase or transfer, as specified. Subdivision (c)
who has passed a background check, allowing them to bypass any further specifies that an approval subsequent to a Basic Ammunition
future background check for ammunition. Eligibility Check is “for a single ammunition transaction or purchase.”

b. I am willing to settle with a “ammunition background card”. If The issuance of an identification card that could be used for multiple
the background is covered by the taxpayer, there is no excessive ammunition transactions would allow for the possibility that someone could
delays for the issue of the background cards, no intrusive records use the card more than once, and could become prohibited by statute after
are kept of the ammunition purchases, and the ammunition can be issuance of the card.
delivered to the residences of the purchasers.
Therefore the Department has determined that this alternative would not be
more effective in carrying out the purpose for which the action is proposed.
The Department is adopting the regulation for the reasons stated in the Initial
Statement of Reasons (inclusive of the addendum).

113. Anyone who has a “firearms permit” or “gun permit” should be No change has been made in response to this comment because the
exempt from the requirement to undergo a background check for Department determines that this comment objects to the underlying statute
ammunition, and the associated fee. and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. Penal Code section 30352, subdivision (e) provides an exhaustive list
of categories of individuals who are exempt from the requirement to obtain
approval from the Department prior to the sale or transfer of ammunition.
The Department lacks the authority to expand upon these statutory
exemptions.

See also the Department’s response to comment #112.

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114 Opposition to perceived unfair exemptions: No change has been made in response to this comment because the
Department determines that this comment objects to the underlying statute
b. The liberal politicians of this state exempted themselves from and is neither specifically directed at the Department’s proposed action nor
this law. to the procedures followed by the Department in proposing or adopting the
action.
b. The government is exempted from this law.
Penal Code section 30352, subdivision (e) provides an exhaustive list of
categories of individuals who are exempt from the requirement to obtain
approval from the Department prior to the sale or transfer of ammunition.
The Department lacks the authority to change these statutory exemptions.
115. California authorities, inclusive of the DOJ, are biased and will not No change has been made in response to this comment because this is a
authorize ammunition purchases fairly. generalized comment in opposition to the proposed regulation, and is neither
specifically directed at the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.
116. The fee should not be more than $10. No change has been made in response to this comment. The Department is
adopting the regulation, including the setting of fees, for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).
117. These regulations are unnecessary because ammunition is only No change has been made in response to this comment because the
harmful in conjunction with a firearm, and firearms are already Department determines that this comment objects to the underlying statute
well regulated. and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).

118. These regulations are unnecessary because felons are already No change has been made in response to this comment because the
prohibited from purchasing ammunition. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).

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119. Background checks should only be used to prevent the mentally ill No change has been made in response to this comment because the
from obtaining ammunition. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. Penal Code section 30305 prohibits any person from owning or
possessing ammunition if that person is prohibited from owning or
possessing a firearm, as specified. Those specifications include but are not
limited to prohibitions related to the potential purchaser or transferee’s
mental health status. The Department has no authority to limit which
statutory prohibitions apply to ammunition sales.
120. What exactly has been the cause or reasoning for such a new No change has been made in response to this comment. The Department is
regulation to exist? adopting the regulations for the reasons stated in the Initial Statement of
Reasons (inclusive of the addendum).
121. Could the information gathered pursuant to Penal Code sections No change has been made in response to this comment because the
30352 and 30370 and these proposed regulations be used for future Department determines that this comment is neither specifically directed at
law enforcement activities not specifically related to the the Department’s proposed action nor to the procedures followed by the
background check being conducted for the purpose of purchasing Department in proposing or adopting the action. The Department is adopting
ammunition? (E.g., to find people who are purchasing ammunition the regulation for the reasons stated in the Initial Statement of Reasons
for a firearm, the ownership of which they should have but did not (inclusive of the addendum).
previously report to the Department.)
Penal Code section 30352, subdivision (b) allows for the information
collected pursuant to subdivision (a), to be used by the Department and those
entities specified in, and pursuant to, subdivision (b) or (c) of Penal Code
section 11105, through the California Law Enforcement
Telecommunications System, only for law enforcement purposes.

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122. Opposition based on perceived lack of clarity regarding the The Department has amended the proposed regulations in response to this
process for purchasing ammunition: comment. Sections 4301, 4302, 4303, and 4305 have been amended to
provide additional clarity as to how an eligibility check may be requested, as
a. These regulations are incomplete because they do not well as the statutory criteria that a purchaser or transferee may rely upon to
adequately, or with specificity, explain the process for both decide which eligibility check to request. The regulations, in conjunction
consumers and ammunition vendors to follow in order to purchase with Penal Code section 30370, subdivision (a), make plain each option and
ammunition. when each is appropriate.

b. The Department of Justice should create and disseminate The Department does not have the authority to mandate which procedure a
explicit guidelines for how ammunition vendors should conduct purchaser or transferee uses to seek authorization to purchase ammunition.
background checks for ammunition purchases and transfers. If an individual’s information does not match an entry in the AFS system,
and the individual does not hold a current Certificate of Eligibility, the
individual may only be eligible for a Basic Ammunition Eligibility Check.
However, by statute, certain persons may gain authorization in multiple
ways. If an individual’s personal information matches an entry in the AFS
(e.g., from a previous firearm transaction), the individual is eligible for both
a Basic Ammunition Eligibility Check and a Standard Ammunition
Eligibility Check. If an individual holds a current Certificate of Eligibility,
the individual is eligible for both a Basic Ammunition Eligibility Check and
the COE Verification process. An individual could hold a current Certificate
of Eligibility, and have personal information that matches an entry in AFS,
and also qualify for the authorization provided by the Basic Ammunition
Eligibility Check. Instead of mandating which ammunition eligibility
process a person shall request, the Department determined that the most
effective way of clarifying the multiple methods of gaining authorization, as
provided by statute, is to clearly present each process and its attendant
requirements. The proposed regulations satisfy this goal. Ammunition
vendors are free to inquire of the potential purchaser or transferee about their
potential eligibility, before requesting one of the three types of eligibility
checks.

Additionally: ammunition vendors do not conduct background checks. The

regulations make clear that ammunition vendors shall collect the required
information and submit that information to the Department, which will then
conduct the eligibility check.
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123. There is no justification as to why the Department has set the fees No change has been made in response to this comment. The Department is
to the maximum allowed by Penal Code section 30370. How did adopting the regulation for the reasons stated in the Initial Statement of
DOJ determine they would charge $1 and $19 for Standard Reasons (inclusive of the addendum).
Firearms Eligibility Checks and One-Time Ammunition
Transactions, respectively? See also the Department’s response to comments #65, 71, 72 and 79.
124. The only purpose of these regulations is to show citizens that they No change has been made in response to this comment because this is a
are subjected to government power and control. Firearms policies generalized comment in opposition to the proposed regulation and to the
are carried out inefficiently and ineffectively, either intentionally underlying statute, and is neither specifically directed at the Department’s
or unintentionally – distinguishing which does not matter because proposed action nor to the procedures followed by the Department in
either way the purpose is to demonstrate government control. proposing or adopting the action. The Department is adopting the regulation
for the reasons stated in the Initial Statement of Reasons (inclusive of the
addendum).
125. Background checks are just a way to determine whether the No change has been made in response to this comment because the
purchaser is prohibited from ownership of ammunition. Department determines that this comment is neither an objection nor a
recommendation regarding the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.
Per Proposition 63 and Senate Bill 1235, ammunition eligibility checks are
intended to accomplish that purpose.

Alternatively, this comment may be interpreted as objecting to the various

statutory prohibitions on ammunition ownership. A background check
would reveal if a purchaser falls into a prohibited category, potentially
leading to the disapproval of the sale of ammunition, which the commenter
may be interpreted as opposing. No change has been made in response to
this comment because the Department determines that this comment objects
to the underlying statute and is neither specifically directed at the
Department’s proposed action nor to the procedures followed by the
Department in proposing or adopting the action. The Department is adopting
the regulation for the reasons stated in the Initial Statement of Reasons
(inclusive of the addendum).

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126. How long will I have to wait for the approval/denial from the No change has been made in response to this comment because the
Department? Department determines that this comment is neither an objection nor a
recommendation regarding the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.

Wait time will vary based on the eligibility check that is requested. As stated
in the Initial Statement of Reasons (inclusive of the addendum), the
Department estimates that a Standard Ammunition Eligibility Check and a
COE Verification will be completed in approximately two minutes. The
Basic Ammunition Eligibility Check will take longer to complete, because
that process requires a manual review of Department records by an analyst to
determine eligibility.
127. Why can’t the background checks be completed instantly? The No change has been made in response to this comment. The Department has
proposed regulations do not represent the best possible manner to implemented the best possible solution for electronically conducting the
implement the underlying statute. eligibility checks pursuant to Penal Code section 30370. As stated in the
Initial Statement of Reasons (inclusive of the addendum), the Department
estimates that a Standard Ammunition Eligibility Check and a COE
Verification will be completed in approximately two minutes. It is not
possible to provide an instant response for a Basic Ammunition Eligibility
Check because that process requires a manual review of Department records
by an analyst to determine eligibility.
128. There are instances where the instant background check process No change has been made in response to this comment because the
did not prevent prohibited persons from purchasing firearms. The Department determines that this comment objects to the underlying statute
public therefore bears the burden of these regulations while given a and is neither specifically directed at the Department’s proposed action nor
false sense of security. to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).

Alternatively, the comment may be interpreted as a claim that the proposed

regulations do not represent the best possible manner to implement the
underlying statute. As stated in the Initial Statement of Reasons, no other
reasonable alternative was considered by the Department that would have
been more effective, or as effective and less burdensome.

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129. Although I do not support background checks for ammunition No change has been made in response to this comment because the
purchases, I agree that Proposition 63 was passed according to Department determines that this comment is neither an objection nor a
legitimate procedures, and as such should be implemented. recommendation regarding the Department’s proposed action nor to the
Specifically, the exemption for Certificate of Eligibility holders procedures followed by the Department in proposing or adopting the action.
(Penal Code section 30370, subdivision (a)(2)) is sound public
policy.
130. The Act requires the purchaser to be matched in the Automated No change has been made in response to this comment because the
Firearms System, to be eligible with a COE, or buy a firearm at the Department determines that this comment objects to the underlying statute
same time as purchasing ammunition? How many documented and is neither specifically directed at the Department’s proposed action nor
incidences have been cited showing that criminals legally to the procedures followed by the Department in proposing or adopting the
purchased a firearm from a Federal firearms licensed dealer, action. The Department is adopting the regulation for the reasons stated in
purchased ammunition at the same time of taking delivery of that the Initial Statement of Reasons (inclusive of the addendum).
weapon and then committed a criminal act? This does not happen.
131. If the electronic system for requesting a background check fails No change has been made in response to this comment because the
(e.g. due to a power outage), will nobody in the state be approved Department determines that this comment objects to the underlying statute
to purchase ammunition? Will there be an alternative method? and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. Penal Code section 30370, subdivision (a) expressly directs the
Department to electronically approve the purchase or transfer of ammunition
through a vendor, with the exception provided in subdivision (d). Pursuant
to Penal Code section 30352, subdivision (d), an ammunition vendor shall
deny a sale or transfer if the vendor is unable to verify with the Department,
in the manner specified, that the potential purchaser or transferee is
authorized to do so.
132. Fee for Certificate of Eligibility (COE) Verification process No change has been made in response to this comment. The Department is
exceeds statutory authority. While Penal Code § 30370 provides adopting the regulation for the reasons stated in the Initial Statement of
for the recovery of a per-transaction fee of up to $1.00, this is Reasons (inclusive of the addendum).
being misapplied as to COE holders. Firearms dealers have never
before had to verify that a COE is still valid; therefore, doing so See also the Department’s response to comment #79.
for ammunition purchases is unnecessary. Even if it is necessary
to verify a COE, why is there a $1 fee for COE verification? The
cost of performing a check of personal data against the AFS is
hardly the same as the more simple process of verifying a COE,
yet they both cost the same amount.
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133. § 4302 Fails to Specify Criteria for Approval or Rejection. The No change has been made in response to this comment. Penal Code section
proposed regulation at § 4302 fails to set forth any criteria at all, 30370, subdivision (b) provides the criteria for denial of an ammunition
much less any objective measure, by which DOJ is to determine transaction, subsequent to a Standard Ammunition Eligibility Check. The
whether a purchaser or transferee “matches” an AFS entry under Department has determined that no further interpretation is necessary to
Penal Code § 30370. Nowhere is “match” defined in the proposed effectuate that statute.
regulations. Of concern especially are at least four issues:
Specifically:
(a) Will a mismatched address be a disqualifier? This would not
be fair since individuals sometimes move frequently, and there is a. Pursuant to Penal Code section 30370, subdivision (b), if the purchaser’s
no requirement to update information with DOJ for firearm or transferee’s personal information, including “current address,” does not
registration. match an AFS entry, the transaction shall be denied. The Department
determines that the commenter objects to the underlying statute and this
(b) Will a mismatched telephone be a disqualifier? Again, comment is neither specifically directed at the Department’s proposed action
telephone numbers change frequently, in many cases probably nor to the procedures followed by the Department in proposing or adopting
more often than addresses. the action. The Department is proposing regulations that will allow an
individual to update his or her address in AFS. (See OAL Notice File
(c) Will a change in name result in a denial? If so, this would Number Z-2018-0910-02.)
have a discriminatory impact on women who change their names
as a result of marriage, or dissolution of marriage. b. It is necessary to collect the purchaser’s or transferee’s telephone number
for reasons stated in the Initial Statement of Reasons (inclusive of the
(d) If one mismatched category not enough to deny the addendum). The purchaser’s or transferee’s telephone number is not one of
transaction, will the presence of multiple factors result in a denial? the pieces of information identified by Penal Code section 30370,
subdivision (b), as needing to be cross-referenced with the information
maintained in the AFS, and therefore the lack of a match would not result in
a denial.

c. Pursuant to Penal Code section 30370, subdivision (b), if the purchaser’s

or transferee’s personal information, including “name,” does not match an
AFS entry, the transaction shall be denied. No change has been made in
response to this comment because the Department determines that this
comment objects to the underlying statute and is neither specifically directed
at the Department’s proposed action nor to the procedures followed by the
Department in proposing or adopting the action. The Department is
proposing regulations that will allow an individual to update his or her name
in AFS. (See OAL Notice File Number Z-2018-0910-02.)

d. Pursuant to Penal Code section 30370, subdivision (b), if the purchaser’s

or transferee’s personal information does not match an AFS entry, the
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transaction shall be denied. The Department has determined that no further

interpretation of that statute is necessary to effectuate that law. The
Department is proposing regulations that will allow an individual to update
his or her AFS record. (See OAL Notice File Number Z-2018-0910-02.)

134. Will the department be analyzing the particular caliber of No change has been made in response to this comment because the
ammunition being purchased against firearms registered in AFS? Department determines that this comment objects to the underlying statute
As noted above, there are several scenarios where a legal firearms and is neither specifically directed at the Department’s proposed action nor
would not appear in the registry, including millions of rifles and to the procedures followed by the Department in proposing or adopting the
shotguns acquired in California prior to 2014. Individuals should action. There is no statutory or regulatory prohibition on the purchase of
not be precluded from purchasing ammunition for legally owned ammunition for a firearm not recorded in AFS, and the Department will not
firearms by virtue of a requirement that did not exist at the time of be “analyzing” the particular caliber of ammunition being purchased against
purchase, nor does their exist any mandate to register such firearms registered in the Automated Firearms System (AFS). Sections
unregistered firearms. Nothing in the proposed regulation would 4303, 4305, and 4306 of the proposed regulations expressly provide for
prevent this type of abuse by DOJ. ammunition transactions by individuals who may not have an entry in AFS.

Penal Code section 30352, subdivision (b) requires the Department to retain
information submitted to it pursuant to subdivision (a); that information may
only be used in the manner specified.
135. If the personal information required for a background check does No change has been made in response to this comment. As stated in the
not directly correspond with the criteria by which a denial would Initial Statement of Reasons (inclusive of the addendum), the Department
result, then it should not be necessary for ammunition vendors to has determined that the personal information required to conduct the
collect this information. Name, date of birth, and government Standard Ammunition Eligibility Check, the Basic Ammunition Eligibility
identification number should be sufficient. Check and the COE Verification is necessary to accurately identify persons
who request approval to purchase ammunition, and to match those persons
with the records available to the Department.

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136. Requiring a background check for ammunition purchases violates No change has been made in response to this comment because the
the Commerce Clause of the US Constitution. Department determines that this comment objects to any implementation of
the underlying statute and is neither specifically directed at the Department’s
(See Article 1, Section 8 of the US Constitution, Edwards v proposed action nor to the procedures followed by the Department in
California (1941), and consolidated cases of Granholm v Heald proposing or adopting the action. The Department has no authority to not
and Swedenburg v Kelly [in which U.S. Supreme Court, on a 5-4 implement the underlying statute. Per Article 3, Section 3.5 of the
vote, found state laws that prohibited out-of-state wineries from Constitution of California:
selling wine over the Internet directly to consumers violated the
Commerce Clause]). An administrative agency, including an administrative agency created by
the Constitution or an initiative statute, has no power:
“This Court has long held that, in all but the narrowest
circumstances, state laws violate the Commerce Clause if they (a) To declare a statute unenforceable, or refuse to enforce a statute, on
mandate “differential treatment of in-state and out-of-state the basis of it being unconstitutional unless an appellate court has made a
economic interests that benefits the former and burdens the latter.” determination that such statute is unconstitutional;
(Granholm v. Heald (2005)), (Swedenburg v. Kelly (2005))
(b) To declare a statute unconstitutional;

(c) To declare a statute unenforceable, or to refuse to enforce a statute on

the basis that federal law or federal regulations prohibit the enforcement
of such statute unless an appellate court has made a determination that the
enforcement of such statute is prohibited by federal law or federal
regulations.

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137. According to the US Supreme Court it is unconstitutional to charge No change has been made in response to this comment because the
a fee for the exercising of a right (Harper v Virginia Board of Department determines that this comment objects to any implementation of
Elections 1966), which these proposed regulations would the underlying statute and is neither specifically directed at the Department’s
implement. proposed action nor to the procedures followed by the Department in
proposing or adopting the action. The Department has no authority to not
See also Murdock v. Pennsylvania, 319 U.S. 105 (1943) implement the underlying statute. Per Article 3, Section 3.5 of the
Constitution of California:

An administrative agency, including an administrative agency created by

the Constitution or an initiative statute, has no power:

(a) To declare a statute unenforceable, or refuse to enforce a statute, on

the basis of it being unconstitutional unless an appellate court has made a
determination that such statute is unconstitutional;

(b) To declare a statute unconstitutional;

(c) To declare a statute unenforceable, or to refuse to enforce a statute on

the basis that federal law or federal regulations prohibit the enforcement
of such statute unless an appellate court has made a determination that the
enforcement of such statute is prohibited by federal law or federal
regulations.

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138. According to the US Supreme Court it is unconstitutional to No change has been made in response to this comment because the
register (record in a government database) the exercising of a right. Department determines that this comment objects to any implementation of
(Thomas v Collins 1945, Lamont v Postmaster General 1965, the underlying statute and is neither specifically directed at the Department’s
Haynes v US 1968), which these proposed regulations would proposed action nor to the procedures followed by the Department in
implement. proposing or adopting the action. The Department has no authority to not
implement the underlying statute. Per Article 3, Section 3.5 of the
Constitution of California:

An administrative agency, including an administrative agency created by

the Constitution or an initiative statute, has no power:

(a) To declare a statute unenforceable, or refuse to enforce a statute, on

the basis of it being unconstitutional unless an appellate court has made a
determination that such statute is unconstitutional;

(b) To declare a statute unconstitutional;

(c) To declare a statute unenforceable, or to refuse to enforce a statute on

the basis that federal law or federal regulations prohibit the enforcement
of such statute unless an appellate court has made a determination that the
enforcement of such statute is prohibited by federal law or federal
regulations.

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139. According to the US Supreme Court it is unconstitutional to No change has been made in response to this comment because the
require a precondition on the exercising of a right. (Guinn v US Department determines that this comment objects to any implementation of
1915, Lane v Wilson 1939); (ATF FORM 4473, CCW, licenses, the underlying statute and is neither specifically directed at the Department’s
"Cooling-off"/'waiting' period, smart gun requirements..) proposed action nor to the procedures followed by the Department in
proposing or adopting the action. The Department has no authority to not
implement the underlying statute. Per Article 3, Section 3.5 of the
Constitution of California:

An administrative agency, including an administrative agency created by

the Constitution or an initiative statute, has no power:

(a) To declare a statute unenforceable, or refuse to enforce a statute, on

the basis of it being unconstitutional unless an appellate court has made a
determination that such statute is unconstitutional;

(b) To declare a statute unconstitutional;

(c) To declare a statute unenforceable, or to refuse to enforce a statute on

the basis that federal law or federal regulations prohibit the enforcement
of such statute unless an appellate court has made a determination that the
enforcement of such statute is prohibited by federal law or federal
regulations.

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140. According to the US Supreme Court it is unconstitutional to No change has been made in response to this comment because the
require a license (government permission) to exercise a right. Department determines that this comment objects to any implementation of
(Murdock v PA 1943, Lowell v City of Griffin 1939, Freedman v the underlying statute and is neither specifically directed at the Department’s
MD 1965, Near v MN 1931, Miranda v AZ 1966); (CCW, proposed action nor to the procedures followed by the Department in
licenses..) proposing or adopting the action. The Department has no authority to not
implement the underlying statute. Per Article 3, Section 3.5 of the
Constitution of California:

An administrative agency, including an administrative agency created by

the Constitution or an initiative statute, has no power:

(a) To declare a statute unenforceable, or refuse to enforce a statute, on

the basis of it being unconstitutional unless an appellate court has made a
determination that such statute is unconstitutional;

(b) To declare a statute unconstitutional;

(c) To declare a statute unenforceable, or to refuse to enforce a statute on

the basis that federal law or federal regulations prohibit the enforcement
of such statute unless an appellate court has made a determination that the
enforcement of such statute is prohibited by federal law or federal
regulations.

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141. According to the US Supreme Court it is unconstitutional to delay No change has been made in response to this comment because the
the exercising of a right. (Org. for a Better Austin v Keefe 1971); Department determines that this comment objects to any implementation of
(ATF FORM 4473, CCW, licenses, "Cooling-off"/'waiting' the underlying statute. The Department has no authority to not implement the
period...) underlying statute and is neither specifically directed at the Department’s
proposed action nor to the procedures followed by the Department in
proposing or adopting the action. Per Article 3, Section 3.5 of the
Constitution of California:

An administrative agency, including an administrative agency created by

the Constitution or an initiative statute, has no power:

(a) To declare a statute unenforceable, or refuse to enforce a statute, on

the basis of it being unconstitutional unless an appellate court has made a
determination that such statute is unconstitutional;

(b) To declare a statute unconstitutional;

(c) To declare a statute unenforceable, or to refuse to enforce a statute on

the basis that federal law or federal regulations prohibit the enforcement
of such statute unless an appellate court has made a determination that the
enforcement of such statute is prohibited by federal law or federal
regulations.
142. These regulations do not clearly stipulate what additional fees an No change has been made in response to this comment. The comment
ammunition vendor can charge for each ammunition transaction. appears to be referring to a provision of SB 1235 which did not become
The regulations should include a statement concerning the fees operative due to the passage of Proposition 63. That provision, which would
allowed to be collected by an ammunition vendor. Specifically, have adopted Penal Code section 30364, would have set a limit on the fees
the fee should be left to the discretion of the vendor, and not that an ammunition vendor could charge for each ammunition purchase
capped at $10 per transaction. authorization at $10. These regulations do not implement that proposed
section. Rather, the Department is adopting the regulation for the reasons
stated in the Initial Statement of Reasons (inclusive of the addendum).

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143. I object to the government knowing how much ammunition I No change has been made in response to this comment because the
purchase. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).

Penal Code section 30352, subdivision (a)(3) requires the ammunition

vendor to record the amount of ammunition sold or otherwise transferred.
Penal Code section 30352, subdivision (b) requires the ammunition vendor
to submit that information to the Department.
144. I object to the government knowing what types of ammunition I No change has been made in response to this comment because the
purchase. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).

Penal Code section 30352, subdivision (a)(3) requires the ammunition

vendor to record the types of ammunition sold or otherwise transferred.
Penal Code section 30352, subdivision (b) requires the ammunition vendor
to submit that information to the Department.
145. Opposition on the basis of a perceived lack of clarity regarding No change has been made in response to these comments. The comments
how to obtain an ammunition purchase authorization certificate or appear to be referring to a provision of Proposition 63 which did not become
identification card: operative. That provision would have allowed individuals to apply for a 4-
year ammunition purchase authorization, sometimes referred to as a
a. The regulations are vague as to how a CA resident obtains a “certificate” to purchase ammunition (see Proposition 63, Penal Code section
certificate to purchase ammunition in CA, what the cost of the 30370). These regulations do not implement that proposed provision.
certificate is, how long it is good for, and what, if any, is the Rather, the Department is adopting the regulation for the reasons stated in
waiting period once an individual has a certificate to pick up the the Initial Statement of Reasons (inclusive of the addendum).
ammunition.

b. The process to obtain an ammunition purchase authorization,

and its related limitations, is overly burdensome.
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146. Why is the COE Verification Process in proposed section 4305 No change has been made in response to this comment. The COE
different than the process in proposed section 4306 for a Federal Verification process in section 4305 implements Penal Code section 30370,
Firearms License holder? subdivision (a)(2). The process in section 4306 makes specific the
requirement that individuals who are exempted from the ammunition
authorization program per Penal Code section 30352, subdivision (e) are
“properly identified.” The proposed regulations are clear as to this
distinction. The Department is adopting the regulation for the reasons stated
in the Initial Statement of Reasons (inclusive of the addendum).
147. I have tried to contact you by telephone several times but your The Department interprets this comment as a procedural objection regarding
system fails to record a message. Government Code section 11346.5, subdivision (a)(14). Several other
commenters were able to successfully contact the Department at the
telephone number provided, and no other commenter expressed difficulty
contacting the Department at the number provided on the Notice of
Proposed Rulemaking, or leaving a message in the voicemail box for that
telephone number.
148. The California government is trying to disincentivize firearms No change has been made in response to this comment because the
usage by adding barriers to obtaining the required supplies. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).

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149. The proposed regulations are confusing and vague. If someone No change has been made in response to this comment. See the
pays the $19 fee for a Basic Ammunition Eligibility Check and is Department’s response to comment #107.
approved for that single transaction, do they have to go through the
same process, and pay the same fee, the next time they wish to If an individual’s personal information matches an entry in the AFS (e.g.,
purchase ammunition? Or are they then “in the system” and only from a previous firearm transaction), the individual is eligible for both a
have to undergo the Standard Ammunition Eligibility Check in the Basic Ammunition Eligibility Check and a Standard Ammunition Eligibility
future? Check. If an individual’s information does not match an entry in the AFS
system, and the individual does not hold a current Certificate of Eligibility,
the individual may only be eligible for a Basic Ammunition Eligibility
Check. There is no statute, nor any proposed regulation, whereby approval
of a single ammunition transaction subsequent to a Basic Ammunition
Eligibility Check would make an individual eligible for a Standard
Ammunition Eligibility Check in the future.

The Basic Ammunition Eligibility Check is the procedure developed

pursuant to Penal Code section 30370, subdivision (c), by which persons
who are not prohibited from purchasing or possessing ammunition may be
approved for a single ammunition transaction or purchase. The Department
has changed the title of proposed section 4303 to “Basic Ammunition
Eligibility Check (Single Transaction or Purchase).” The parenthetical
“(Single Transaction or Purchase)” has been included in the title of section
4303 because this language mirrors Penal Code section 30370, subdivision
(c), which section 4303 implements. Both the regulation and the statute
make clear that the Basic Ammunition Eligibility Check provides a
determination for a single transaction or purchase.
150. I have little faith the system will work within a minute, so the time No change has been made in response to this comment. The Department is
lag values and costs to both retailers and customers is highly adopting the regulation for the reasons stated in the Initial Statement of
suspect. Reasons (inclusive of the addendum).
151. The estimated number of ammunition purchases and transactions is No change has been made in response to this comment. The Department is
inflated. I suspect that it has been inflated for purpose of adopting the regulation for the reasons stated in the Initial Statement of
generating additional income to DOJ, to cover the start-up and Reasons (inclusive of the addendum). The Department has provided the best
ongoing costs of the system. possible estimate given there is no current data that tracks California
ammunition sales.

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152. There is no timeframe provided in proposed section 4303 for when No change has been made in response to this comment. The Department is
purchasers will be notified of the reason for the rejection. unable to provide a specific time frame for when a Basic Ammunition
Eligibility Check will be completed, because that process requires a manual
review of Department records by an analyst to determine eligibility.

See also the Department’s response to comments #126 and 127.

153. I see no penalty whatsoever if a felon tries to buy ammunition and No change has been made in response to this comment because the
gets caught. If there is no real enforcement of the purported Department determines that this comment objects to the underlying statute
targets of background checks (i.e., to prevent prohibited persons and is neither specifically directed at the Department’s proposed action nor
from purchasing ammunition), there is no need to unnecessarily to the procedures followed by the Department in proposing or adopting the
burden everyone else. action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).
154. This process is cumbersome. Every time I want to purchase No change has been made in response to this comment because the
ammunition I will have to provide the same information over and Department determines that this comment objects to the underlying statute
over again. Isn’t there a better way to minimize this redundancy? and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).

Alternatively, this comment may be interpreted as a claim that the proposed

regulations do not represent the most effective manner in carrying out the
purpose for which the regulation is proposed. As stated in the Initial
Statement of Reasons, no other reasonable alternative was considered by the
Department that would have been more effective, or as effective and less
burdensome to affected private persons than the proposed regulations.

See also the Department’s response to comment #107.

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155. If the transaction is approved, why must dealers waste more time The Department has amended the proposed regulations in response to this
to record the date and time the ammunition was delivered? Why is comment. Section 4308, subdivision (c)(2) has been amended to remove the
it not the case that the ammunition can be delivered anytime within requirement that the vendor record the time and date the ammunition is
an X number of days window following an approval? If the delivered, and instead to require that the vendor submit the ammunition sale
purpose is to check eligibility, then why is the state wanting to information required by Penal Code section 30352, subdivision (a). Per
record a delivery? Is it not sufficient to just verify the eligibility? Penal Code section 30352, subdivisions (a) and (b), ammunition vendors
must, at the time of delivery, record specified information and electronically
submit that information to the Department. This requirement has been
duplicated in the regulation for the purpose of clarity.
156. Section 4303. How does an ammunition purchaser transition from No change has been made in response to this comment because the
Basic to Standard Eligibility Check, in order to not have to pay the Department determines that this comment is neither an objection nor a
$19 fee every time? recommendation regarding the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.

A purchaser does not “transition” from one type of eligibility check to

another; authorization is granted pursuant to the requirements of Penal Code
section 30370 as implemented by sections 4302 and 4303. If an individual’s
information does not match an entry in the AFS system, and the individual
does not hold a current Certificate of Eligibility, the individual may only be
eligible for a Basic Ammunition Eligibility Check. If an individual’s
personal information matches an entry in the AFS, the individual is eligible
for both a Basic Ammunition Eligibility Check and a Standard Ammunition
Eligibility Check.

157. Sections 4305. Are purchasers of ammunition also required to No change has been made in response to this comment because the
obtain a Certificate of Eligibility? Department determines that this comment is neither an objection nor a
recommendation regarding the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.

Per Penal Code section 30370, subdivision (a)(2), a person who holds a
current Certificate of Eligibility, as verified by the Department, is authorized
to purchase ammunition, but a purchaser of ammunition is not required to
obtain a Certificate of Eligibility.

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158. Section 4306. A valid Federal Firearms License is listed as The Department has amended the proposed regulations in response to this
acceptable identification to prove the individual is exempt from comment. Section 4306 has been amended to clarify what types of Federal
Departmental approval. Does this include a Type 03 (Curio & Firearms Licenses will provide proper identification for the exemption types
Relic) FFL? listed in Penal Code section 30352, subdivision (e).

The Department has determined that, by itself, a Type 03 (Curio and Relic)
FFL would not properly identify any of the persons listed by Penal Code
section 30352, subdivision (e).
159. Section 4307. An internet/telephone service provider cannot be No change has been made in response to this comment. Penal Code section
mandated to provide documentation of their inability to provide 30370, subdivision (d) provides that, for a vendor that cannot electronically
service to an ammunition vendor. This creates a hardship for the verify a person’s eligibility via internet connection, the Department must
ammunition vendor without service, and creates an unfair provide a telephone line to verify eligibility. That option is made available
advantage in the marketplace. “to ammunition vendors who can demonstrate legitimate geographical and
telecommunications limitations in submitting the information electronically
and are approved by the Department to use the telephone line verification.”
The Department has determined that proposed section 4307 provides the best
interpretation of what it would mean for a vendor to “demonstrate legitimate
geographical and telecommunications limitations.” The Department is
adopting the regulation for the reasons stated in the Initial Statement of
Reasons (inclusive of the addendum).
160. Because some individuals are exempted, the law creates first and No change has been made in response to this comment because the
second class citizens. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).

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161. Most local enforcement agencies issue new ammunition to current No change has been made in response to this comment because the
employees on a yearly basis. Peace officers are often bound by Department determines that this comment objects to the underlying statute
their agencies to carry particular types of ammunition. If a peace (Penal Code section 30352, subdivision (e)(7)), and is neither specifically
officer cannot purchase the same type of ammunition on their own, directed at the Department’s proposed action nor to the procedures followed
they will be forced to carry unauthorized ammunition as reserve by the Department in proposing or adopting the action. The Department is
ammunition. This presents a liability. They will also be forced to adopting the regulation for the reasons stated in the Initial Statement of
practice with the unauthorized “range” ammunition, which is Reasons (inclusive of the addendum).
inadequate. I urge you to amend this law to allow active duty and
retired law enforcement personnel to purchase ammunition online,
and not just through their agencies.
162. The regulations are too vague. On what basis would a background No change has been made in response to this comment. Penal Code section
check result in a denial? There are no guidelines. 30370 provides the criteria for denial of an ammunition transaction,
subsequent to a Standard Ammunition Eligibility Check or Basic
Ammunition Eligibility Check. Federal law and California Penal Code
section 30305 stipulate who is prohibited from owning, possessing or having
in their custody ammunition. The Department has determined that no further
interpretation is necessary to effectuate those statutes.

See also the response to comment #133.

163. How would the proposed regulations benefit the State of California No change has been made in response to this comment because this is a
if individuals that are already prohibited to possess ammunition be generalized comment in opposition to the proposed regulation and to the
unable to obtain Department approval to purchase ammunition? underlying statute, and is neither specifically directed at the Department’s
proposed action nor to the procedures followed by the Department in
proposing or adopting the action. The Department is adopting the regulation
for the reasons stated in the Initial Statement of Reasons (inclusive of the
addendum). Currently there is no mechanism to stop a prohibited person
from purchasing ammunition at the point-of-sale.

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164. How can a vendor absolutely ensure the ammunition purchaser or No change has been made in response to this comment. Per Penal Code
transferee is not prohibited? Could the vendor be legally and section 30370, subdivision (d), a vendor is prohibited from providing a
morally liable if a purchase or transfer was made to a prohibited purchaser or transferee ammunition without Department approval. Proposed
individual that uses the ammunition to commit a crime if the section 4308, subdivision (a) explains how Department approval will be
eligibility check was conducted and approved by the Department? communicated to the vendor, and 4308, subdivision (b) explains that, once
approval has been communicated, ammunition may be delivered. Questions
regarding any potential future liability are outside the scope of these
regulations.
165. Does the proposed regulation rely on existing regulations or No change has been made in response to this comment because the
eligibility-check processes to keep prohibited individuals from Department determines that this comment is neither an objection nor a
purchasing ammunition? recommendation regarding the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.

The proposed regulations implement new laws recently passed by the

Legislature and the voters of California, as stated in the Initial Statement of
Reasons.

166. Are there any flaws in the existing regulations or eligibility-check No change has been made in response to this comment because the
processes if a prohibited individual is in possession of ammunition Department determines that this comment is neither an objection nor a
now? recommendation regarding the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.
There are no existing regulations that regulate the purchase of ammunition in
California.

Alternatively, this comment may be interpreted as a claim that the proposed

regulations do not represent the most effective manner in carrying out the
purpose for which the regulation is proposed. As stated in the Initial
Statement of Reasons, no other reasonable alternative was considered by the
Department that would have been more effective, or as effective and less
burdensome to affected private persons than the proposed regulations.

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167. If prohibited individuals already possess ammunition, how can the No change has been made in response to this comment because the
process of the proposed regulation benefit public safety? Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).

The Department is unable to identify prohibited individuals who are

currently in possession of ammunition. The regulations, by implementing
Penal Code sections 30352 and 30370, will help prevent prohibited
individuals from acquiring ammunition in the future.
168. Does the Department consider public safety solely based on No change has been made in response to this comment because the
ammunition possession by prohibited individuals? What factors Department determines that this comment objects to the underlying statute
does the Department consider affects public safety? I believe there and is neither specifically directed at the Department’s proposed action nor
are many other factors that affect public safety and the proposed to the procedures followed by the Department in proposing or adopting the
regulation to prevent prohibited individuals from possessing action. The Department is adopting the regulation for the reasons stated in
ammunition, when those individuals are already prohibited, is the Initial Statement of Reasons (inclusive of the addendum).
redundant in its redundancy.
The Department disagrees that requiring eligibility checks for ammunition
transactions is redundant of a law prohibiting certain individuals from
possessing ammunition. The eligibility checks implemented by these
regulations will help enforce the prohibition.

The Initial Statement of Reasons states, “These regulations will benefit

public safety by various means, including regulating the sale of ammunition
to prevent the acquisition by convicted felons, the dangerously mentally ill
and other persons who are prohibited from possessing firearms and
ammunition.”
169. How can the proposed regulations not have direct impact on No change has been made in response to this comment. As stated in the
businesses if the fee for ammunition eligibility checks must be Initial Statement of Reasons, the Department estimates that there will be a
collected by the business and transferred to the Department by the direct cost for ammunition vendors to process these transactions.
businesses? Management and accounting efforts must be
employed by the business.

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170. California businesses will have a disadvantage compared to out-of- No change has been made in response to this comment because the
state businesses. Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).

171. Obtaining a Certificate of Eligibility (COE) is a fairly extensive No change has been made in response to this comment. The Department is
process including fingerprinting. It would appear that alone should adopting the regulation for the reasons stated in the Initial Statement of
be sufficient for individuals that have one to use to establish the Reasons (inclusive of the addendum).
ability to purchase ammunition for the duration of the COE. Why
can’t a COE by itself be used to establish one’s ability to purchase Proposed section 4305 provides the process by which a Certificate of
ammunition? Why does there need to be an additional background Eligibility may be verified as being “current,” per Penal Code section 30370,
check? subdivision (a)(2). The regulations provide for three types of eligibility
checks—Basic Ammunition Eligibility Check, Standard Ammunition
Eligibility Check and COE Verification. An individual who holds a current
Certificate of Eligibility is eligible for COE Verification and is not required
to undergo any other background check.
172. How long are the ammunition sales records kept? No change has been made in response to this comment because the
Department determines that this comment is neither an objection nor a
recommendation regarding the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.

Pursuant to Penal Code section 30355, all records required by Article 3,

relating to Ammunition Vendors, shall be maintained on the premises of the
vendor for a period of not less than five years from the date of the recorded
transfer.

Pursuant to Penal Code section 30352, subdivision (b), the Department

“shall retain” the information submitted to it pursuant to subdivision (a).

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173. How is the records information going to be used? Because No change has been made in response to this comment because the
ammunition is a non-durable good, what use is there in keeping Department determines that this comment is neither an objection nor a
historical records? recommendation regarding the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.

Pursuant to Penal Code section 30352, subdivision (b), the information

submitted to it pursuant to subdivision (a) may be used by the Department
and those entities specified in, and pursuant to, subdivision (b) or (c) of
Section 11105, through the California Law Enforcement
Telecommunications System, only for law enforcement purposes.

174. Ammunition sales records could be used by law enforcement to No change has been made in response to this comment because the
harass law abiding citizens engaged in lawful activities. What Department determines that this comment objects to the underlying statute
safeguards are being utilized to prevent harassment? and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).

175. Ammunition Sales At Shooting Ranges are apparently exempt No change has been made in response to this comment because the
from the regulations as long as the ammunition does not leave the Department determines that this comment objects to the underlying statute
facility. How is this going to be policed? Will the ranges have to and is neither specifically directed at the Department’s proposed action nor
search each customer’s bags, etc. before they leave for to the procedures followed by the Department in proposing or adopting the
compliance? Will DOJ personnel perform spot checks? What action. These regulations implement the ammunition authorization program
happens if they purchase 100 rounds to shoot and only shoot 99? as enacted by Penal Code sections 30352 and 30370.
Is that one round significant? Couldn’t someone ineligible to
purchase ammunition simply go to a range, purchase ammunition Penal Code section 30352, subdivision (e)(3) exempts ammunition vendors
and leave? Who would be able to stop them? Are you putting the from the requirements of subdivisions (a) and (d), as specified. The
range personnel into a police function? Department has determined that it is the responsibility of the target facility to
ensure that the exemption provided by subdivision (e)(3) is satisfied–
including the final disposition of any ammunition sold or transferred–
because the Department is not involved in these purchases or transfers.

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176. I only own one firearm. Will these regulations preclude me from No change has been made in response to this comment because the
purchasing ammunition in a caliber other than for the firearm I Department determines that this comment is neither an objection nor a
personally own? recommendation regarding the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.

There is nothing in Penal Code sections 30352 or 30370, or these

regulations, that would prohibit someone from purchasing a particular type
of ammunition.
177. I only own one firearm. If I were to sell the firearm or transfer the No change has been made in response to this comment. Pursuant to Penal
firearm ownership to my daughter, would I then be precluded from Code section 30370, subdivision (b), if the purchaser’s or transferee’s
purchasing ammunition without having to go through the One information does not match an entry in the Automated Firearm System, the
Time Purchase process and pay the $19.00, or would my previous transaction shall be denied. The Automated Firearms System (AFS) is a
ownership allow me to only pay the One Dollar Fee? repository of firearm records, populated by way of firearm purchases or
transfers at a California licensed firearm dealer, registration of assault
weapons, an individual’s report of firearm ownership to the Department,
Carry Concealed Weapons Permit records, or records entered by law
enforcement agencies. If, due to a sale or transfer, the entry in the AFS is
updated so that the person is no longer associated with that entry, then that
person’s information would not match an entry in the AFS, and that person
would then not be authorized to purchase or transfer ammunition subsequent
to a Standard Ammunition Eligibility Check.
178. The One Time Purchase process appears to be discriminatory to No change has been made in response to this comment because the
otherwise law abiding California residents simply because they Department determines that this comment objects to the underlying statute
have not purchased a firearm. Why are law abiding Californians and is neither specifically directed at the Department’s proposed action nor
treated differently than firearm owners? to the procedures followed by the Department in proposing or adopting the
action. The Department is adopting the regulation for the reasons stated in
the Initial Statement of Reasons (inclusive of the addendum).

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179. Section 4303: Why isn’t the fact that someone is not on some No change has been made in response to this comment. This comment may
Prohibited Persons List sufficient for purchase? be interpreted as a claim that the proposed regulations do not represent the
most effective manner in carrying out the purpose for which the regulation is
proposed. The Basic Ammunition Eligibility Check requires a manual
review of Department records by an analyst to determine eligibility. This is
because there is no extant list of all persons who are prohibited from owning,
possessing, or having under their custody or control ammunition pursuant to
Penal Code section 30305 or federal law. In addition to lacking the authority
to create such a list, doing so, and keeping it up to date, would be
prohibitively expensive.
180. Why is the Background Check Letter only good for one purchase? No change has been made in response to this comment. The certification
It should, as a minimum, be good to purchase ammunition for the (letter) is only valid for one purchase during the 30 day period to ensure the
full 30 days. Vendors can easily make a copy of the letter for their head of agency is aware of and authorizes all ammunition purchases.
records.
181. How is the $19.00 Standard Ammunition Eligibility Check No change has been made in response to this comment.
conducted? Is this initiated at/or by the Ammunition Vendor?
Would the fee be submitted through the Ammunition Vendor? If The fee for a Standard Ammunition Eligibility Check is $1, not $19.
so, would the letter be sent directly to the customer?
Section 4302 explains the process by which a Standard Ammunition
Eligibility Check is initiated.

Section 4309 explains the process by which the vendor shall make payments
for the previous month’s ammunition eligibility check and COE Verification
activity.

Sections 4302, subdivision (d) and 4308, subdivision (a) explain that an
approved eligibility check or COE verification will result in a status update
to the DES transaction record. A letter would only be sent to the customer
pursuant to section 4303, subdivision (d)(2), when a Basic Ammunition
Eligibility Check is denied.

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182. Does this Check need to be submitted to DOJ by the purchaser No change has been made in response to this comment. Section 4309,
directly? If so, is it by Mail? Website? Will credit cards be subdivision (a) is clear that monthly billing statements for the previous
acceptable? Will there be a form on the DOJ website to submit? month’s ammunition eligibility check and COE verification activity will be
Will it need to be mailed in? Can it be submitted on line? delivered to the ammunition vendor’s account. Section 4309 is clear that
payment shall be made using a credit card or debit card.
183. How long is this check anticipated to take? No change has been made in response to this comment. See the
Department’s response to comments #126, 127 and 152.
184. After reviewing your economic analysis of the proposed No change has been made in response to this comment because this is a
regulations, I find that your analysis is flawed. It is either erringly generalized comment in opposition to the proposed regulation and to the
simplistic, exceedingly optimistic or deliberately misleading. I underlying statute, and is neither specifically directed at the Department’s
believe your contention that these regulations have no economic proposed action nor to the procedures followed by the Department in
impact to businesses, especially small businesses, is wrong. proposing or adopting the action. The Department is adopting the regulation
for the reasons stated in the Initial Statement of Reasons (inclusive of the
addendum), specifically the section “Economic Impact Analysis.” The
Department provided the best possible estimate given there is no current data
that tracks California ammunition sales.
185. Without any actual data to determine the sales, I would actually No change has been made in response to this comment. The Department
suspect that sales may go down due to the increase in obtrusive disagrees that these regulations will lead to fewer ammunition sales. As
regulations. Was any thought given to the probability that sales stated in the Initial Statement of Reasons, the Department estimates that over
would go down, especially for casual shooters? 98 percent of authorizations will be conducted using either a Standard
Ammunition Eligibility Check or COE verification, and neither the $1 fee
nor, the approximated 2 minute process will deter firearm enthusiasts from
purchasing ammunition. As for the Basic Ammunition Eligibility Check, the
Department determines that it is most likely that firearm enthusiasts will
purchase the same quantity of ammunition, but in fewer transactions. The
Department’s ammunition purchase estimate methodology is presented in the
Initial Statement of Reasons.

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186. The two minute additional time is unrealistic, as is your No change has been made in response to this comment. The Standard
assumption that people will continue to shop during those two Ammunition Eligibility Check (SAEC) and the COE verification process,
minutes. Is the two minute estimate based on the assumption of which the Department estimates will comprise over 98 percent of
time for the actual clearance inquiry only? authorization requests, are automated checks of records contained in the
Department’s computer systems. The two minute estimate is based on the
time it takes the ammunition vendor to enter the data and for the
Department’s computer system to complete the check. The majority of the
data for the SAEC and the COE verification processes are automatically
collected via a magnetic strip reader, as described by Penal Code section
28180. The date of sale and the salesperson’s name will be collected
automatically through the Dealers Record of Sale Entry System (DES)
account.
187. The amount of time to conduct a sale of ammunition will include No change has been made in response to this comment. The Standard
all the data input and records- name, address, Driver’s License Ammunition Eligibility Check (SAEC) and the COE verification process,
number, date of sale, detailed input of each box of ammo which the Department estimates will comprise over 98 percent of
purchased and input of salesperson name. This is a significant authorization requests, are automated checks of records contained in the
impact on the business. Were these factors included in your time Department’s computer systems. The two minute estimate is based on the
analysis? Or were they not considered as part of the regulations time it takes the ammunition vendor to enter the data and for the
impact? Department’s computer system to complete the check. The majority of the
data being collected for the SAEC and the COE verification processes are
automatically collected via a magnetic strip reader, as described by Penal
Code section 28180. The date of sale and the salesperson’s name will be
collected automatically through the Dealers Record of Sale Entry System
(DES) account.

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188. Your assumption that people will continue to shop during the No change has been made in response to this comment. As stated in the
clearance inquiry is unlikely. State law requires the sale of Initial Statement of Reasons (inclusive of the addendum), the Department
ammunition to be conducted in a face-to-face sale. Sales estimates that 98 percent of eligibility checks will take approximately two
personnel are required to obtain the ammunition personally to the minutes to process. Two additional minutes in the store provides two
customer. This takes a lot of time. No customer is going to leave additional minutes for the purchaser or transferee to purchase additional
the counter to shop at this point, especially if the only reason they items. Many stores provide merchandise for sale at or near the register.
came into the store was to purchase ammunition. So there would
be no economic advantage to the business. I would propose it There is no data that the proposed regulations will impose a significant
would be the exact opposite, they would tend to lose some burden on ammunition purchases. At this point, the Department can only use
business from the overall situation of purchasing ammunition. its best estimates as to the impact on ammunition sales. As stated in the
Economic Impact Assessment in the Initial Statement of Reasons, the
How was this assumption of continued purchasing arrived at? Department has used the most reasonable estimates derived from extensive
What data or information was used in this assumption? Was there research into sales of ammunition.
any factual information used in arrival of this conclusion?
189. Your assessment included that the fee cost would not deter any No change has been made in response to this comment. The Department
purchases. This is incorrect. disagrees that these regulations will lead to fewer ammunition sales. As
stated in the Initial Statement of Reasons, the Department estimates that over
98 percent of authorizations will be conducted using either a Standard
Ammunition Eligibility Check or COE verification, the Department has
determined that the $1 fee will not deter firearm enthusiasts from purchasing
ammunition. As for the Basic Ammunition Eligibility Check, the
Department determines that it is most likely that firearm enthusiasts will
purchase the same quantity of ammunition, but in fewer transactions. The
Department’s ammunition purchase estimate methodology is presented in the
Initial Statement of Reasons.

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190. Is the One Dollar Fee ($1.00) per transaction or per box of No change has been made in response to this comment. Penal Code section
ammunition? 30370, subdivision (e) requires the Department to recover the reasonable
cost of activities related to the ammunition authorization program by
charging a per transaction fee.

The proposed $1 fee to conduct a Standard Ammunition Eligibility Check, or

to verify a Certificate of Eligibility, is collected per ammunition purchase or
transfer, without limit or reference to the amount of ammunition being
purchased or transferred. The Department disagrees that this is unclear in
the proposed regulations, which refer in the singular to “the purchase or
transfer” (section 4302(c)) and “the ammunition purchase or transfer”
(section 4305 (c)).
191. Your statement that ammunition vendors would be able to handle No change has been made in response to this comment. The Department is
multiple transactions at a time is unrealistic. Do you really expect adopting the regulation for the reasons stated in the Initial Statement of
that customers would be open to having someone handle multiple Reasons (inclusive of the addendum).
transactions while they are waiting on their sale or that businesses
would be willing to do that?
192. The only increase in jobs is apparently the DOJ. These job costs No change has been made in response to this comment because the
appear to be assumed to be covered by inquiry fees. Do fees also Department determines that this comment is neither an objection nor a
cover the associated job costs, including health insurance, recommendation regarding the Department’s proposed action nor to the
retirement benefits, etc.? procedures followed by the Department in proposing or adopting the action.

As stated in the Initial Statement of Reasons (inclusive of the addendum), the

fees are used to recover the reasonable cost of regulatory and enforcement
activities related to the ammunition authorization program. This includes
associated job costs.

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193. Proposed Title 11 section 4306 (b) – For this proposed section, The Department has amended the proposed regulations in response to this
Penal Code Section 30352 is referenced as the statutory authority comment. Section 4306 has been amended to clarify the documentation
for its provisions. However, PC 30352 deals only with the required to meet the requirement in Penal Code section 30352, subdivision
recording of ammunition purchaser information as specified in (e) that an exempted person be “properly identified.” The explanation of this
subdivision (a) and exemptions thereto. change is provided in the Final Statement of Reasons.

Sworn peace officers are exempted under PC 30352 (e)(8) and are Penal Code section 30352 is referenced as the statutory authority because
statutorily required only to provide ammunition vendors with subdivision (e) of that section provides the exemption that is implemented by
“...verifiable written certification from the head of the agency...” section 4306. Specifically, ammunition vendors are exempt from the
This does not specifically include a “... photocopy of the front and requirements of Penal Code section 30352, subdivision (a), which involves
back of the sworn state or local peace officer’s credential and the recording of information, and from subdivision (d), which requires the
California Driver License, or a photocopy of the front and back of vendor to verify with the Department that a purchaser or transferee is
a sworn federal officer’s business card and driver license...” as authorized to purchase ammunition prior to completing a sale or transfer, if
proposed. the person to whom the ammunition is being sold or transferred belongs to a
class described in subdivision (e).

Penal Code section 30352, subdivision (f) authorizes the Department to

adopt regulations to implement the provisions of that section. The
Department is adopting the regulation for the reasons stated in the Initial
Statement of Reasons (inclusive of the addendum).
194. The cited authorizing statute does not specify that the required No change has been made in response to this comment. Penal Code section
certification from the head of the agency shall expire 30 days after 30352, subdivision (f) authorizes the Department to adopt regulations to
issuance or at any other future length of time. Yet, the proposed implement the provisions of that section. The Department is adopting the
Title 11 regulations would impose a 30-day expiration date not regulation for the reasons stated in the Initial Statement of Reasons
specifically authorized by law. (inclusive of the addendum). As stated in the Initial Statement of Reasons,
no other reasonable alternative was considered by the Department that would
The proposed 30-day limitation on a head of agency’s have been more effective, or as effective and less burdensome to affected
authorization for a sworn peace officer to purchase ammunition private persons than the proposed regulations. The certification (letter) is
would be unnecessary and unduly burdensome for both the head of only valid for one purchase during the 30-day period to ensure the head of
an agency and the agency’s sworn peace officers. It would agency is aware of and authorizes all ammunition purchases.
generally prove to be impractical and unworkable under the
realities of law enforcement agency operations.

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195. The proposed regulations to implement Penal Code Section No change has been made in response to this comment. The Department is
30352(e)(8) would adversely impact the suppliers of ammunition adopting the regulation for the reasons stated in the Initial Statement of
to law enforcement making the conduct of business unduly Reasons (inclusive of the addendum). As stated in the Initial Statement of
difficult and costlier with no significant benefit to the objective of Reasons, no other reasonable alternative was considered by the Department
keeping ammunition out of the wrong hands. that would have been more effective, or as effective and less burdensome to
affected private persons than the proposed regulations.
Accordingly, law enforcement ammunition vendors are asking that
the above described additional record keeping and 30-day
ammunition purchase certification expiration for sworn peace
officers be deleted from the proposed regulations.
196. We request clarification relative to what types of documentation The Department has amended the proposed regulations in response to this
would be required or suggested to determine whether an individual comment. Section 4306 has been amended to clarify the documentation
meets the requirements for exemption under proposed section required to meet the requirement in Penal Code section 30352, subdivision
4306(a)(1) and (3). (e) that an exempted person be “properly identified.” The explanation of this
change is provided in the Final Statement of Reasons.
197. Proposed Title 11 section 4306 (a) does not include Department of The Department has amended the proposed regulations in response to this
Justice (DOJ) licensed ammunition vendors. Not all DOJ Licensed comment. Section 4306 has been amended to include licensed Ammunition
Ammunition Vendors have a Federal Firearms License (FFL) as Vendors. Further explanation of this change is provided in the Final
they do not also sell firearms and therefore have no need for an Statement of Reasons.
FFL. However, they are licensed by DOJ and should be listed in
section 4306 (a) as well.
198. In regards to the 30-day limit in proposed section 4306, does that No change has been made in response to this comment. As originally written
apply to all exemptions for ammunition purchases or transfers? in section 4306, subdivision (b), “the verifiable written certification from the
head of the agency expires 30 days after issuance.” The same provision is
written in the amended text, although the format has been changed, to
provide additional clarity. As written, both originally and as amended, the
30-day limit can not reasonably be understood as applying to any other
exemption.
199. Ammunition vendors are not listed as exempt in section 4306; The Department has amended the proposed regulations in response to this
however, they are listed as an exempt party in Penal Code. comment. Section 4306 has been amended to include licensed Ammunition
Vendors. Further explanation of this change is provided in the Final
Statement of Reasons.

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# Summarized Comment DOJ Response

200. Why should someone have to wait 30 days for the background No change has been made in response to this comment because the
check? Department determines that this comment objects to the underlying statute
and is neither specifically directed at the Department’s proposed action nor
to the procedures followed by the Department in proposing or adopting the
action. As stated in the Initial Statement of Reasons (inclusive of the
addendum), the Department estimates that 98 percent of eligibility checks
will take approximately two minutes to process. The Basic Ammunition
Eligibility Check will take longer to complete, because that process requires
a manual review of Department records by an analyst to determine
eligibility. As stated in the Initial Statement of Reasons, no other reasonable
alternative was considered by the Department that would have been more
effective, or as effective and less burdensome to affected private persons
than the proposed regulations.
201. Those who don’t possess firearms are of no danger to the public if No change has been made in response to this comment because the
they choose to simply buy ammunition. Maybe it’s a family Department determines that this comment objects to the underlying statute
member buying a gift. Maybe it’s a spouse making a purchase and is neither specifically directed at the Department’s proposed action nor
before their partner goes to a big shooting competition. Maybe it’s to the procedures followed by the Department in proposing or adopting the
simply someone going on a last minute shooting trip with friends action. The Department is adopting the regulation for the reasons stated in
for the first time. Only the firearm is dangerous, and there is the Initial Statement of Reasons (inclusive of the addendum).
already a background check process for each firearms purchase.
The ammunition by itself is not dangerous, and thus there should
be no background check for ammunition purchases and transfers.
202. Concerns regarding the distinction between California residents No change has been made in response to this comment. Specifically:
and non-residents:
a. The Department determines that this comment objects to the underlying
a. This law is biased against residents of California. As I statute and is neither an objection nor a recommendation regarding the
understand it, anyone from another state can bring unlimited Department’s proposed action nor to the procedures followed by the
ammunition into California, but a California resident cannot bring Department in proposing or adopting the action.
any amount of ammunition back into the state, despite legally
owning it. b. The Department determines that this comment is neither an objection nor a
recommendation regarding the Department’s proposed action nor to the
b. Can non-residents of California bring in ammunition from out of procedures followed by the Department in proposing or adopting the action.
state? See the Department’s response to comments #43 and 67.

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# Summarized Comment DOJ Response

203. Can ammunition be “lent” to non-residents of California (since No change has been made in response to this comment because the
they might not be allowed to purchase it in California)? Department determines that this comment is neither an objection nor a
recommendation regarding the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.

This comment is outside the scope of the proposed regulations. The purpose
of Penal Code sections 30352 and 30370 is to limit the availability of
ammunition to prohibited persons by preventing them from purchasing
ammunition from licensed ammunition vendors subsequent to an eligibility
check. Lending ammunition to another individual may violate other laws
that are not the subject of these regulations.
204. During the sale and background check, is the secondary No change has been made in response to this comment because the
information supposed to be kept in a hardbound book for the Department determines that this comment is neither an objection nor a
vendor to maintain? recommendation regarding the Department’s proposed action nor to the
procedures followed by the Department in proposing or adopting the action.

Pursuant to Penal Code section 30355, all records required by Article 3,

relating to Ammunition Vendors, shall be maintained on the premises of the
vendor for a period of not less than five years from the date of the recorded
transfer.

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# Summarized Comment DOJ Response

205. I only do my sales on weekends, and I personally don’t have a No change has been made in response to this comment. Penal Code section
computer or smartphone. I need to know how to do 30370 stipulates the department shall electronically approve the purchase or
communications with the California DOJ and do the background transfer of ammunition through a vendor. As such, an ammunition vendor
check. must acquire the electronic devices necessary (computer, iPad, etc.) to meet
the requirement.

If a vendor cannot electronically verify a person’s eligibility via an internet

connection, the department may provide a phone line to verify eligibility.
However, pursuant to Penal Code section 30370, subdivision (d), this option
is only available to an ammunition vendor who can demonstrate legitimate
geographical and telecommunication limitations and who is approved by the
Department to use the telephone line verification. Requirements for this
authorization are outlined in section 4307 of the proposed regulations.

The Dealer Record of Sale Entry System and the Customer Support Center
are available 7 days a week.
206. Is there a minimum number of rounds before a background check No change has been made in response to this comment because the
is necessary? E.g., are the cartridge collectors, who would only be Department determines that this comment is neither an objection nor a
purchasing one round of peculiar or antique rounds of ammunition, recommendation regarding the Department’s proposed action nor to the
also have to undergo the background check? procedures followed by the Department in proposing or adopting the action.

Neither Penal Code section 30352 nor 30370 provide a minimum number of
rounds before an eligibility check is necessary.
207. What is the method to verify the Certificate of Eligibility or The Department has amended the proposed regulations in response to this
vendor’s license or any exemption? comment. Section 4305 has been amended to provide additional clarity as to
how the Certificate of Eligibility verification may be requested.

Section 4306 has been amended to provide additional clarity as to how to

verify whether a person is exempt per Penal Code section 30352, subdivision
(e).

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# Summarized Comment DOJ Response

208. Will everyone have to undergo the Basic Ammunition Eligibility No change has been made in response to this comment because the
Check the first time they purchase ammunition after July 1, 2019? Department determines that this comment is neither an objection nor a
Or, if they are already in the system, will they be able to undergo recommendation regarding the Department’s proposed action nor to the
the Standard Ammunition Background Check? procedures followed by the Department in proposing or adopting the action.
Sections 4301, 4302, 4303, and 4305 have been amended to provide
additional clarity as to how an eligibility check may be requested, as well as
the statutory criteria which a purchaser or transferee may use to decide
which eligibility check to request.

Authorization is granted pursuant to the requirements of Penal Code sections

30352 and 30370, as implemented by these regulations. If an individual’s
personal information matches an entry in the AFS, the individual is eligible
for both a Basic Ammunition Eligibility Check and a Standard Ammunition
Eligibility Check. If an individual’s information does not match an entry in
the AFS system, and the individual does not hold a current Certificate of
Eligibility, the individual may only be eligible for a Basic Ammunition
Eligibility Check.
209. If the ammunition vendor does not have a computer, how will the No change has been made in response to this comment. Penal Code section
vendor be billed at the end of each month for the collection of the 30370 stipulates the department shall electronically approve the purchase or
fees for sales transactions? transfer of ammunition through a vendor. As such, an ammunition vendor
must acquire the electronic devices necessary (computer, iPad, etc.) to meet
the requirement.

If a vendor cannot electronically verify a person’s eligibility via an internet

connection, the department may provide a phone line to verify eligibility.
However, pursuant to Penal Code section 30370, subdivision (d), this option
is only available to an ammunition vendor who can demonstrate legitimate
geographical and telecommunication limitations and who is approved by the
Department to use the telephone line verification. Requirements for this
authorization are outlined in section 4307 of the proposed regulations. If a
vendor is approved to utilize the telephone line verification process, an
invoice will be generated to collect the fees for sales transactions and mailed
to their place of business.

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# Summarized Comment DOJ Response

210. Will someone provide computers to ammunition vendors who do No change has been made in response to this comment. Penal Code section
not have one? 30370 stipulates the department shall electronically approve the purchase or
transfer of ammunition through a vendor. As such, an ammunition vendor
must acquire the electronic devices necessary (computer, iPad, etc.) to meet
the requirement.

If a vendor cannot electronically verify a person’s eligibility via an internet

connection, the department may provide a phone line to verify eligibility.
However, pursuant to Penal Code section 30370, subdivision (d), this option
is only available to an ammunition vendor who can demonstrate legitimate
geographical and telecommunication limitations and who is approved by the
Department to use the telephone line verification. Requirements for this
authorization are outlined in section 4307 of the proposed regulations.
211. How will ammunition sales be processed during weekends? We No change has been made in response to this comment. The Dealer Record
have heard that the DOJ does not work on weekends. of Sale Entry System and the Customer Support Center are available 7 days a
week.
212. If I purchase ammunition in another state, but do not use it all No change has been made in response to this comment because the
while I am out of state, can I bring the remainder back into Department determines that this comment is neither specifically directed at
California? the Department’s proposed action nor to the procedures followed by the
Department in proposing or adopting the action.

Penal Code section 30314 stipulates California Residents may not transport
ammunition into California without first having the ammunition delivered to
an ammunition vendor for delivery pursuant to the procedures set forth in
section 30312.
213. How is “ammunition” defined? Does it include all possible types No change has been made in response to this comment because the
of ammunition (centerfire, rimfire, curios & relics, etc)? Department determines that this comment is neither an objection nor a
recommendation regarding the specific proposed rulemaking.

“Ammunition” is defined in Penal Code section 16150. The term

“ammunition” is a commonly-understood term in the industry, and the
Department determined that there was no need to define it further.

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# Summarized Comment DOJ Response

214. The Department has a history of releasing regulations in a manner No change has been made in response to this comment because this is a
that subverts the ability of the public to participate in the generalized comment in opposition to the proposed regulation, and is neither
regulatory process, and/or to implement the regulations specifically directed at the Department’s proposed action nor to the
adequately. procedures followed by the Department in proposing or adopting the action.
The Department is adopting the regulation for the reasons stated in the Initial
Statement of Reasons (inclusive of the addendum). This regulation is being
promulgated in full compliance with the requirements of the Administrative
Procedure Act.
215. The Department should suspend implementation of these No change has been made in response to this comment. These regulations
regulations until the entire process for conducting an ammunition implement Penal Code sections 30352 and 30370 which, by their own
background check is finalized. provisions, become effective July 1, 2019. The process for conducting
ammunition eligibility checks will be finalized before that date.
216. If the Department is unable to implement the statutory mandate of No change has been made in response to this comment because this is a
a background check for ammunition purchases or transfers, or if it generalized comment in opposition to the proposed regulation and to the
concludes that it lacks the authority to implement the statute, it underlying statute, and is neither specifically directed at the Department’s
should communicate that to the legislature, instead of proposed action nor to the procedures followed by the Department in
promulgating bad regulations. proposing or adopting the action. The Department is adopting the regulation
for the reasons stated in the Initial Statement of Reasons (inclusive of the
addendum).

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# Summarized Comment DOJ Response

217. Objections related to peace officer exemptions: No change has been made in response to this comment. Specifically:

a. Since there are already mechanisms in place to validate a peace a. The Department disagrees that there are already mechanisms in place to
officer’s exemption status, the requirements of proposed section validate a peace officer’s exemption status per Penal Code section 30352,
4306 are unnecessary. subdivision (e). The Department is adopting the regulation for the reasons
stated in the Initial Statement of Reasons (inclusive of the addendum). As
b. So we ask that you take a look and give clarification on section stated in the Initial Statement of Reasons, no other reasonable alternative
4306(a)(1) and (3). was considered by the Department that would have been more effective, or
as effective and less burdensome to affected private persons than the
proposed regulations.

b. Since the rest of the comment is entirely directed toward law enforcement
exemptions, the Department interprets the provided references as inadvertent
errors. The relevant subdivisions dealing with peace officer exemptions are
sections 4306, subdivision (a)(2) and (4). The Department has amended the
proposed regulations to provide greater clarity regarding the identification
required to qualify for the exemptions provided by Penal Code section
30352, subdivision (e). Further explanation of the changes are provided in
the Final Statement of Reasons.
218. The procedure for law enforcement to interact with ammunition No change has been made in response to this comment because this is a
vendors is unnecessarily complicated. Ultimately, this is a burden generalized comment in opposition to the proposed regulation and to the
on taxpayers, since public law enforcement is funded through underlying statute, and is neither specifically directed at the Department’s
taxes. proposed action nor to the procedures followed by the Department in
proposing or adopting the action. The Department is adopting the regulation
for the reasons stated in the Initial Statement of Reasons (inclusive of the
addendum).

Penal Code section 30352, subdivision (e)(7) and (8) provide that a law
enforcement representative or sworn peace officer, respectively, must
provide verifiable written certification from the head of agency, along with
bona fide evidence of identity. The Department has determined that the
proposed regulations represent the most effective manner in carrying out the
purpose for which the regulation is proposed.

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# Summarized Comment DOJ Response

219. A lot of state agencies will be impacted by the extra record No change has been made in response to this comment because this is a
keeping and extra staff and accommodation of hours of delivery generalized comment in opposition to the proposed regulation and to the
and access to the ammunition. underlying statute, and is neither specifically directed at the Department’s
proposed action nor to the procedures followed by the Department in
proposing or adopting the action. The Department is adopting the regulation
for the reasons stated in the Initial Statement of Reasons (inclusive of the
addendum).

Penal Code section 30352, subdivision (e)(7) and (8) provide that a law
enforcement representative or sworn peace officer, respectively, must
provide verifiable written certification from the head of agency, along with
bona fide evidence of identity. The Department has determined that the
proposed regulations represent the most effective manner in carrying out the
purpose for which the regulation is proposed.

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ALPHABETICAL LIST OF COMMENTERS

(Attachment B)
Delivery
Last Name First Name Comments Contact (email or address)
Method
Abrams Cheryl 3 [email protected] Email
Achard Steve 1,45,91,92 [email protected] Email
Adams Jim and Yvette 1 [email protected] Email
Airola Dave 1,4,13,18,46 [email protected] Email
Allen Ken 1,25 [email protected] Email
Allie Don 5,8,15,86 [email protected] Email
Allum Rich 1,3,4,5,8,9,10 [email protected] Email
Amiot Dennis 3,4 [email protected] Email
Anderson Doris 1,5,8,45 [email protected] Email
Anderson Frank 5,45 [email protected] Email
Andrews Wade 1,3,4,18 [email protected] Email
Antonetti Jerry 21 [email protected] Email
Arentz Scott 1,2,3 [email protected] Email
Arjil Anthony 21 [email protected] Email
Armstrong Michael 1,2,35 [email protected] Email
Arnold Ed 1 earnold#socal.rr.com Email
Avanessian Allen 1,2,4,5,14,18 [email protected] Email
Ayala Jose 1,4,61,62 [email protected] Email
Azevedo Brenden 1,2,20,37 [email protected] Email
Bailey Derrick 2,3,13,15 [email protected] Email
Baker Willis 13,25,26,30,45,52 [email protected] Email
Balik Tim 1,17,46,57 [email protected] Email
Banister Gary 1,2,4 [email protected] Email
Banister Richard 1,5,35 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Banker Bret 2,3,4,5 [email protected] Email
Barajas David 1,3,4,5,8 [email protected] Email
Barber Edward M. (x 3) 1,5, 90 [email protected] Email
Barnhill Patricia 1,4,56 [email protected] Email
Barr Richard 3,4,5,13,45 [email protected] Email
Barraclough John 1,2,4,20,52,89 [email protected] Email
Belleci Sal 1,2,4,10,18 [email protected] Email
Beltran Abner 1,5 [email protected] Email
Beltran Justin 1,15,45,46 [email protected] Email
Benbrook Lynn 2,5 [email protected] Email
Bench Gary 1 [email protected] Email
Benegar Al 1,2,4 [email protected] Email
Berger Brian 1,39 [email protected] Email
Berry John 1,2,3,4 [email protected], Email
Bishop Robbie 1,2,3,4,5,8,10,13,21,130, 131, 137 [email protected] Email
Blacksten Raul 4,9 [email protected] Email
Blades Ron 1,2,3,4,5,8,10,13,21,130, 131, 137 [email protected] Email
Bohn Jed 2,4,18 [email protected] Email
Bolton Tom 1,2,3,4,5,25 [email protected] Email
Bonesio Larry 5,45 [email protected] Email
Borden Lisa 4,8,10,14 [email protected] Email
Boricchio Frances 1,2,4,45 [email protected] Email
Borlish Myrna 4 [email protected] Email
Bosson Paul 1,2,7 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Bouck Guy 4,5,14 [email protected] Email
Boukidis Jim 21 [email protected] Email
Boyle Frank 1 [email protected] Email
Braemer Fred 2,4,5,8,10,11,13,45,46,56 [email protected] Email
Brandis BD 8,12,14 [email protected] Email
Brennan Robert 1,4,5,13,18,45,105 [email protected] Email
Brown Carl 1,8 [email protected] Email
Brown Michael 203, 204, 205, 206, 207, 207, 209 Public Hearing
brucencyndi 3,4 [email protected] Email
Brunone Dave 1,2,4,10,24 [email protected] Email
Bryan Harold 4, 5, 14, 18, 26 [email protected] Email
Brzozowski Frank 49,50,161 [email protected] Email
Buckingham Justin 2,4,5,8,9,10 [email protected] Email
Bushree Jerry 1,5 [email protected] Email
Bussey Michael 1,5,8 Public Hearing

Cada Cliff 4,10,14,18,20,35 [email protected] Email

Cadence 1 [email protected] Email
Caloss Dario 1,2,3,4,10,18,20 [email protected] Email
Cameron Daniel 2,3,4,13,27,35 [email protected] Email
Cantor Michael 2,3,4,15,40 [email protected] Email
Caple Frederick 1,2,3,4,5,17,45 [email protected] Email
Carlson Jeff 1,2,3,5,8,9,11,14,45,46,168,200,201 Public Hearing
Carlucci Gary 13,86 [email protected] Email
Cash Bill 1,4,58 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Castro David 3,4,10,14,17 [email protected] Email
Caudell Tom 1,41 [email protected] Email
Cavanaugh Brian 1,2,5,6,8 [email protected] Email
Cdarr98 5,8,15,56 [email protected] Email
Chabraya Kenneth 1,2,5,11,13,25,45,86 [email protected] Email
Chan Jeff 5 [email protected] Email
Che Edward 69 [email protected] Email
Chin Myron 3,4,60 [email protected] Email
Christian Diane 1,2,3,4,5,8,10,13,21,130, 131, 137 [email protected] Email
Church Carl 3,4,5,8 [email protected] Email
CJ 1,2,4,5,41 [email protected] Email
Clagg Mike 1,2,3,4,5,8,10,13,21,130, 131, 137 [email protected] Email
Clark Steve 2,5,90 [email protected] Email
Coelho Randy 3,5,8 [email protected] Email
Coffin Richard 9,11,52 [email protected] Email
Cole Frank 2,4,12 [email protected] Email
Cole John 1,9,10 [email protected] Email
Cole Monte 1,5,15 [email protected] Email
Collins Ted 2,21 [email protected] Email
Conrad Tom 1 [email protected] Email
Conser Ken 1,2,4,5,13,15 [email protected] Email
Cook Keith 1,5,6,12 [email protected] Email
Copeland Don 1,2,4 [email protected] Email
Cordeiro Mark 3,4,9,10 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Correll William 1,2,4,5,24,39,48,49,51 [email protected] Email
Covert Gerard 2,4 [email protected] Email
Cowan Mike 1,5,8,9 [email protected] Email
Coy Bob 1,8 Phone
craigandsue 5,6,8,9,45 [email protected] Email
Creel Brandon 13,15,64,132,133,134,135, 178 [email protected] Email
Crickett Colin 10 [email protected] Email
Crickett Colin 1,14,17 [email protected] Email
Crosby Michael 1 [email protected] Email
Crouch Darrell 1,2,3,4,5,8,10,13,21,130, 131, 137 [email protected] Email
Crowe John 1,10 [email protected] Email
Crowley Trevor 1,2,4,5,8,12,14,95 [email protected] Email
Cruse Jim (x 2) 6,8 [email protected] Email
Cubeiro Matthew 1, 63-85, 133 Mail
Culkin James 21 Phone
D.C 112 [email protected] Email
Dale 1 [email protected] Email
Daniels Chad 5,11,44 [email protected] Email
Dave & Dessa (x 3) 2,4,8,9,10 [email protected] Email
Davies Scott 2,4 [email protected] Email
Day Alan 5,14 [email protected] Email
DB 1,5 [email protected] Email
Deitz Robert 38,43 [email protected] Email
Derocher Ronald 1,3,4,26 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Devitt Dave 2,3,4 [email protected] Email
DeWitt Don 5 [email protected] Email
Dieter Larry 9 [email protected] Email
Dietze Barbara 10 [email protected] Email
Dinatale Ronald 1,2,18,35 [email protected] Email
Doenges Bruce 2,4,5,13,18,26,46 [email protected] Email
Don 1 [email protected] Email
Dooley Chris 193,194,195,196,197 [email protected] Email
Dorsen Zachary 2,3,5,8,90 [email protected] Email
Draa Jeff 1,2,4,10 [email protected] Email
Duarte Jerry 1 [email protected] Email
Dyet Kathy 5,9,10 [email protected] Email
Eakle Pete 1,5 [email protected] Email
Earle Jeffrey 5 [email protected] Email
Eberhard Mike 4,24,103 [email protected] Email
Ed 21 [email protected] Email
Edgar Sean 1,2,3,4,5,8,13,15,45,52 [email protected] Email
Edlington Carl 1,5 [email protected] Email
Edwards Dennis 1,2,5 [email protected] Email
Edwards Ed 1,45 [email protected] Email
egangcorre 100 [email protected] Email
Eichor Chris 1,4,5 [email protected] Email
Eirich Peter 1,3,4 [email protected] Email
Elam Rich 2,14,18,32,91 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Enriquez David 1,2,5 [email protected] Email
Erickson William 4,5,18,26 [email protected] Email
Espinoza Michael 2,3,4 [email protected] Email
Estopare A 8 [email protected] Email
Facca Mike 4,5,10 [email protected] Email
Farrell David 1,5 [email protected] Email
Feher Mike 1 [email protected] Email
Feinour Robert 1,5 [email protected] Email
Fenton Rich 3,13,21,110 [email protected] Email
Ferguson Les 5 [email protected] Email
Findlay Michael 4,63,66,67,70,122,175 [email protected] Email
Fish Mike 2,3,5,114 [email protected] Email
Flick Scott 5 [email protected] Email
Forester Jim 3,12 [email protected] Email
Foulger David 5,9,10 [email protected] Email
Francis John 5,13 [email protected] Email
Franz Joseph 5 [email protected] Email
Freer Douglas 1,3,5,11,12,14,18,35,45,99 [email protected] Email
Friedman Mark 142 [email protected] Email
Fujii Virginia 1,5,90 [email protected] Email
Fuller Regina Irrelevant [email protected] Email
Fuller Robert 1,5 [email protected] Email
Gagne Ray 2,3,4 [email protected] Email
Galbraith Murray 1,3,4,18,20,45,86 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Gallagher Colin 1,5,136,137,138,139,140,141 [email protected] Email
Garcia Abraham 4,5,9,10,15 [email protected] Email
Garcia Jennifer 1,2,5,8 [email protected] Email
Garcia Luis 1,2,4,5 [email protected] Email
Garfin Matt 3,5,15,40 [email protected] Email
Garrett Glenn 1,2,3,4,9,20,40,46 [email protected] Email
Garwood Tracy 1,2,4 [email protected] Email
Geoghegan Terence 4,21,46 [email protected] Email
Ghamian Omar 1 [email protected] Email
Gillaspy Brian 1,3,4,13,46,56 [email protected] Email
Gilliss Justin 1,2,4,5,8 [email protected] Email
Giotta Vito 5,45 [email protected] Email
Goeglein Patrick 5 [email protected] Email
Goldstein Glenn 3,4,5 [email protected] Email
Golesh Russell 2,4,9 [email protected] Email
Gomez Isai 2,3,4,5,35 [email protected] Email
Gowder Bill 3,4,10 [email protected] Email
Grago Randall 5,8 [email protected] Email
Gralnik Richard 3,5,13,45 [email protected] Email
Grant Alan 2,3,9,14 [email protected] Email
Grant Clayton 1,2,3,4,5,8,10,13,21,130, 131, 137 [email protected] Email
Green Norman 1,3,5,8 [email protected] Email
Griffith Jim 1 [email protected] Email
Grimes Mike 1,4,108 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
gsmilius 1,46 [email protected] Email
Gulkin Jim 21 [email protected] Email
Gurnett Gary 2,5 [email protected] Email
Guy Jess 1,3,4,25 [email protected] Email
gwburdin 1,2,4,5,10,12,14 [email protected] Email
Halcum Mona (x 2) 176, 177, 178, 179, 180 [email protected] Email
Halcum Stephen (x 3) 108, 126, 171-175, 181-183, 191 [email protected] Email
Hall Colleen 5 [email protected] Email
Hall David 2 [email protected] Email
Haller Craig 1,2,3,4,5,8,11,13,45,56,87,99,148 Public Hearing
Haller Stephen 2,5,8,11,87 Public Hearing
Halloran James 3,4 [email protected] Email
Hammer Gary 5 [email protected] Email
Haptonstall Chuck 2,86 [email protected] Email
Hare Chris 3,4,8,10,45 [email protected] Email
Harich Johann 5 [email protected] Email
Harshman Mark 1,4,14,93,99,152,153,162 [email protected] Email
Hart Steve 1 [email protected] Email
Hartland Tony 1,5 [email protected] Email
Hartley Ken 13,91 [email protected] Email
Hatman Pamela Irrelevant [email protected] Email
Hay Wesley 2,4,5,9,41 [email protected] Email
Hellsunf Jan 14,114,115 [email protected] Email
Henley Charles 1,2,13,15,18,41,95 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Hennessey Matthew 1,4,13 [email protected] Email
Hernandez George 2,4,5,14,17,25,103,107,126,127 [email protected] Email
Herweg Scott 2,5,10 [email protected] Email
Higgins Ernie 1,4,5 [email protected] Email
Higgs Tom 2,4,9 [email protected] Email
Hightower Charles 2,3,5,13,91,99 [email protected] Email
Hilderbrand Ryan 1,3,4,5,8,10 [email protected] Email
Hinton Terri 4,5,41,91,92 [email protected] Email
Hocking Bryan 1,2,3,4,5,1418,23,26,42,93,99,128, [email protected] Email
Holcombe Tim 2,10,4,35,112 [email protected] Email
Holt David 1,5,9,41,49,60 [email protected] Email
Honerkamp Larry 5,9,104 [email protected] Email
Honsinger Jeffrey 1,3,4,5,20,45 [email protected] Email
Hood Charles 2,3,35 [email protected] Email
Hoover Tab 1,2,3,8 [email protected] Email
Horacek Pete 1,2,4,5,8,45,56 [email protected] Email
Hougsen William 10,34 [email protected] Email
Hudgens John 1,2,3,4,5,1418,23,26,42,93,99,128, [email protected] Email
Huizenga Paul 1,4 [email protected] Email
Hull James 4 [email protected] Email
Humphries Randy 1,66 [email protected] Email
Hunt William 2,9,14,45,110 [email protected] Email
Huntsman Jaimie 4,9 [email protected] Email
Hurdle Alisha 1,4 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
ideamachineim 1 [email protected] Email
Indart Ryan 1,2,3,4,5,8,10,13,21,130, 131, 137 [email protected] Email
Ingram James 1,5 [email protected] Email
Isaacson Alan 4,20 [email protected] Email
Ivers Mike 1,5 [email protected] Email
Jacobs Edward 2,4,10,12 [email protected] Email
Jacquot David 5 [email protected] Email
Jarrell William Irrelevant [email protected] Email
Jdman 9,12 [email protected] Email
Jensen Ernie 1,3,9,11,13,25 [email protected] Email
Jeremy 5 [email protected] Email
Johns Paul 3,12 [email protected] Email
Johnson Annie 1,2,5,8 [email protected] Email
Johnson Dennis 1 [email protected] Email
Johnson John 148 [email protected] Email
Johnson Steve 1,2,4 [email protected] Email
Jones Larry 3,4,5 [email protected] Email
Jones Patrick 1,2,4,5,8,45,50 [email protected] Email
Jones Rick 1 [email protected] Email
Kalin Al 1 [email protected] Email
Kallas Debi 1,2,3,4,5,8,10,13,21,130, 131, 137 [email protected] Email
Karl Karl 1,4,8,10,20,25,46,110,112,125 [email protected] Email
Karlovich John 43, 202-209 Public Hearing
Karner-Lewis Nancy 1,5,6 93555 Mail

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Kasparoff James 1,2,3,4,5,8,9,13,45 [email protected] Email
Keller Eric 1,2,3,5,8,13,35,87,99 [email protected] Email
Kershaw Jeff 2,3,5,15,18,90,110 [email protected] Email
Khalil Fred 1,3,4,5,10,13,58 [email protected] Email
Kim David 1,4,5,10,12 [email protected] Email
Kimbrough Stephen 11,25,26 [email protected] Email
Kingsley Garnett 1,18 [email protected] Email
Kirkland Gary 5 [email protected] Email
Kirsh Steven (x 2) 1,2,3,4,5,8,35 [email protected] Email
Kline Steve 1,2,3,4,5,8,9,10,60,90 [email protected] Email
Knight Robert 2,7,41,91 [email protected] Email
Kobashigawa Devon 1,46 [email protected] Email
Komenkul Justin 1,2,3,9,10,14 [email protected] Email
Kondrath Chris 5 [email protected] Email
Kondrath Tristen 5,41 [email protected] Email
Kong Fred 1,13,20,27 [email protected] Email
Kopp John 4,41,43,100 [email protected] Email
Kuintzle Gaylene 8,9,45 [email protected] Email
Lafferty Steve 4,10,12,13,15 [email protected] Email
Laher Maclovia 2,4,5 [email protected] Email
LaPointe Michael 1,2,3,4,5,20 [email protected] Email (x2)
Larson Matt 2,4,8,39,87 [email protected] Email
LaSalle Brian 2,3,4,11,26,30,31,33 [email protected] Email
Laue Dale 3,4,5,13 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Layfield Joe 4,9,10 [email protected] Email
Leavitt Eric 1,2,3,4,5,9,21,24,36,86,87,110,116 [email protected] Email
Lee Christina 4,12 [email protected] Email
Leuschen Donald 2,3,4 [email protected] Email
Lewis John 1,2,3,4,5,8,10,13,21,130, [email protected] Email
Lewis Lawrence 2,4,10,47 [email protected] Email
Linenbach William 1,2,4,5,8,14,99,109 [email protected] Email
Lishman Robert 2,3,15 [email protected] Email
List 1,2 [email protected] Email
Liu James 2,4,8 [email protected] Email
Lofquist Verne 1,3,5,10 [email protected] Email
Long James 1 [email protected] Email
Longobardi rl 5,90 [email protected] Email
Lowder Myra 1,9,18 [email protected] Email
Lucas Dave 4 [email protected] Email
Lucas Jon 2,3,52,96 [email protected] Email
Lucey Daniel 1,5 [email protected] Email
Luke Dave 1,4 [email protected] Email
Luna Oscar 1 [email protected] Email
Lund Casey 1 [email protected] Email
Lynch Dave 113 [email protected] Email
Lynch Kathy 23,80,194,217,218,219 Public Hearing
Lyvere Alan 1,2,3,4,10,14,20,35 [email protected] Email
M Jim 4,5,45 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Magistrale Dean 1,4 [email protected] Email
Mahoney Fred 4,10,14 [email protected] Email
Maier Edward 5 [email protected] Email
Malcolm Claude 10 [email protected] Email
Manalo Raymond 1,2,4,5,8,10,11,46 [email protected] Email
Manny 1,5 [email protected] Email
Margulies Gordon 2,3,4,89 [email protected] Email
Mark 2,5 [email protected] Email
Markovitch Michael 1,2,4,35 [email protected] Email
Marr Abe 8,10 [email protected] Email
Marsh Kenneth 59 [email protected] Email
Marshall Christopher 4,5 [email protected] Email
Marshall Michael 1,4,13,45,46,103 [email protected] Email
Marshall Wayne 1,4,5,10,90 1450 Greenbriar Ave, Corona, CA 92880 Mail
Martin Steve 1,5,97 [email protected] Email
May J 2,14 [email protected] Email
Mayeda Willis (x 2) 1, 2, 3, 4, 5, 10, 11, 15, 26 [email protected] Email
mbluis63 1,2,4,8,111 [email protected] Email
McConville David 18,44 [email protected] Email
McFate Chuck 2,3,9,10,11,25 [email protected] Email
McIntyre Joe 1,5 [email protected] Email
Mckearn Chaunchy 1,2,4,5,9,18 [email protected] Email
Mendoza Eduardo 1,2,5 [email protected] Email
Mendoza Luis 5 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Mercado Reggie 1 [email protected] Email
Mercola Jerry 1,113 [email protected] Email
Merritt John 4,5,10,12 [email protected] Email
Miles Paul 4,13,15,56,106,107 [email protected] Email
Miller Maurice 2 [email protected] Email
Mitchell Doug 5 [email protected] Email
Mitchell Jim 5,43 [email protected] Email
Mitchell Steve 2,4,5,14 [email protected] Email
Mitchell Tina 1,2,3,4,5,8,10,13,21,130, 131, 137 [email protected] Email
Mizar Steve 1,4,20 [email protected] Email
Moffitt Vern 1,4,39 [email protected] Email
Monti Pete 25,43,54 [email protected] Email
Moore David 22,23,24 [email protected] Email
Moore Larry 156,157,158,159 [email protected] Email
Moroney Timothy 5,93,94 [email protected] Email
Munoz Ivan 2,4,5,8 [email protected] Email
Musolino Frank 3,5 [email protected] Email
Myers Pat 1,2,4,9,25,46 [email protected] Email
Nagata Philip 2,4,10 [email protected] Email
Nance Darryl 1,2,4,5,8,10,35,41 [email protected] Email
Nelson Dorothy 1 [email protected] Email
Nelson Terry (x 2) 1,2,3,5,8,11,25,26,35,45,90 [email protected] Email
Newby Garry 3,8,14 [email protected] Email
Newton David 2,4,5,8 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Nguyen Tien 2,4,5,10,18 [email protected] Email
Nichols Mark 4,5,14 [email protected] Email
Noke Scott 1,5,10 [email protected] Email
Noren Marvin 2,4,14,18,10,111 [email protected] Email
Northcroft Bill 1,5 [email protected] Email
Norton Jack 1,2,4,9 [email protected] Email
nsrobfam 2,3,4,10 [email protected] Email
Ober Robert 5,145 [email protected] Email
Olea Jimmy 1 [email protected] Email
Oliveras Steve 1 [email protected] Email
O'Neil Bee 1,2,4,5,56 [email protected] Email
Ortega Whally 1,98 [email protected] Email
Ostini Bonnie 1,2,4,5,8,14 [email protected] Email
Overmyer Carl 149,150,151 [email protected] Email
Owen Ronald 4,9 [email protected] Email
Palma Michael 43,66,123,131,132,133,146,155,162 [email protected] Email
Panasewicz Marcus 1,5,13,20 [email protected] Email
Paredes Sam 1,63,214,215,216 Public Hearing
Parsons Larry 1,3,18 [email protected] Email
Payne Michael 1,2,5,8 [email protected] Email
Peggy 2,4 [email protected] Email
Peralta Darryl 1,4,5 [email protected] Email
Perez Erika 1,4,22,46 [email protected] Email
Perrelli Joseph 1,2,5,8 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Perry Daniel 1,2,3,4,5,6,8,10,12 [email protected] Email
Peterson John 1,2,4 [email protected] Email
Petrach Charles 1 [email protected] Email
Pierce Chuck 5,6,46 [email protected] Email
Pipitone Nicholas 6,99 [email protected] Email
Pitblado Jim 5 [email protected] Email
Pittman Wes 1,5 [email protected] Email
Powell John 2,3,11 [email protected] Email
Power Larry 1,2,3,4,5,8,41 [email protected] Email
Primgaard Nils 2,3,4,8,10,12,13,57 [email protected] Email
Prosser Beverly 5,32,40,43 [email protected] Email
Pugmire Daniel 4,8,13,15,59 [email protected] Email
qwkrick.e 5,8 [email protected] Email
ra7545 5,8 [email protected] Email
Rambaud Tom (x 2) 10,15 [email protected] Email
Rangel Matthew 1,3,8 [email protected] Email
Rattigan Austin 3,4 [email protected] Email
Ravera Joel 1,2,4 [email protected] Email
Rawling Fred 2,3,4 [email protected] Email
Ray Stan 1,15 Public Hearing
Read Scott 3,4,117 [email protected] Email
Rehmus Mike 5,35 [email protected] Email
Reid Dan 1,64,65,66,67,70,71,73,74,123,162 Public Hearing
Reynolds John 2,4,45 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Rice George 2,4,12,14 [email protected] Email
Rice Michael 2,4,45,50 [email protected] Email
Richard 8,10,12 [email protected] Email
Richards Don 1,4,8,10,14,45 [email protected] Email
Richardson Steven 2,3,4,8,18 [email protected] Email
Rivera Joseph 2,3,4,25,56 [email protected] Email
Roach Robert 2,4,38 [email protected] Email
Robbins William 1,45,99 [email protected] Email
Robinson Eric 1,5,13,15,41 [email protected] Email
Romanyuk Vladislav 1,4,46,112 [email protected] Email
Ronald 1,2 [email protected] Email
Roof Patrick 1,3,4,9 [email protected] Email
Rooney Peter 1 Phone
Roppa Rich 1,4,6,10 [email protected] Email
Rossetto Richard 1,2,3,13,35,101 [email protected] Email
Roy 1 [email protected] Email
Rtchbuilder 10,11,41,55,56 [email protected] Email
Rudd Steven 3,4,56 [email protected] Email
Rudy Peter 1,4,10,12 Phone
Ruedas Ralph 1,2,4,7,10,52 [email protected] Email
Runyan Branden 1,3,4,14,41 [email protected] Email
Sage Dan 1 [email protected] Email
Sager Steve 1,2,3,4,5,10,24,87 [email protected] Email
Salaman Robert 2, 4, 206, 210, 211, 212, 213 Public Hearing

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Salazar Richard 2,3 [email protected] Email
Salazar Richard 5,45 [email protected] Email
Sanchez Paul 3,5,25,46 [email protected] Email
Sanchez Richard 2,4,5,8,9,10,11,12,25 [email protected] Email
Sanders Brad 3,9,18,26,96 [email protected] Email
Sanui Gary 2,4,9,13 [email protected] Email
Sarra Paul 2,3,4,6,10 [email protected] Email
Schemel Jon 1,2,3,4,5,104,120,121 [email protected] Email
Schieck Brian 2,3,4,5,6,15,45 [email protected] Email
Schirmer Rick 1,2,4,45 [email protected] Email
Schneider Ramon 9 [email protected] Email
Schnell J 2,4,5,8,10,14 [email protected] Email
Scholtz Gilbert 5,9 [email protected] Email
Schrimpf Don 1,5,13 [email protected] Email
Schumacher Mark 1,2,3,4,5,25,41 [email protected] Email
Schweizer Gregg 4 [email protected] Email
Semple Dave 1,2,5,6,8,11,39,45,86,87 [email protected] Email
Semple Linda 1,3,4 [email protected] Email
Serna Tino 1,3,4,5 [email protected] Email
Sevey Jim 4,11,14 [email protected] Email
Shafit Paul 5 [email protected] Email
Shatz Jon 1,24 [email protected] Email
Shier Rod 1 [email protected] Email
Shookandre 1 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Simpson Stuart 1,2,3,4,8,13 [email protected] Email
Sims Aaron 1,4,5,35 [email protected] Email
Sims Boron 1,3,5,25,35 [email protected] Email
Simunovich Dennis 1,5 dennisspeedshop@sbcglobal,net Email
Smith Joseph 28,29,147 [email protected] Email
Smith Brian 3,4,7 [email protected] Email
Smith Donald 47 [email protected] Email
Smith Elmer 10 [email protected] Email
Smith Glenn 1,15,18 [email protected] Email
Smith Kent 3,4,5,10,11,14 [email protected] Email
Smith Mark 1 [email protected] Email
Sorensen Paul (x 2) 1 [email protected] Email
Spradling Robert Irrelevant [email protected] Email
Spraker Robert 1,20 [email protected] Email
Starr F.P 2,3,4,46 [email protected] Email
Stealey Dave 1 [email protected] Email
Steinke Richard 1,15,26,41,42 [email protected] Email
Stephen Terry 5 [email protected] Email
Stimmell Gerald 21, 49, 135, 143, 144 [email protected] Email
Stone Ken 1,3,4,5 [email protected] Email
Stonecipher Steve 1,2,3,4,5,8,10,13,21,130, [email protected] Email
Story Terry 1,2,3,5,15,41 [email protected] Email
Stracha 1,5 [email protected] Email
Strand Paul 3,5 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Stricklin Jim 1,2,4,46 [email protected] Email
Stroup Mike 1,5 [email protected] Email
Strzemieczny Alan 4,5,13,15,25 [email protected] Email
Sturgill Joel 1,13 [email protected] Email
Sutton Rich 1 [email protected] Email
Taggart Michael 2,3,4,14 [email protected] Email
Tan Calvin 1,10,11 [email protected] Email
tattedandtorn 1,2,5,8 [email protected] Email
Tavares Tom 1 [email protected] Email
Thorne Scott 3,4,5,8,21 [email protected] Email
Tomich Gregory (x 2) 1,2,10,34,47,119 [email protected] Email
Torres Nestor 1,5,9,12,14 [email protected] Email
Toys Stuffed 5 [email protected] Email
Trumpy David 1,3,4,5,8,11,18,26,40,70 [email protected] Email
Tucker Jerry 2,5,8,18 [email protected] Email
Tuitavuki Sharlene 5 [email protected] Email
Turner Jim 112 Public Hearing
Upham Daniel 4,5,10,24 [email protected] Email
Upult Gerald (x 2) 5,6,198,199 Phone
Van der Colff Jaco 4,5,8 [email protected] Email
Van Sant Frank 4,13,15,18,23 [email protected] Email
Van Valkenburg Franklin 1, 2, 5, 6, 8, 13, 25, 45, 114, 124 [email protected] Email
Van Valkenburgh Franklin 1,2,3,5,6,8,13,25,45,114,124 [email protected] Email
VanNorman Brian 1,5,86,87 [email protected] Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Villalpando Gabriel 2,4 [email protected] Email
Virgin Duane 1 [email protected] Email
Visione Dominic 3,10,56,87 [email protected] Email
Wakefield Nora 8 [email protected] Email
Wallace Don 1,3,4 [email protected] Email
Walsh Jon 2,4,24,26 Public Hearing
Walsh Mike 193,194,195,196,197 [email protected] Email
Walsh Mike 122 Public Hearing
Walters Jim 13,26,28,35 [email protected] Email
Wankman Henry 1,4,11 [email protected] Email
Ward Harmon 2,4,10 [email protected] Email
Wark Gene 22,32,52 gene@grwgeinc Email
Wasmann Kurt 5,13 [email protected] Email
Wasr Mark 1,3,4,5,11 [email protected] Email
Weinman Gregory 25 [email protected] Email
Weiss Dennis 1, 24, 38, 122, 145 Public Hearing
Weiss Hal Irrelevant [email protected] Email
Wells Hugh 1,9 [email protected] Email
Westcott David 3,4,8,39,91 [email protected] Email
White Andy 1,3,4,18,23,26 [email protected] Email
Whitmore George 1,2,4,5 [email protected] Email
Whitmore Robert 10 [email protected] Email
Wiener Robert 1 [email protected] Email
Wilkinson Richard 2,45 richbwilkinson@gmailcom Email

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Willson David 2,4,5,8,13,15,45,91 [email protected] Email
Wilson Chris 5,15 [email protected] Email
Wilson Peter 1,5 [email protected] Email
Wilson Peter 1,2,3,4,35 [email protected] Email
Windus Walter 5,8,15,18,20,56,111,112 [email protected] Email
Winestock Ralph 14,58 [email protected] Email
Wiser William 5 [email protected] Email
Wisner David 1,4,5,9,90,102 [email protected] Email
Wojtak Steve 1 [email protected] Email
Wood Blake 5 [email protected] Email
Woods David 3 [email protected] Email
Wooten Don 8,18 [email protected] Email
Workman Scott 1,2,4,5,6,19 [email protected] Email
Wright John 1,3,4,5,35 [email protected] Email
Ybanez Joel 4,5,10,45 [email protected] Email
Yemoto Glenn 2,4,8,10,15 [email protected] Email
Yohai Robert 1,5 [email protected] Email
Young Jacqueline (x 2) 1,2,4,5 [email protected] Email
Zatarain Garry 1,4,5,18,46,118 [email protected] Email
Zavala Samuel 3,4,11,44,110 [email protected] Email
Zia Thomas 1 [email protected] Email
Zip Ed 3,5 [email protected] Email
Zygmont Justin 1,15 [email protected] Email
1 Phone

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Delivery
Last Name First Name Comments Contact (email or address)
Method

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 Case 3:18-cv-00802-BEN-JLB Document 33-1 Filed 07/22/19 PageID.873 Page 151 of 358 Attachment C
PUBLIC COMMENTS AND DEPARTMENT OF JUSTICE RESPONSES

# Summarized Comment DOJ Response

1. What technique is being used to identify the specific changes vs No change has been made in response to this comment. The Department
the original issue of the document? Why are they not clearly provided the following statement at the top of the proposed text, as noticed
identified? and made available to the public for 15 days: “The original proposed text is
in single underline and single strikeout. Changes are illustrated by double
underline for proposed additions and double strikeout for proposed
deletions.” Changes to the proposed text were illustrated in that manner.
2. Due to the fact that it does not include all FFL holders and people No change has been made in response to this comment. Penal Code section
with a COE. All FFL and COE holders have gone through 30352, subdivision (e) provides an exhaustive list of categories of
background checks and should still be except from having to individuals who are exempt from the requirement to obtain approval from
continue to go through more background checks to buy ammo. the Department prior to the sale or transfer of ammunition. The Department
lacks the authority to expand upon these statutory exemptions.
I oppose removing a Type 03 FFL from the text [as an exemption
type]. Additionally, the Department notes that a Type 03 FFL was not ever
specified in the proposed regulations. Section 4306(a)(1) of the regulations
as originally noticed provided that “a valid Federal Firearms License” would
identify an individual who is exempt from Department approval to purchase
or transfer ammunition. The Department determined this statement was too
general, and amended the text to specify which types of FFL would apply to
particular classes of persons identified as being exempt by Penal Code
section 30352, subdivision (e).
3. You don’t have any authority to create any gun laws or No change has been made in response to this comment. The Department is
regulations. authorized to promulgate these regulations pursuant to Penal Code sections
30352 subdivision (f), and 30370 subdivision (g).

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# Summarized Comment DOJ Response

4. [P]roposed subdivision (c) of section 4306 is unclear on this point No change has been made in response to this comment. An “associate” is a
as it uses the term “authorized associate” that does not appear in commonly-used term in business to describe someone who works for the
the authorizing statute cited in the proposed regulations (pc 30352) business. Both 4306(c) and 4308(c) refer to “the ammunition vendor COE
or defined in proposed regulatory section 4301. holder, authorized associate, or salesperson”; in context, an “associate” is an
employee. The term “authorized” refers to the ammunition vendor’s
As stated above, though, proposed section 4306(c) lacks clarity on authorization of the associate as an agent to act on its behalf.
this point and clarification is therefore requested.
The Department determined that the provision of Penal Code section 30352,
Also, since the term “authorized associate” as used in proposed subdivision (c), that “an ammunition vendor shall require bona fide evidence
subdivision (c) is not defined, ammunition vendors are provided of identity” does not refer exclusively to the person or entity named on the
with no information relative to who is an authorized associate, or ammunition vendor license. Penal Code section 30347 implicitly provides
who would designate a person as an authorized associate, for that an “agent or employee” may act for the ammunition vendor The
purposes of the proposed regulations. Department’s language in 4306(c) and 4308(c) provide the Department’s
interpretation that the COE holder, authorized associate or salesperson may
b. Furthermore, the lack of clarity in subdivision (c) could complete the transaction, as specified. The Department disagrees that this is
potentially put it in conflict with subdivision (d) which clearly unclear.
applies to an individual purchaser, not to the law enforcement and
the exempt business entities described above to whom ammunition See the Final Statement of Reasons, Update of the Initial Statement of
orders are lawfully shipped. Reasons, section 4306(c), for additional information.

b. Furthermore, the Department disagrees that subdivision (c) is in conflict

with subdivision (d). Proposed section 4301(n) defines “purchaser or
transferee” as “an individual,” as specified. Throughout Penal Code sections
30352 and 30370, and these regulations, the person who receives
ammunition is identified as an individual person (e.g., purchaser, transferee,
gunsmith, an authorized law enforcement representative, a sworn peace
officer, etc). An ammunition vendor license may be granted to an entity
other than a natural person, but the vendor must still identify a “responsible
person,” per Penal Code section 30385, subdivision (c). The Department
disagrees that this is unclear.

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5. Opposition to the perceived inability of people from out of state No change has been made in response to this comment. Specifically:
to buy or transfer ammunition:
a. The Department determined that this comment is neither an objection nor
a. DOJ has stated in its Initial Statement of Reasons (“ISOR”) a recommendation regarding the Department’s proposed action nor to the
Addendum that the information to be collected from a prospective procedures followed by the Department in proposing or adopting the action.
purchaser “must be collected in the manner described in Penal
Code section 28180.” Penal Code section 28180 requires firearm b. The ability of a person from out of state to purchase or transfer
dealers to collect a purchaser’s name, date of birth, and driver’s ammunition depends on the method by which they attempt to do so.
license or identification number “from the magnetic strip on the
purchaser’s driver’s license or identification and shall not be 1. The Department has determined that, pursuant to statute, an individual
supplied by any other means, except as authorized.” But Penal from out of state would not be able to be granted authorization to
Code section 28180 also states that if the magnetic strip reader is purchase ammunition subsequent to a Standard Ammunition Eligibility
unable to obtain the required information, the firearms dealer Check. Penal Code section 30370, subdivision (b) requires the
“shall obtain a photocopy of the identification as proof of Department to cross-reference the purchaser’s or transferee’s current
compliance.” And while it may be true that California’s new address with the information maintained in the AFS. However, pursuant
ammunition sales restrictions require ammunition vendors to to Penal Code section 26815, no firearm shall be delivered unless the
collect a purchaser’s information “as described in Section 28180,” purchaser, transferee, or person being loaned the firearm provides
the law also makes clear that out-of-state identification may be evidence of identity pursuant to Penal Code section 16400. Penal Code
used when purchasing ammunition. See Cal. Penal Code § section 16400 provides that the identification must be a valid California
30370(b) (requiring information to be collected pursuant to Penal driver license or identification card issued by the Department of Motor
Code section 28180); Cal. Penal Code § 30352(a)(2) (requiring the Vehicles, both of which require proof of residency in California. In
purchaser’s driver’s license or other identification number “and the addition, section 922, title 18 of the United States Code also prohibits the
state in which it was issued” to be recorded upon delivery of the sale of any firearm to a person the transferor knows or has reasonable
ammunition). cause to believe does not reside in the state in which the transferor
resides. The Automated Firearms System is a repository of firearm
b. Regardless, denying non-California-residents their right to records maintained by the Department, as established by Penal Code
acquire ammunition would run afoul of multiple constitutional section 11106. The AFS is populated by way of firearm purchases or
guarantees. The Second Amendment “implies a corresponding transfers at a California licensed firearm dealer, registration of assault
right to obtain the bullets necessary to use them” and a “regulation weapons by a California resident, a California resident’s report of firearm
eliminating a person’s ability to obtain or use ammunition could ownership to the Department, California Carry Concealed Weapons
thereby make it impossible to use firearms for their core purpose” Permit records, or records entered by California law enforcement
thus violating that right. Jackson v. City & Cty. of San Francisco, agencies. Entries into the AFS would therefore not “match,” for the
746 F.3d 953, 967-68 (9th Cir. 2014). The right to travel purposes of satisfying the Standard Ammunition Eligibility Check, the
guarantees that “a citizen of one State who travels in other States, “current address” of an out of state purchaser or transferee, since that
intending to return home at the end of his journey, is entitled to current address, by definition, would be an out of state address.
enjoy the ‘Privileges and Immunities of Citizens in the several
States’ that he visits.” Saenez v. Roe, 502 U.S. 489, 501 (1999) 2. The Department has determined that, pursuant to statute, an individual
(quoting U.S. Const. Art. IV, §2, cl. 1). Facially discriminatory from out of state would not be able to be granted authorization to
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regulations violate the Commerce Clause, regardless of whether purchase ammunition subsequent to a Basic Ammunition Eligibility
they have a discriminatory purpose. See United Haulers Ass’n, Inc. Check. Penal Code section 30370, subdivision (c), requires the
v. Oneida-Herkimer Solid Waste Mgmt. Auth., 550 U.S. 330, 338 Department to develop a procedure in which “a person who is not
(2007). And, finally, “where fundamental rights and liberties are prohibited from purchasing or possessing ammunition may be approved
asserted under the Equal Protection Clause, classifications which [...]” to do so. The Department has determined that it would be counter to
invade or restrain them must be closely scrutinized” and be the legislative intent under SB 1235 for the Department to approve
necessary to serve a compelling government interest. City of purchases of ammunition by individuals who may be prohibited from
Cleburne, Tex., v. Cleburne Living Ctr., 473 U.S. 432, 439 (1985). doing so because that person has been convicted of a relevant crime under
For these reasons, DOJ needs to clarify whether out-of-state the laws of the United States, the State of California, or any other state,
identification can be used to purchase ammunition under the government, or country (see, for example, Penal Code section 29800).
proposed regulation. Failure to do so would, at minimum, The Department is not permitted to use the federal National Instant
constitute a lack of the clarity required of a regulation under the Criminal Background Check System (NICS) for the purpose of
APA. ammunition eligibility checks, and there is no reasonable alternative
method to affirm that a person from out of state is not prohibited from
purchasing or possessing ammunition. Therefore, the Department has
determined that it will not affirm that an individual from out of state is
authorized to purchase ammunition subsequent to a Basic Ammunition
Eligibility Check.

3. The Department has determined that an individual from out of state

would be able to be granted authorization to purchase ammunition
subsequent to a COE Verification. The qualifications to be granted a
Certificate of Eligibility are provided in title 11, section 4032 of the
California Code of Regulations, as authorized by Penal Code section
26710. Persons who are not California residents are not prohibited from
qualifying for a COE. Consequently, the Department has determined that
persons from out of state who hold a current COE would be authorized to
purchase ammunition subsequent to a COE Verification. Upon
presentation of an out-of-state ID, the information required by proposed
section 4305(c) could be obtained by an alternative method, should there
be technical limitations, in accordance with Penal Code section 28180.

4. Additionally, a person from out of state may legally purchase

ammunition if they qualify for the exemptions provided in Penal Code
section 30312, subdivision (c), or section 30352, subdivision (e), or by
the provisions of any other relevant statute. For example, the prohibition
on transporting ammunition into the state, per Penal Code section 30314,
only applies to residents of California.
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# Summarized Comment DOJ Response

The qualifications for both the Standard Ammunition Eligibility Check and
the Basic Ammunition Eligibility check are set by Penal Code section 30370.
The Department is adopting the regulation for the reasons stated in the Initial
Statement of Reasons (inclusive of the addendum).
6. DOJ has also failed to provide any clarifying information as to No change has been made in response to this comment. The Department
what constitutes a “match” for purposes of the Standard disagrees with this comment. In the revised text noticed to the public in the
Ammunition Eligibility Check, despite this issue being raised in 15-day comment period, the title of section 4302 has been revised to indicate
our prior comment letter. It is also unclear why DOJ has simply that the Standard Ammunition Eligibility Check involves an “AFS Match.”
stated that is has “exercised no discretion” as to this requirement Subdivision (a) of that section clearly states, “A purchaser or transferee is
when it has shown itself to be more than capable of adopting authorized to purchase ammunition if their information matches an entry in
regulations that help clarify requirements elsewhere. In sum, to the the Automated Firearm System and does not match an entry in the Prohibited
extent DOJ intends to implement the actions described in the Armed Persons File.”
above statements it must at least amend the proposal to include
them as part of the proposed regulations. Furthermore, in the ISOR Addendum, in the section discussing section 4302
subdivision (b), the Department states, “The purchaser or transferee’s name,
date of birth, current address and driver license or other government
identification number is required by Penal Code section 30370, subdivision
(b), and must be collected so that the Department can conduct the procedure
specified by that section. Penal Code section 30370, subdivision (b) requires
the Department to match the purchaser’s or transferee’s “name, date of birth,
current address and driver license or other government information” with
“the information in the Automated Firearms System.” The Department has
exercised no discretion in requiring this information from the purchaser or
transferee.”

As indicated, the Department has determined that no further interpretation is

required regarding the statutory requirement that the purchaser or
transferee’s personal information, as clearly delineated in statute, must match
an entry in the Automated Firearm System.

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# Summarized Comment DOJ Response

7. In the ISOR Addendum, DOJ states that a purchaser’s citizenship No change has been made in response to this comment. Senate Bill 54
status and federal Alien Registration Number or I-94 (if (statutes of 2017), which added Government Code section 7284.6, is clear in
applicable) are required to conduct the Basic Ammunition its focus on state and local participation in federal immigration enforcement
Eligibility Check. DOJ’s basis for this assertion is that Penal Code programs. As stated in the Department’s response to comment #74
section 30370, subdivision (c), requires DOJ to develop a submitted during the 45-day comment period:
procedure in which “a person who is not prohibited from
purchasing or possessing ammunition may be approved.” In The statute referred to, Government Code section 7284.6, subdivision
reaching this conclusion, DOJ states that it “has determined that it (a), prohibits law enforcement agencies from using “moneys or
would be counter to the legislative intent . . . to approve purchases personnel to investigate, interrogate, detain, detect, or arrest persons
of ammunition by individuals who may be prohibited from doing for immigration enforcement purposes...” The clause “for
so under either state or federal law.” DOJ nevertheless recognizes immigration enforcement purposes” provides the condition necessary
it is not permitted to use federal databases to ensure a person is not to trigger the prohibition – law enforcement agencies are otherwise
prohibited (as discussed in our prior comment letter). allowed to use moneys and personnel to investigate, interrogate,
detain, detect, or arrest persons. Subdivision (a)(1)(A) specifically
But DOJ is incorrect in its assumptions for several reasons. First, provides that “[i]nquiring into an individual’s immigration status” is
DOJ makes no mention in the ISOR Addendum regarding the one type of activity, among others, that is prohibited if it is done for
prohibitions under existing state laws adopted pursuant to Senate immigration enforcement purposes. Government Code section
Bill No. 54 (“SB 54”). These provisions, clearly reflect the 7284.4, subdivision (f) defines “immigration enforcement” as efforts
California legislature’s intent, which has also been recognized by to investigate or enforce any federal civil or criminal immigration
Attorney General Becerra himself, prohibit state agencies— law. The collection of information for the purpose of conducting a
including DOJ—from inquiring into an individual’s immigration Basic Ammunition Background Check is not an activity being
status. undertaken to investigate or enforce any federal civil or criminal
immigration law. Rather, as stated in the Initial Statement of Reasons
b. What’s more, the California Legislature’s “intent” is irrelevant (inclusive of the addendum), this information must be collected
as applied to a voter approved initiative, which is what created the because the Department has determined it will not affirm that an
controlling law here. individual is authorized to purchase ammunition if the individual is
prohibited under federal firearms laws.

b. No change has been made in response to this comment. The Department

disagrees with this comment. Penal Code section 30370 was added by
Section 15 of Senate Bill 1235 (Stats. 2016, Ch. 55). Section 16 of that bill
repealed the prior version of Section 30370, which was added November 8,
2016, by Proposition 63.

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# Summarized Comment DOJ Response

8. DOJ also argues that both the Standard Ammunition Eligibility No change has been made in response to this comment. The Department’s
Check and the COE Verification methods involve a check of a invocation of the authorization qualifications provided by Penal Code section
person’s immigration status. But that is irrelevant because neither 30370, subdivisions (a)(1) and (2), was not intended as a claim that those
is specifically required for the purposes of lawfully acquiring qualifications were currently required for the purposes of lawfully acquiring
ammunition in California. Individuals need only to have submitted ammunition.
immigration information in connection with their original COE
application or firearm purchase. And DOJ already administers the Rather, as the Department stated in the ISOR Addendum, section 4303(b),
Armed Prohibited Person System as a means to disarm individuals “The two other methods of obtaining authorization from the Department to
who later become prohibited and revoke any previously issued purchase ammunition pursuant to Penal Code section 30370 [besides the
COE. Basic Ammunition Eligibility Check] both involve a check of federal
prohibitors.” The commenter is correct that the Department administers the
Armed Prohibited Person System, an automated system for tracking firearm
owners who fall into a prohibited status; pursuant to Penal Code section
30370, subdivision (b), inclusion in the Prohibited Armed Persons File
precludes a person from using the Standard Ammunition Eligibility Check to
gain authorization to purchase ammunition. And the commenter is correct
that the Department would revoke the COE of a person who became
prohibited, precluding them from gaining authorization to purchase
ammunition pursuant to Penal Code section 30370, subdivision (a)(2). This
supports the Department’s interpretation of the statutory requirement in
Penal Code section 30370, subdivision (c), that “The department shall
develop a procedure in which a person who is not prohibited from
purchasing or possessing ammunition may be approved...” as meaning
persons not prohibited by state or federal law (e.g. 18 U.S.C. 922(g) and
(h)). As stated in the ISOR Addendum, in this context, “The Department has
determined it will not affirm that an individual is authorized to purchase
ammunition if the individual is prohibited under federal law, and therefore
that the Basic Ammunition Eligibility Check should likewise consider
federal prohibitors on ammunition possession.”

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# Summarized Comment DOJ Response

9. In any event, DOJ prohibited from accessing federal databases for No change has been made in response to this comment. The Department
purposes of conducting ammunition background checks. It cannot will not be checking federal databases for the purpose of authorizing the
simply add a layer to the background check process (i.e. purchase or transfer of ammunition. Proposed section 4303, authorized by
referencing its Prohibited Armed Persons File) and access federal Penal Code sections 30370 and 30352, implements the statutory requirement
databases through other means as a way of circumventing this in Penal Code section 30370, subdivision (c), that “The department shall
restriction. For these reasons, DOJ’s collection and use of a develop a procedure in which a person who is not prohibited from
person’s citizenship information in connection with an ammunition purchasing or possessing ammunition may be approved...” The Department
background check is strictly prohibited by federal and state law is adopting the regulation for the reasons stated in the Initial Statement of
and lacks the necessity, authority, and consistency required by the Reasons (inclusive of the addendum). This regulation is being promulgated
APA. in full compliance with the requirements of the Administrative Procedure
Act.

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# Summarized Comment DOJ Response

10. DOJ’s cost estimate for vendor staff processing time is based on No change has been made in response to this comment. As stated in the
California’s minimum wage ($11/hour). This is an unreasonable Economic Impact Assessment in the Initial Statement of Reasons, the
assessment given that COEs are required for every vendor Department has used the most reasonable estimates derived from extensive
employee and the required training for such employees. Using research into sales of ammunition.
minimum wage also ignores management level positions necessary
to oversee employees and assumes a two-minute processing time The Department followed instructions from the Department of Finance to
for each transaction. Given the oversight necessary to ensure base its calculations on the state minimum wage. This wage is an economic
compliance with California law (which can result in license certainty, which is more reliable in estimating salespersons’ salaries than a
revocation and potential criminal penalties for any violation), it is presumption of a higher wage. No commenter, including the current
wholly unreasonable for DOJ to assume costs based on commenter, has provided anticipated costs for legal counsel in regards to
California’s minimum wage and such a short time estimation for these regulations, above and beyond the normal costs of doing business as an
each transaction, not to mention the cost of legal counsel to guide ammunition vendor.
vendors through compliance.
Salaries for the Department’s staff is set by the California Department of
This gross understatement is further illustrated when compared to Human Resources, and is irrelevant to this rulemaking.
DOJ’s salaries for the “59 new positions” that are responsible for
processing ammunition transactions on DOJ’s end. These salaries
total $5,839,347 in the first year (an average of $98,971 per
employee), and $4,515,371 for every year thereafter (an average of
$76,531 per employee). Even assuming the national standard of
2,087 hours per year, this amounts to approximately $36 per hour
at least per DOJ employee tasked with processing ammunition
transactions—excluding any additional costs such as training. For
DOJ to assume a minimum wage employee will be responsible for
administering a vendor’s program, when DOJ’s own employees
earn more than double that, raises serious questions as to its
projected costs to businesses.

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# Summarized Comment DOJ Response

11. DOJ states that the proposed fees of $1 for Standard Ammunition No change has been made in response to this comment. It is common
Background Checks and COE Verifications are “necessary to practice for state funds to contain a reserve for economic uncertainties. The
recover the reasonable costs of regulatory and enforcement Department of Finance defines the term “reserve” as “An amount of a fund
activities.” Yet, DOJ also states that it intends to “build a reserve balance set aside to provide for expenditures from the unencumbered balance
for economic uncertainties.” Not only is such a reserve contrary to for continuing appropriations, economic uncertainties, future
both the express limitations of the Penal Code and the California apportionments, pending salary or price increase appropriations, and
Constitution, but DOJ provides no information as to how much of appropriations for capital outlay projects.” It is not feasible for the
a reserve it intends to maintain. Department to operate the ammunition authorization program on a day-to-
day basis by using funds remitted to the Department each prior day. The
For the first year the system is scheduled to launch, DOJ has reserve for economic uncertainties is therefore a necessary cost of regulatory
estimated it will incur $12,844,697 in expenses while taking in and enforcement activities related to the ammunition authorization program.
$14,104,000 in revenue. And in fiscal years thereafter, DOJ
estimates an average of $9,886,506 in expenses while taking in the Additionally, as stated in the Economic and Fiscal Impact Statement (STD
same amount of revenue. The reasons for the initial costs in the 399), Attachment A, the Department will use the reserve to pay back the $25
first year “include personal services, operating expenses and million loan that was authorized to the Department by Penal Code section
equipment, system enhancements, infrastructure, and other costs.” 30371 “for the start-up costs of implementing, operating and enforcing the
provisions of the ammunition authorization program provided for in Sections
As stated in Penal Code section 30370, DOJ is only authorized to 30352 and 30370.” According to the estimates provided by the Department
“recover the reasonable cost of regulatory and enforcement in Attachment A, at no time in the next five years will the reserve for
activities,” and is only authorized to charge a fee that cannot economic uncertainties be greater than the amount owed for the loan.
exceed those costs. In other words, DOJ is not authorized to Therefore, according to the most reasonable estimates, at no time in the next
charge a fee that would allow it to “build a reserve” and then five years will the fees be in excess of the costs of regulatory and
adjust the fee at a later date. But DOJ’s proposed fee does just that, enforcement activities.
and therefore violates the necessity, authority, and consistency
requirements of the APA, as well as the California Constitution.

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12. DOJ has revised the list of individuals it considers exempt from No change has been made in response to this comment. This comment is
DOJ approval to purchase or transfer ammunition. In the revised irrelevant, as it does not regard a change to the regulations noticed to the
text, DOJ states that these individuals are exempt “pursuant to public pursuant to Government Code section 11346.8, subdivision (c).
Penal Code section 30352, subdivision (e).” But there is a Proposed section 4306(a) was changed from that which was originally made
fundamental problem with this statement. Penal Code section available to the public, to clarify that the types of identification that follow
30352, subdivision (e) only exempts those listed individuals as are those that “properly” identify an individual, as specified, and to include
applied to subdivisions (a) and (d) of Penal Code section 30352. It the Penal Code citation that provides the context for the reason why an
does not provide an exception to the requirements of Penal Code ammunition vendor might require clarification as to what constitutes
section 30370, a wholly separate Penal Code provision which “proper” identification. Neither the clarifying word “proper” nor the citation
ammunition vendors must abide by when processing ammunition of Penal Code section 30352 involve “the requirements of Penal Code
transactions. While we recognize this as an oversight on the part of section 30370” that ammunition vendors must abide by.
the author of the law, DOJ is nevertheless prohibited under the
APA from expanding the exception to apply to both provisions In any event, the Department has determined that the relevant requirements
absent further legislation. of Penal Code section 30370 are satisfied if a person or entity meets the
requirements of Penal Code section 30352, subdivision (e).

Penal Code section 30352, subdivision (c) provides that, “only those persons
listed in this subdivision, or those persons or entities listed in subdivision (e),
shall be authorized to purchase ammunition.” The “persons listed in this
subdivision,” enumerated in paragraphs (1) and (2), require the Department
to intervene prior to authorization—either through the Standard Ammunition
Eligibility Check, the COE verification process, the Basic Ammunition
Eligibility Check, or when ammunition is transferred in the same transaction
as a firearm, as implemented by proposed regulation sections 4302, 4305,
4303, and 4304, respectively. Conversely, those persons or entities listed in
subdivision (e) do not require the Department to intervene prior to their
authorization – the Department’s “approval” of those persons is immaterial,
as statute does not allow for discretion to be exercised by the Department.

Therefore, those persons or entities listed in Penal Code section 30352,

subdivision (e) either meet, or do not need to meet the requirements of Penal
Code section 30370 that ammunition vendors must abide by. Penal Code
section 30370, subdivision (a) requires the Department to “electronically
approve the purchase or transfer of ammunition through a vendor... except as
otherwise specified.” The Department determined that the explicit statutory
authorization to purchase or transfer ammunition without the Department’s
approval, as provided to those persons or entities listed in Penal Code section
30352, subdivision (e), by Penal Code section 30352, subdivision (c),
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# Summarized Comment DOJ Response

qualifies as such an exception.

Likewise, the requirement in Penal Code section 30370, subdivision (d) that
a vendor is prohibited from providing a purchaser or transferee with
ammunition without the Department’s “approval” is, in practice, irrelevant if
the purchaser or transferee is properly identified pursuant to Penal Code
section 30352, subdivision (e). The Department’s “approval” can be
presumed by the ammunition vendor, pursuant to proposed regulation
section 4306(a) and (d), because such a person, properly identified, is
already authorized by statute to purchase ammunition, without any action to
be taken on the part of the Department.

There are no other requirements of Penal Code section 30370 that

ammunition vendors must abide by that are relevant to this comment.

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# Summarized Comment DOJ Response

13. DOJ states that it would be “unduly burdensome” and No change has been made in response to this comment. Penal Code section
“unnecessarily expensive” to develop and use a system separate 30371 appropriated a $25 million loan from the general fund “for the start-up
from California’s Dealer Record of Sale (“DROS”) Entry System costs of implementing, operating and enforcing the provisions of the
(“DES”). Yet DOJ was given a loan of $25 million from the ammunition authorization program provided for in Sections 30352 and
California Legislature for this express purpose, which appears to 30370.” The Department determined that the most effective method of
have not even been utilized. Coupled with the serious issues implementing, operating and enforcing the requirements of Penal Code
concerning the required authority, clarity, and consistency under sections 30352 and 30370 was to utilize the Dealer Record of Sale Entry
the APA, and the fact that DOJ has prematurely developed the System (DES) for authorizing ammunition purchases pursuant to Penal Code
system which these regulations are purportedly designed to section 30370. As stated in the Initial Statement of Reasons (inclusive of the
implement, our clients respectfully request DOJ revise the addendum), pursuant to Penal Code section 30385, subdivision (d), many
proposal accordingly. Should DOJ refuse to do so, our clients are firearms dealers are also authorized ammunition vendors. The DES website
prepared to take any action available under the law to compel is already the established portal through which firearms dealers communicate
DOJ’s compliance, including litigation. purchasers’ or transferees’ personal information to the Department for the
purpose of firearm eligibility checks. It would be unduly burdensome for
Footnote to this comment: As noted in DOJ’s Revised Economic ammunition vendors, and unnecessarily expensive for the Department to
and Fiscal Impact Statement, DOJ estimates it will incur develop and require use of a separate method of communicating purchasers’
$12,844,697 in expenses for the first fiscal and $9,886,506 in or transferees’ personal information to the Department for the specific
expenses every year thereafter. The larger first year expenses are purpose of ammunition eligibility checks. By updating the DES, the
due to initial program costs which, presumably, include the Department has efficiently utilized funds for the start-up costs of
creation of the new system. In other words, DOJ has only spent implementing the ammunition authorization program, in accordance with
$2,958,191 of the initial $25 million start-up loan it received from statute.
the California legislature. What’s more, these costs are being
incurred during the first fiscal year in which DOJ expects to earn The Department rejects the contention that it has spent less than $3 million
revenue from the new system, raising a question as to why the on initial program costs. The majority of the $25 million General Fund loan
initial loan was even necessary. has been spent on the start-up costs of implementing, operating and
enforcing the provisions of the ammunition authorization program. The
Department’s expenditures are a matter of the public record. The complaint
that the $25 million has not been completely expended is premature, as the
implementation of the ammunition authorization program is ongoing. The
Department will repay the $25 million loan as stated in the Economic and
Fiscal Impact Statement (and attachment).

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# Summarized Comment DOJ Response

14. The proposed regulations still lack clarity and are inadequate in No change has been made in response to this comment. The Department
providing direction to licensed ammunition vendors on how to disagrees that the proposed regulations lack clarity and are inadequate in
conduct ammunition purchases and transfers. Under California’s providing direction. Sections 4302, 4303 and 4305 were revised to more
Administrative Procedures Act, all proposed regulations must be clearly communicate how a purchaser or transferee may request, though an
authored in a way that is easily understood by those person’s ammunition vendor, a determination from the Department regarding the
directly affected by them. Unfortunately, these regulations are purchaser or transferee’s authorization, and provides the methods for an
incomplete and would adversely affect manufacturers, distributors, ammunition vendor to process that request. The regulations, in conjunction
firearms retailers, shooting ranges and sportsmen’s organizations. with Penal Code section 30370, subdivision (a), make plain each option and
when each is appropriate.
In our previous comments to DOJ, NSSF asserted the regulations
omitted instructions or guidance on how a licensed ammunition The Department does not have the authority to mandate which procedure a
vendor should proceed with an ammunition purchase or transfer. purchaser or transferee uses to seek authorization to purchase ammunition.
The modified regulations also omit clear instructions on how a If an individual’s information does not match an entry in the AFS system,
vendor should proceed with an ammunition purchase or transfer. It and the individual does not hold a current Certificate of Eligibility, the
is still unclear when an ammunition vendor should initiate the individual may only be eligible for a Basic Ammunition Eligibility Check.
§4302 or §4303 process. Is that at the discretion of the potential However, by statute, certain persons may gain authorization in multiple
buyer or is it the vendor? Under what circumstances should the ways. If an individual’s personal information matches an entry in the AFS
vendor use a Standard Ammunition Eligibility Check and under (e.g., from a previous firearm transaction), the individual is eligible for both
what circumstances should they use the Basic Ammunition a Basic Ammunition Eligibility Check and a Standard Ammunition
Eligibility Check? Does the purchaser have to ask for the Standard Eligibility Check. If an individual holds a current Certificate of Eligibility,
Ammunition Check first? the individual is eligible for both a Basic Ammunition Eligibility Check and
the COE Verification process. An individual could hold a current Certificate
of Eligibility, and have personal information that matches an entry in AFS,
and also qualify for the authorization provided by the Basic Ammunition
Eligibility Check. Instead of mandating which ammunition eligibility
process a person shall request, the Department determined that the most
effective way of clarifying the multiple methods of gaining authorization, as
provided by statute, is to clearly present each process and its attendant
requirements. The proposed regulations satisfy this goal. Ammunition
vendors are free to inquire of the potential purchaser or transferee about their
potential eligibility, before requesting one of the three types of eligibility
checks.

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# Summarized Comment DOJ Response

15. a. It is also unclear how the DOJ approves a Basic Ammunition No change has been made in response to this comment.
Eligibility Check. Ammunition vendors are not provided criteria.
a. Penal Code section 30370, subdivisions (a)(3) and (c) provide that a
b. How does the department “affirm” a purchaser or transferee of person shall be authorized to purchase or receive a transfer of ammunition if
a “Single Transaction or Purchase” is authorized? that person “is not prohibited from purchasing or possessing ammunition.”
As stated in the Initial Statement of Reasons, the Basic Ammunition
Eligibility Check is essentially the same background check as a firearms
eligibility check—i.e., the Department checks the records available to it to
determine if a person is prohibited from purchasing or possessing
ammunition. For example, pursuant to Penal Code section 29800, a person
who has committed a felony is prohibited from possessing a firearm.
Pursuant to Penal Code section 30305, such a person is also prohibited from
possessing ammunition. The Department has determined that no further
interpretation of statute is necessary to govern the procedure that leads to a
determination as to whether a person is so prohibited.

b. Proposed section 4303(e) states that upon the Department’s completion of

a Basic Ammunition Eligibility Check, the Department shall update the
purchaser’s or transferee’s DES record. Proposed section 4308(a) and (b)
state that an approval will lead to the transaction record changing to
“Approved,” and that if the status is approved, ammunition may be delivered
to the purchaser or transferee. The Department disagrees that the proposed
regulation does not meet the “clarity” standard with respect to how the
Department will affirm authorization.
16. The modifications still fail to address what process ammunition No change has been made in response to this comment. Penal Code section
vendors will follow if a valid government ID is not compatible 28180 provides instruction as to what is required if, “due to technical
with the DOJ’s magnetic strip reader system. For instance, if an limitations, the magnetic strip reader is unable to obtain the required
out of state ID is not compatible with the DOJ’s system, will information from the purchaser’s identification.”
someone be denied simply because the magnetic strip reader is
unable to transmit the required information? If this happens, what
is the process for the ammunition vendor?

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17. Under Penal Code section 30370 the department is authorized to No change has been made in response to this comment. The Department is
charge “up to $1 and $19”, yet there still isn’t justification as to adopting the regulation for the reasons stated in the Initial Statement of
why the department has initially set fees to the maximum allowed Reasons (inclusive of the addendum).
by law. How did DOJ determine they would charge $1 and $19 for
Standard Ammunition Eligibility Checks and Basic Ammunition
Eligibility Checks (Single Transaction or Purchase) respectively?
Without sufficient justification, DOJ lacks the authority to charge
the maximum fee allowed by law.
18. Under PUBLIC LAW 103-159 (Brady Act) and 18 U.S.C. 922(t) No change has been made in response to this comment. The Department is
access to the National Instant Criminal Background Check System not checking NICS for ammunition purchases or transfers.
(NICS) is limited to:
Penal Code section 30370, subdivisions (a)(3) and (c) provide that a person
(1) permits or licenses to possess, acquire, or transfer a firearm, shall be authorized to purchase or receive a transfer of ammunition if that
or to carry a concealed firearm, or to import, manufacture, deal person “is not prohibited from purchasing or possessing ammunition.” As
in, or purchase explosives; stated in the Initial Statement of Reasons, the Basic Ammunition Eligibility
Check is essentially the same background check as a firearms eligibility
It is impermissible to access NICS for anything other than firearms check—i.e., the Department checks the records available to it to determine if
and explosives. § 4303 is unclear on whether the department a person is prohibited from purchasing or possessing ammunition. For
intends to access NICS for ammunition purchases and transfers. example, pursuant to Penal Code section 29800, a person who has committed
The proposed regulation states, “A purchaser or transferee is a felony is prohibited from possessing a firearm. Pursuant to Penal Code
authorized to purchase ammunition if they are not prohibited from section 30305, such a person is also prohibited from possessing ammunition.
purchasing or possessing ammunition, subsequent to affirmation The Department has determined that no further interpretation of statute is
by the Department.” What criteria is the department using to necessary to govern the procedure that leads to a determination as to whether
determine whether or not someone is eligible? Again, will the a person is so prohibited.
department be contacting NICS for ammunition transfers and
purchases?

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19. Under § 4306 (8), Ammunition Purchases or Transfers for No change has been made in response to this comment because the
Exempted Individuals, “an authorized law enforcement Department determined that this comment objects to the underlying statute
representative of a city, county, city and county, or state or and is neither specifically directed at the Department’s proposed action nor
federal government shall present written authorization from to the procedures followed by the Department in proposing or adopting the
the head of the agency authorizing the ammunition purchase action.
or transfer, as described by Penal Code section 30352,
subdivision (e)(7).” The requirement of having a cabinet level Penal Code section 30352, subdivision (e)(7) requires, to qualify for the
official (i.e. Secretary of Defense, Attorney General, Secretary of exemption provided by subdivision (e), that the authorized law enforcement
State) in the federal government sign off on every ammunition representative provide “proper written authorization,” which is further
purchase or transfer instead of procurement representatives is defined as “verifiable written certification from the head of the agency [...]”
overly burdensome.
20. The regulations are also troublesome for our range members. As No change has been made in response to this comment. This comment is
an example, under California law it is permissible to purchase irrelevant, as it does not regard a change to the regulations noticed to the
ammunition without a background check at a shooting range if the public pursuant to Government Code section 11346.8, subdivision (c).
ammunition stays on the premises and does not leave the facility?
The proposed regulations do not specify what happens if an Penal Code section 30370, subdivision (e)(3) exempts ammunition vendors
individual takes ammunition from the premises in violation of the from the requirements of subdivisions (a) and (d), as specified. The
law. Department has determined that it is the responsibility of the target facility to
ensure that the exemption provided by subdivision (e)(3) is satisfied–
including the final disposition of any ammunition sold or transferred–
because the Department is not involved in these purchases or transfers.
21. Since most law enforcement agencies and other exempted No change has been made in response to this comment. Penal Code section
customers are located at places remote to an ammunition vendor’s 30348, subdivision (a) provides that “The sale of ammunition by a licensed
place of business, it is impossible for them to travel to the vendor’s vendor shall be conducted at the location specified in the license.” In
business location to purchase ammunition in person. This fact addition, Penal Code 30352, subdivision (c) requires that the ammunition
necessitates that ammunition be shipped to them via licensed and vendor “verify that the person who is receiving delivery of the ammunition”
regulated freight carriers. is a person or entity listed in subdivisions (c)(1), (c)(2), or (e).

The Department is adopting the regulation in presumption that ammunition

vendors will conduct sales at the location specified in the license, and will
verify that the person receiving delivery is authorized to do so, per section
4306(c). The Department has determined that there is no further need to
interpret the relevant statutes in these respects.

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22. Will the CA DOJ be creating an avenue in CFARS for people to No change has been made in response to this comment. This comment is
update their driver's license information with the information the irrelevant, as it does not regard a change to the regulations noticed to the
DOJ has on file in the AFS system? We already have many public pursuant to Government Code section 11346.8, subdivision (c).
customers who have changed addresses since DROS-ing a firearm,
and would like to update this information so that they are approved The Department is currently engaged in rulemakings to allow persons to
with the Standard eligibility check. update information in the AFS system (see OAL notice file numbers Z-2018-
01910-02 and Z-2018-0925-03). These rulemakings are anticipated to be
effective July 1, 2019. This commenter is on the Department’s mailing list
of interested parties and has been sent copies of these regulations.

Additionally, these rulemakings are available on our public website,

https://oag.ca.gov/firearms.
23. Article 7. Delivery of Ammunition & Billing, 4308 Delivery of No change has been made in response to this comment. As explained in the
Ammunition Following DES Submission. Section (c) By authority Final Statement of Reasons, Update of the Initial Statement of Reasons,
of Section 30352: I am no longer seeing reference to the section 4308(c), the Department removed the phrase “to record the time and
ammunition purchase registration requirement. Has this been date the ammunition is delivered.” Instead, the Department amended the text
removed? If so: thank you. Ammunition is a disposable to refer directly to the information required by Penal Code section 30352,
commodity that many of our customers purchase and then shoot at subdivision (a). The statutory requirements are being duplicated here to
a local range before they even get home. This requirement seemed provide clarity to the regulations by presenting, in this section, all of the
unnecessary, burdensome and costly (to maintain in a database) for requirements for completing a purchase or transfer conducted pursuant to
CA DOJ. sections 4302, 4303 or 4305. Even if these statutory requirements had not
been duplicated in the regulations for the purpose of clarity, their omission in
these regulations would not have relieved ammunition vendors of the
requirements.
24. Section B, Item 1 of the Fiscal Impact Statement projects No change has been made in response to this comment. As stated in the
additional expenditures of $12,844,697, but no explanation is attachment to the Economic and Fiscal Impact Statement (STD. 399),
provided as to how the shortfall will be addressed. This is not an “Attachment A,” the Department received a $25 million General Fund loan
insignificant amount. No answer is provided on whether the costs for the initial costs of implementing the ammunition authorization program.
will be absorbed in the existing budget, or that the budget will be
increased.

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# Summarized Comment DOJ Response

25. The logic of Attachment A, supplementing Economic Impact No change has been made in response to this comment. The Standard
Statement, Section B, Question 1, is flawed with respect to the Ammunition Eligibility Check (SAEC) and the COE verification process,
estimated business costs. No basis is provided for the assumption which the Department estimates will comprise over 98 percent of
that performing the eligibility check will only take two minutes. authorization requests, are automated checks of records contained in the
Department’s computer systems. The two minute estimate is based on the
time it takes the ammunition vendor to enter the data and for the
Department’s computer system to complete the check. The majority of the
data for the SAEC and the COE verification processes are automatically
collected via a magnetic strip reader, as described by Penal Code section
28180. The date of sale and the salesperson’s name will be collected
automatically through the Dealers Record of Sale Entry System (DES)
account.
26. State Government Costs: The projected revenue from verification No change has been made in response to this comment. As stated in the
fees does not account for a likely decrease in applications induced Economic Impact Assessment in the Initial Statement of Reasons, the
by demand reduction or other newly incentivized [sic] market Department has used the most reasonable estimates derived from extensive
adjustments such as group buys, bulk buys, self-manufacture, or research into sales of ammunition.
illegal importation. It is highly probable that revenue will decline
and jeopardize the loan repayment. This analysis makes no plan The Department disagrees that these regulations will lead to fewer
for projected loan payoff time nor any contingency plans in case of ammunition sales. As stated in the Initial Statement of Reasons, the
default, which is irresponsible to taxpayers. Department estimates that over 98 percent of authorizations will be
conducted using either a Standard Ammunition Eligibility check or COE
verification, and neither the $1 fee, nor the approximated 2 minute process
will deter firearm enthusiasts from purchasing ammunition. As for the Basic
Ammunition Eligibility Check, the Department determined that it is most
likely that firearm enthusiasts will purchase the same quantity of
ammunition, but in fewer transactions.

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27. Hunting guides, who specialize in non-resident hunters as well as No change has been made in response to this comment. The Department
organizations that run shooting competitions, including the bid for disagrees that there is “no legal way for non-residents to import or acquire”
LA hosting upcoming Olympics. Since there is NO legal way for ammunition. Penal Code section 30314, subdivision (a) states, “a resident of
non-residents to import or acquire ammo for either legal hunting or this state shall not bring or transport into this state any ammunition that he or
competitive sports shooting. As well charities that auction hunting she purchased or otherwise obtained from outside of this state unless he or
tags for big bucks, who will no longer be able to tap non-resident she first has that ammunition delivered to a licensed ammunition vendor for
hunters as potential buyers. delivery to that resident pursuant to the procedures set forth in Section
30312.” These restrictions do not apply to non-residents. Additionally, a
person from out of state may legally purchase ammunition if they qualify for
the exemptions provided in Penal Code section 30312, subdivision (c), or
section 30352, subdivision (e), or by the provisions of any other relevant
statute.

See also the Department’s response to comment #5.

28. The current Initial Statement of Reasons Addendum does not No change has been made in response to this comment. The Department
reasonably clarify the need to have two separate background interprets this comment as disputing the necessity of having both the
checks to obtain the same information that a telephonic or Standard Ammunition Eligibility Check and the Basic Ammunition
electronic check of the AFS can obtain instantaneously. The AFS Eligibility Check. This comment is irrelevant, as it does not regard a change
check will reveal if the purchaser has already successfully passed a to the regulations noticed to the public pursuant to Government Code section
background check for the purchase of a firearm. 11346.8, subdivision (c). The Department is adopting the regulation for the
reasons stated in the Initial Statement of Reasons (inclusive of the
addendum).

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# Summarized Comment DOJ Response

29. There is a ten day waiting period for the delivery of a handgun yet No change has been made in response to this comment. As stated in the
there is no such limit for the approval of an ammunition purchase. Initial Statement of Reasons (inclusive of the addendum), the Department
Without this waiting period it could takes weeks and or months to estimates that a Standard Ammunition Eligibility Check and a COE
approve eligibility. This would pose an unreasonable safety issue Verification will be completed in approximately two minutes. The
for the purchaser. Department estimates that over 98 percent of authorizations will be
conducted using either a Standard Ammunition Eligibility check or COE
verification.

The Basic Ammunition Eligibility Check will take longer to complete,

because satisfying the requirements of Penal Code section 30370,
subdivision (c), requires a manual review of Department records by an
analyst, to determine eligibility. Statute does not provide a maximum time
for the Department to complete this review. Therefore the Department has
determined that the alternative proposed, to institute a time limit on the
eligibility check, would not be more effective in carrying out the purpose for
which the action is proposed.

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30. Furthermore, Section 4306 “Ammunition Purchases or Transfers No change has been made in response to this comment because the
for Exempted Individuals” would violate the California Department determined that this comment objects to any implementation of
Constitution, Article I (“Declaration of Rights”) Section 7(b), the underlying statute and is neither specifically directed at the Department’s
which states “A citizen or class of citizens may not be granted proposed action nor to the procedures followed by the Department in
privileges or immunities not granted on the same terms to all proposing or adopting the action. Penal Code section 30352, subdivision (e)
citizens.” By making some individuals exempted from the process, provides exemptions from Department approval to purchase or transfer
they are granted privileges or immunities not granted to all ammunition. The Department has no authority to not implement the
citizens. underlying statute. Per Article 3, Section 3.5 of the Constitution of
California:

An administrative agency, including an administrative agency created by

the Constitution or an initiative statute, has no power:

(a) To declare a statute unenforceable, or refuse to enforce a statute, on

the basis of it being unconstitutional unless an appellate court has made a
determination that such statute is unconstitutional;

(b) To declare a statute unconstitutional;

(c) To declare a statute unenforceable, or to refuse to enforce a statute on

the basis that federal law or federal regulations prohibit the enforcement
of such statute unless an appellate court has made a determination that the
enforcement of such statute is prohibited by federal law or federal
regulations.

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31. Can we run a Standard Ammunition eligibility check on a No change has been made in response to this comment. This comment is
customer before we assist them in gathering ammunition for irrelevant, as it does not regard a change to the regulations noticed to the
purchase, and then once a customer has been approved, we then public pursuant to Government Code section 11346.8, subdivision (c).
take them to the register to complete their transaction, and log back
into the DES system to register their purchase? Or will we have to Penal Code section 30370, subdivision (a) provides that Departmental
run the check in DES at the same time of purchase? If the later, approval “shall occur ... prior to the purchaser or transferee taking possession
this will cause a considerable burden on our employees, having to of the ammunition.” Penal Code section 30352, subdivision (c) requires
re-stock ammunition if a customer is denied during the Standard ammunition vendors, “prior to delivering any ammunition” to verify that the
eligibility check. person receiving delivery is a person authorized to do so, including
authorization pursuant to a Standard Ammunition Eligibility Check. The
Department has determined that no further interpretation of these provisions
are necessary to implement the ammunition authorization program.

There is nothing in these proposed regulations that would prohibit a

purchaser or transferee from requesting, through an ammunition vendor, a
Standard Ammunition Eligibility Check be conducted before the ammunition
vendor assists the purchaser or transferee in the manner indicated by the
commenter. As stated in the Initial Statement of Reasons, Economic Impact
Assessment, “An ammunition vendor can initiate a Standard Ammunition
Eligibility Check, and even when the Department is processing the
transaction, the ammunition vendor can still initiate additional ammunition
transactions while ammunition purchasers continue to shop and likely
purchase other items.”
32. Article 5. Exempted Individuals. Section (b). How long will an No change has been made in response to this comment because the
ammunition vendor be required to maintain copies of documents Department determined that this comment is neither an objection nor a
for exempted individuals? 2 years? 5 years? 7 years? Can an recommendation regarding the Department’s proposed action nor to the
ammunition vendor mail copies of these documents to CA DOJ procedures followed by the Department in proposing or adopting the action.
every 30 days to remove the burden of maintaining these
documents? Pursuant to Penal Code section 30355, records are required to be maintained
on the premises of the vendor for a period of not less than five years from the
date of the transfer of ammunition.

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ALPHABETICAL LIST OF COMMENTERS

(Attachment D)
Delivery
Last Name First Name Comments Contact (email or address)
Method
Andersen Jeff Irrelevant to 15-day comment [email protected] e-mail
Anderson Bill Irrelevant to 15-day comment [email protected] e-mail
Anderson Jon Irrelevant to 15-day comment [email protected] e-mail
Arevalo Michael Irrelevant to 15-day comment [email protected] e-mail
Arjil Anthony 28, 29 [email protected] e-mail
Barreto Daniel Irrelevant to 15-day comment [email protected] e-mail
Barron Andrew Irrelevant to 15-day comment [email protected] e-mail
Becker David Irrelevant to 15-day comment [email protected] e-mail
Becker Grand Master Irrelevant to 15-day comment 23234 Raymond St. Chatsworth, CA 91311 U.S. Mail
Bedore Paul Irrelevant to 15-day comment [email protected] e-mail
Betts Jeff Irrelevant to 15-day comment [email protected] e-mail
Beyer Kevin Irrelevant to 15-day comment [email protected] e-mail
Campos Jaime Irrelevant to 15-day comment [email protected] e-mail
Caprio Don Irrelevant to 15-day comment [email protected] e-mail
Carlsen John 30 [email protected] e-mail
Chiu Kyle Irrelevant to 15-day comment [email protected] e-mail
Clarke Joe Irrelevant to 15-day comment [email protected] e-mail
Coleman Brian J. Irrelevant to 15-day comment [email protected] e-mail
Cooperider Tracey Irrelevant to 15-day comment [email protected] e-mail
Copenhaver Adam (x 2) 2 [email protected] e-mail
Cordisco Mike Irrelevant to 15-day comment [email protected] e-mail
Cottrell William Irrelevant to 15-day comment [email protected] e-mail
Creel Brandon x 2 10, 24, 25 [email protected] e-mail
Cubiero Matthew D. (x 3) 5, 6, 7, 8, 9, 10, 11, 12, 13 [email protected] e-mail/fax

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Damiano Michael Irrelevant to 15-day comment [email protected] e-mail
D'Apolito A. Irrelevant to 15-day comment [email protected] e-mail
Davis Chris x 2 Irrelevant to 15-day comment [email protected] e-mail
Daw Claudia Irrelevant to 15-day comment [email protected] e-mail
Eiruch Peter Irrelevant to 15-day comment [email protected] e-mail
Elliott Tom Irrelevant to 15-day comment [email protected] e-mail
Evans Christian Irrelevant to 15-day comment [email protected] e-mail
Farina Greg Irrelevant to 15-day comment [email protected] U.S. Mail
Fauria Beau Irrelevant to 15-day comment [email protected] e-mail
Findlay Michael (x 2) 14, 15, 16, 17, 18, 19, 20 [email protected] e-mail
Fox Anthony Irrelevant to 15-day comment [email protected] e-mail
Freddi Michael Irrelevant to 15-day comment [email protected] e-mail
Frias Eric Irrelevant to 15-day comment [email protected] e-mail
Friedman Mark Irrelevant to 15-day comment 8030 Mackey Court, Rohnert Park, CA 94928 U.S. Mail
Garoutte Michale Irrelevant to 15-day comment [email protected] e-mail
Geddes Carl Irrelevant to 15-day comment 5023 Camino Playa Malaga San Diego, CA 92124-4117 U.S. Mail
Goeglein Patrick Irrelevant to 15-day comment [email protected] e-mail
Goesch Connie Irrelevant to 15-day comment [email protected] e-mail
Gommel Linda Irrelevant to 15-day comment [email protected] e-mail
Gutierrez Tyler Irrelevant to 15-day comment [email protected] e-mail
Hamm Chuck Irrelevant to 15-day comment [email protected] e-mail
Hardy Carleton Irrelevant to 15-day comment [email protected] e-mail
Haugan Dennis F. Irrelevant to 15-day comment [email protected] e-mail
Healy Jeff Irrelevant to 15-day comment [email protected] e-mail

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Hernandez Miguel Irrelevant to 15-day comment [email protected] e-mail
Hiebert Andy Irrelevant to 15-day comment [email protected] e-mail
Hightower Charles Irrelevant to 15-day comment [email protected] e-mail
Hogan Donald Irrelevant to 15-day comment [email protected] e-mail
Hogan Joshua Irrelevant to 15-day comment [email protected] e-mail
Horacek, Sr. Pete Irrelevant to 15-day comment [email protected] e-mail
Horger Michael Irrelevant to 15-day comment [email protected] e-mail
Howard Lance Irrelevant to 15-day comment [email protected] e-mail
Jacks Brian Irrelevant to 15-day comment [email protected] e-mail
Jackson Jack Irrelevant to 15-day comment [email protected] e-mail
Johnson John Irrelevant to 15-day comment [email protected] e-mail
Kalter Eric Irrelevant to 15-day comment 15302 Central Ave. Chino, CA 91710 U.S. Mail
Kash Daniel Irrelevant to 15-day comment [email protected] e-mail
Kim Jason Irrelevant to 15-day comment [email protected] e-mail
Kirsch Steven Irrelevant to 15-day comment [email protected] e-mail
Kopp John Irrelevant to 15-day comment [email protected] e-mail
Kronberger Walter Irrelevant to 15-day comment [email protected] e-mail
Kroychik Vitaliy Irrelevant to 15-day comment [email protected] e-mail
Lembright Bill Irrelevant to 15-day comment [email protected] e-mail
Lopez Tony Irrelevant to 15-day comment [email protected] e-mail
Lynch Kathy 4, 21 [email protected] e-mail
M. Adam Irrelevant to 15-day comment [email protected] e-mail
MacDonald Debbie Irrelevant to 15-day comment [email protected] e-mail
Maldonado Phil Irrelevant to 15-day comment [email protected] e-mail

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Mayeda Willis Irrelevant to 15-day comment [email protected] e-mail
McCarthy Gerald 2 [email protected] e-mail
McGinnis Brian Irrelevant to 15-day comment [email protected] e-mail
McNab Christy (x 2) 2, 5, 22, 23, 31, 32 [email protected] e-mail
Mendoza Edgar Irrelevant to 15-day comment [email protected] e-mail
Miles Paul Irrelevant to 15-day comment [email protected] e-mail
Moore Christopher 26 [email protected] e-mail
Morgan Mike Irrelevant to 15-day comment [email protected] e-mail
Mullaly Richard D. Irrelevant to 15-day comment [email protected] e-mail
Munguia Roger Irrelevant to 15-day comment [email protected] e-mail
Nagai Dan Irrelevant to 15-day comment [email protected] e-mail
Newman Craig Irrelevant to 15-day comment [email protected] e-mail
O'Neil Bee Irrelevant to 15-day comment [email protected] e-mail
Overmyer Carl (x 2) 27 [email protected] e-mail
P. Kevin Irrelevant to 15-day comment [email protected] e-mail
Pappas Steven Irrelevant to 15-day comment [email protected] e-mail
Parth Frank Irrelevant to 15-day comment [email protected] e-mail
Pelky Lance Irrelevant to 15-day comment [email protected] e-mail
Peterson J. Irrelevant to 15-day comment [email protected] e-mail
Petrach Charles Irrelevant to 15-day comment [email protected] e-mail
Powell Russell Irrelevant to 15-day comment [email protected] e-mail
Ramirez A.J. Irrelevant to 15-day comment [email protected] e-mail
Ramirez Nick Irrelevant to 15-day comment [email protected] e-mail
Rife Neil Irrelevant to 15-day comment [email protected] e-mail

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Rizor Carl W. Irrelevant to 15-day comment [email protected] e-mail
Robbins William L. Irrelevant to 15-day comment [email protected] e-mail
Roberts Shane Irrelevant to 15-day comment [email protected] e-mail
Roberts Travis 2 [email protected] e-mail
Robinson William Irrelevant to 15-day comment [email protected] e-mail
Rodriguez William Irrelevant to 15-day comment [email protected] e-mail
Ross Eric Irrelevant to 15-day comment [email protected] e-mail
Rudd Zachary Irrelevant to 15-day comment [email protected] e-mail
Sanders Brad Irrelevant to 15-day comment [email protected] e-mail
Sandoval Luis Irrelevant to 15-day comment [email protected] e-mail
Schuller Dan Irrelevant to 15-day comment [email protected] e-mail
Schultz Larry Irrelevant to 15-day comment [email protected] e-mail
Scott Eron 2 [email protected] e-mail
Smith Cameron Irrelevant to 15-day comment [email protected] e-mail
Stetz George Irrelevant to 15-day comment [email protected] e-mail
Steward Michael L. Irrelevant to 15-day comment 1126 Brighton Way, Lodi, CA 95242 U.S. Mail
Stewart Jay Irrelevant to 15-day comment [email protected] e-mail
Strangla Jookey Irrelevant to 15-day comment [email protected] e-mail
Szemeredi Robert Irrelevant to 15-day comment [email protected] e-mail
Talley Michael Irrelevant to 15-day comment [email protected] e-mail
Terminel, Jr. Augustine Irrelevant to 15-day comment [email protected] e-mail
Trumpy David Irrelevant to 15-day comment [email protected] e-mail
Unknown Norman Irrelevant to 15-day comment [email protected] e-mail
Unknown Robert 3 [email protected] e-mail

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Delivery
Last Name First Name Comments Contact (email or address)
Method
Unknown Shawn Irrelevant to 15-day comment [email protected] e-mail
Unknown Unknown Irrelevant to 15-day comment [email protected] e-mail
Unknown Unknown Irrelevant to 15-day comment [email protected] e-mail
Upham Daniel K. (2) 1 [email protected] Fax
Upult Gerald 21 [email protected] e-mail
Van Norman Brian W. Irrelevant to 15-day comment [email protected] e-mail
Vasquez John Irrelevant to 15-day comment [email protected] e-mail
Victor Dennis Irrelevant to 15-day comment [email protected] e-mail
Walker Brooks Irrelevant to 15-day comment [email protected] e-mail
Wallace Joye Irrelevant to 15-day comment [email protected] e-mail
West Joshua Irrelevant to 15-day comment [email protected] e-mail
White Andy x 4 Irrelevant to 15-day comment [email protected] e-mail
White Le Irrelevant to 15-day comment [email protected] e-mail
Wilhelm Dan Irrelevant to 15-day comment [email protected] e-mail
Williams Trey Irrelevant to 15-day comment [email protected] e-mail
Willson David E. Irrelevant to 15-day comment [email protected] e-mail
Wolverton Norman Irrelevant to 15-day comment [email protected] e-mail
Yang Daniel Irrelevant to 15-day comment [email protected] e-mail
Zygmont Justin Irrelevant to 15-day comment [email protected] e-mail

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EXHIBIT 13

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California Code of Regulations

Title 11, Division 5

Chapter 11. Ammunition Purchases or Transfers

Article 1. General

§ 4300. Title and Scope.

This chapter shall be known as the “Department of Justice Regulations for Ammunition
Purchases or Transfers,” and may be cited as such and referred to herein as “these
regulations.” The provisions of these regulations shall provide the directives for an individual
to purchase or transfer ammunition into an individual’s possession on or after July 1, 2019.

Note: Authority cited: Sections 30352 and 30370, Penal Code. Reference: Sections 30305,
30312, 30314, 30352 and 30370, Penal Code.

§ 4301. Definition of Key Terms.

(a) “AFS” means the Department’s Automated Firearms System.

(b) “Ammunition vendor” means a person or entity having a valid license to sell ammunition,
issued pursuant to Penal Code section 30385.

(c) “ATN” means Ammunition Transaction Number issued by the Department.

(d) “Automated Firearms System” is the name of a repository of firearm records maintained
by the Department, as established by Penal Code section 11106.

(e) “Basic Ammunition Eligibility Check” means the Department’s ammunition eligibility
check as prescribed by Penal Code section 30370, subdivision (c). The Department shall
conduct a Basic Ammunition Eligibility Check to authorize a California resident for a single
ammunition transaction or purchase.

(f) “Certificate of Eligibility” or “COE” means a certificate issued pursuant to Penal Code
section 26710, which states that the Department has checked its records and determined that the
applicant was not prohibited from acquiring or possessing firearms at the time the check was
performed.

(g) “CFARS” means the Department’s California Firearms Application Reporting System.
An individual can access the CFARS website at the following web address:
https://cfars.doj.ca.gov/login.do.

(h) “Department” means the California Department of Justice.

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(i) “Dealer Record of Sale Entry System” or “DES” means the Department’s website that
an ammunition vendor will use to submit an ammunition purchaser’s or transferee’s information
to the Department before the Department can approve an ammunition purchase or transfer. An
ammunition vendor can access the DES website at the following web address:
https://des.doj.ca.gov/login.do.

(j) “Firearms dealer” means a person having a valid license to sell firearms issued pursuant
to Penal Code section 26700.

(k) “Firearms eligibility check” means a state and federal background check, conducted
pursuant to Penal Code section 28220, that is used to determine an individual’s eligibility to
possess, receive, own, or purchase a firearm.

(l) “Head of the agency” means the chief of police or the director of public safety for a
police department, the sheriff for a county sheriff's office, the head of an agency or their
designee for a state law enforcement agency, and the manager in charge of any local field office
for a federal law enforcement agency.

(m) “Prohibited Armed Persons File” means the database established by Penal Code section
30000.

(n) “Purchaser or transferee” means an individual purchasing or transferring ammunition.

(o) “Standard Ammunition Eligibility Check” means the Department’s ammunition

eligibility check as prescribed by Penal Code section 30370, subdivision (b).

(p) “Sworn federal law enforcement officer’s credential” means identification indicating an
individual is a sworn federal law enforcement officer.

(q) “Sworn state or local peace officer’s credential” means identification indicating an
individual is a sworn state or local peace officer pursuant to Part 2, Chapter 4.5, of the Penal
Code (commencing with section 830).

Note: Authority cited: Sections 30352 and 30370, Penal Code. Reference: Sections
11106, 16150, 16151, 26710, 30352, 30370 and 30385, Penal Code.

Article 2. Ammunition Eligibility Checks: Standard and Basic

§ 4302. Standard Ammunition Eligibility Check (AFS Match).

(a) A purchaser or transferee is authorized to purchase ammunition if their information

matches an entry in the Automated Firearm System and does not match an entry in the
Prohibited Armed Persons File.

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(1) A purchaser or transferee may request, through an ammunition vendor, that the
Department conduct a Standard Ammunition Eligibility Check to determine if the
ammunition purchaser or transferee qualifies for this authorization.

(b) As authorized by Penal Code section 30370, subdivision (e), the fee for a Standard
Ammunition Eligibility Check is $1.00.

(c) The ammunition vendor shall collect the purchaser’s or transferee’s name, date of birth,
current address, and driver’s license or other government identification number in the manner
described in Penal Code section 28180, and telephone number, and enter this information into
the DES website.

(d) Upon the Department’s completion of the Standard Ammunition Eligibility Check, the
Department shall update the purchaser’s or transferee’s DES record to instruct the ammunition
vendor to approve or reject the purchase or transfer.

(e) If the purchase or transfer is rejected, the ammunition vendor shall provide the purchaser
or transferee with an ATN that can be used to obtain the reason for the rejection through the
Department’s CFARS website.

Note: Authority cited: Sections 30352 and 30370, Penal Code. Reference: Sections
28180, 30352 and 30370, Penal Code.

§ 4303. Basic Ammunition Eligibility Check (Single Transaction or Purchase).

(a) A purchaser or transferee is authorized to purchase ammunition if they are not prohibited
from purchasing or possessing ammunition, subsequent to affirmation by the Department.

(1) A purchaser or transferee may request, through an ammunition vendor, that the
Department conduct a Basic Ammunition Eligibility Check to determine if the purchaser
or transferee qualifies for this authorization.

(2) A purchaser or transferee may instead seek authorization by following the

procedure set forth by section 4302, 4304, 4305, or 4306, as applicable.

(b) As authorized by Penal Code section 30370, subdivision (c), the fee for a Basic
Ammunition Eligibility Check is $19.00.

(c) The ammunition vendor shall collect the ammunition purchaser’s or transferee’s name,
date of birth, current address, gender, hair color, eye color, height, weight, and driver’s license
or other government identification number in the manner described in Penal Code section
28180, and telephone number, United States citizenship status, federal Alien Registration
Number or I-94 (if applicable), place of birth, alias name(s), and race, and enter this
information into the DES website.

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(d) The ammunition vendor will provide the purchaser or transferee an ATN to monitor the
status of the Basic Ammunition Eligibility Check through the Department’s CFARS website.

(1) An approved Basic Ammunition Eligibility Check can only be used for one
ammunition purchase or transfer, and the approval expires 30 calendar days from when
it is issued.

(2) If the Basic Ammunition Eligibility Check is denied, the Department shall notify
the purchaser or transferee of the reason for the denial via U.S. Mail.

(e) Upon the Department’s completion of a Basic Ammunition Eligibility Check, the
Department shall update the purchaser’s or transferee’s DES record.

Note: Authority cited: Sections 30352 and 30370, Penal Code. Reference: Sections
28180, 30352 and 30370, Penal Code; and Section 922, Title 18, United States Code.

Article 3. Purchasing of a Firearm and Ammunition in a Single Transaction

§ 4304. Firearms Eligibility Check.

(a) When an individual is purchasing or transferring a firearm and ammunition in the

same transaction, the Department shall complete a firearms eligibility check before the
purchaser or transferee can take possession of the firearm or ammunition.

(b) Except as provided in subdivision (c), a purchaser or transferee of a firearm and

ammunition in the same transaction shall only pay the fee for the firearms eligibility check as
prescribed in section 4001 of this title.

(c) If the purchaser or transferee wants to take possession of the ammunition before the
Department completes the firearms eligibility check, the purchaser or transferee shall conduct a
separate transaction following the procedure set forth by section 4302, 4303, 4305, or 4306, as
appropriate, and pay any associated fee prior to taking possession of the ammunition.

Note: Authority cited: Section 30352, Penal Code. Reference: Sections 28220, 30352 and
30370, Penal Code.

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Article 4. COE Verification Process

§ 4305. COE Verification Process.

(a) A purchaser or transferee is authorized to purchase ammunition if they hold a current

Certificate of Eligibility, subsequent to verification by the Department.

(1) A purchaser or transferee may request, through an ammunition vendor, that the
Department conduct a COE Verification to determine if the purchaser or transferee
qualifies for this authorization.

(b) As authorized by Penal Code section 30370, subdivision (e), the fee for COE
Verification is $1.00.

(c) The ammunition vendor shall collect the ammunition purchaser’s or transferee’s name,
date of birth, current address, and driver’s license or other government identification number in
the manner described in Penal Code section 28180, telephone number, and COE number, and
enter the information into the DES website.

(d) Upon the Department’s completion of the COE Verification, the Department shall
update the purchaser’s or transferee’s DES record to instruct the ammunition vendor to approve
or reject the ammunition purchase or transfer.

Note: Authority cited: Sections 30352 and 30370, Penal Code. Reference: Sections 26710,
28180 and 30370, Penal Code.

Article 5. Ammunition Purchases or Transfers; Exempted Individuals

§ 4306. Ammunition Purchases or Transfers for Exempted Individuals.

(a) The following types of identification will properly identify an individual who is exempt
pursuant to Penal Code section 30352, subdivision (e), from Department approval to purchase
or transfer ammunition.

(1) An ammunition vendor shall present a valid Ammunition Vendor License issued
pursuant to Penal Code section 30385.

(2) A person who is on the centralized list of exempted federal firearms licensees
maintained by the Department shall present a Department-issued Listing
Acknowledgement Letter indicating that the individual is currently on the centralized list
of exempted federal firearms licensees.

(3) A gunsmith shall present a valid Type 01 Federal Firearms License.

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(4) A wholesaler shall present a valid Type 01 Federal Firearms License.

(5) A manufacturer of firearms shall present a valid Type 07 Federal Firearms

License.

(6) An importer of firearms or ammunition shall present a valid Type 08 Federal

Firearms License.

(7) A manufacturer of ammunition shall present a valid Type 06 Federal Firearms

License.

(8) An authorized law enforcement representative of a city, county, city and county,
or state or federal government shall present written authorization from the head of the
agency authorizing the ammunition purchase or transfer, as described by Penal Code
section 30352, subdivision (e)(7).

(9) A properly identified sworn peace officer, as defined in Chapter 4.5 of Title 3 of
Part 2 of the Penal Code, who is authorized to carry a firearm in the course and scope of
the officer’s duties, shall present both:

(A) A sworn state or local peace officer’s credential, and

(B) Verifiable written certification from the head of the agency, as described
by Penal Code section 30352, subdivision (e)(8)(B)(i). The verifiable written
certification from the head of the agency expires 30 days after issuance.

(10) A properly identified sworn federal law enforcement officer, who is authorized
to carry a firearm in the course and scope of the officer’s duties, shall present both:

(A) A sworn federal law enforcement officer’s credential, and

(B) Verifiable written certification from the head of the agency, as described
by Penal Code section 30352, subdivision (e)(8)(B)(i). The verifiable written
certification from the head of the agency expires 30 days after issuance.

(b) For persons identified pursuant to subdivisions (a)(9) and (10) of this section, the
ammunition vendor shall keep a photocopy of the front and back of the credential and the
identification document provided pursuant to subdivision (c) of this section, along with the
original verifiable written certification from the head of the agency. The ammunition vendor
shall make a copy of these records available to the Department upon request.

(1) If the law enforcement agency does not allow photocopies to be made of the
credential, the ammunition vendor shall retain a business card from the sworn law
enforcement officer after personally viewing the credential.

(c) At the time of delivery, the ammunition vendor COE holder, authorized associate, or
salesperson shall require the purchaser or transferee to provide an identification document that

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meets the requirements of Penal Code section 16300, to verify that the person who is receiving
delivery of the ammunition is the person exempted pursuant to Penal Code section 30352,
subdivision (e).

(d) Once the ammunition vendor has verified that the individual is exempt from Department
approval to purchase or transfer ammunition, the ammunition vendor may process an
ammunition purchase or transfer without Department approval.

Note: Authority cited: Section 30352, Penal Code. Reference: Section 30352, Penal Code.

Article 6. Telephonic Access for Ammunition Vendors

§ 4307. Telephonic Access for Ammunition Vendors.

(a) Ammunition vendors without access to an Internet connection due to their telephone
service provider’s, or other Internet service providers’ inability to provide access to an Internet
connection at their place of business may acquire telephonic access to the Department, for the
Department to manually determine if a purchaser or transferee is eligible to own or possess
ammunition. Ammunition vendors seeking telephonic access to the Department shall complete
an Ammunition Vendor (Non-Firearms Dealer) Application for Telephonic Approval, Form
BOF 1020 (Orig. 05/2018), which is hereby incorporated by reference. Telephonic access to
the Department will be available during the Department’s Customer Support Center business
hours.

(b) Ammunition vendors shall acquire documentation from their telephone/Internet service
provider stating that the service provider does not offer Internet service at the ammunition
vendor’s place of business.

(c) After the ammunition vendor has completed the application for telephonic access, the
ammunition vendor shall mail the Ammunition Vendor (Non-Firearms Dealer) Application for
Telephonic Approval, Form BOF 1020 (Orig. 05/2018), and the documentation in subdivision
(b) of this section to the Department at the following address:

Department of Justice
Bureau of Firearms
P.O. Box 160487
Sacramento, California 95816

(d) The Department shall notify the ammunition vendor via U.S. Mail of the
Department’s determination to approve or deny the Ammunition Vendor (Non-Firearms
Dealer) Application for Telephonic Approval, Form BOF 1020 (Orig. 05/2018).

Note: Authority cited: Section 30370, Penal Code. Reference: Section 30370, Penal Code.

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Article 7. Delivery of Ammunition and Billing

§ 4308. Delivery of Ammunition Following DES Submission.

(a) If the Department approves an ammunition purchase or transfer as described by sections

4302, 4303 or 4305 of these regulations, the DES transaction record will change from
“Pending” to “Approved.”

(b) Ammunition may be delivered to the purchaser or transferee only if the status of the
DES transaction record is “Approved.”

(c) At the time of delivery, the ammunition vendor COE holder, authorized associate, or
salesperson shall do the following:

(1) Require the purchaser or transferee to provide an identification document that

meets the requirements of Penal Code section 16300, to verify that the person who is
receiving delivery of the ammunition is the person authorized to purchase ammunition.

(2) Access the approved DES ammunition transaction by the name of the purchaser
or transferee, and submit the ammunition sale information required by Penal Code
section 30352, subdivision (a).

Note: Authority cited: Sections 30352 and 30370, Penal Code. Reference: Sections 30352 and
30370, Penal Code.

§ 4309. Billing, Payment, and Suspension for Non-Payment.

(a) Monthly billing statements for the previous month's ammunition eligibility check and
COE verification activity will be delivered electronically via DES to the ammunition vendor’s
account on the first day of each month.

(b) Payment shall be made using a major credit card or debit card. The balance due as
indicated on the monthly billing statement shall be paid in full within 30 days of the billing
statement date.

(c) If payment for the previous month's ammunition eligibility check and COE verification
activity is not made within 30 days, the ammunition vendor’s access (including all COE holders
and employees) to DES will be suspended until full payment for the past due amount is
received.

(d) While suspended, an ammunition vendor will be unable to process or conduct an

ammunition purchase or transfer but will maintain their status as a licensed ammunition vendor.

Note: Authority cited: Section 30370, Penal Code. Reference: Sections 30370, 30385, 30390
and 30395, Penal Code.

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EXHIBIT 14

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State of California
Office of Administrative Law
In re: NOTICE OFAPPROVAL OF REGULATORY
Department of Justice ACTION

Regulatory Action:
Government Code Section 11349.3
Title 11, California Code of Regulations

Adopt sections: 4300, 4301, 4302, 4303, OAL Matter Number: 2019-0517-07
4304,4305,4306,4307,
4308,4309
OAL Matter Type: Regular (S)

This action establishes regulations governing the sale or transfer of ammunition in

California. ·

OAL approves this regulatory action pursuc1.ntto section 11349.3 of the Government
Code. This regulatory action becomes effective on June 24, 2019, pursuant to section
11343.4(b)(3) of the Government Code. ·

Date: June 24, 2019

Senior Attorney

For: Holly Pearson

Acting Director

Original: Xavier Becerra , Attorney

General
Copy: Kelan Lowney

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EXHIBIT 15

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Notice of Proposed Emergency Action

June 10, 2019

Pursuant to the requirements of Government Code section 11346.1, subdivision (a)(1), the
Department of Justice (Department) is providing notice of proposed emergency adoption of
regulations regarding Identification Requirements for Firearms and Ammunition Eligibility
Checks.

Submission of Comments
Government Code section 11346.1, subdivision (a)(2) requires that, at least five working days
prior to submission of the proposed emergency action to the Office of Administrative Law
(OAL), the adopting agency provide a notice of the proposed emergency action to every person
who has filed a request for notice of regulatory action with the agency.

The text of the proposed emergency regulations and the “Finding of Emergency” are posted on
the Department’s website at https://oag.ca.gov/firearms/regs.

The Department plans to file the emergency rulemaking package with OAL at least five working
days from the date at the top of this notice. After submission of the proposed emergency to the
OAL, the OAL shall allow interested persons five calendar days to submit comments on the
proposed emergency regulations as set forth in Government Code section 11349.6.

If you would like to comment on the proposed emergency regulation amendments or the Finding
of Emergency, your comments must conform to the following:

• In writing only;
• Contain a notation that the comment is for OAL consideration in connection with
proposed emergency regulations;
• Identify the topic of the emergency regulation, Identification Requirements for Firearms
and Ammunition Eligibility Checks; and,
• Received by both the Department and the OAL within five days of the Department’s
filing with OAL.

Responding to comments is strictly at the Department’s discretion.

Send comments simultaneously to:

Department of Justice Office of Administrative Law

Bureau of Firearms 300 Capitol Mall, Suite 1250
Attn: Jacqueline Dosch Sacramento, CA 95814
P.O. Box 160487
Sacramento, CA 95816

Or [email protected]

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Finding of Emergency
The Department of Justice (Department) finds that an emergency exists, and that the immediate
adoption of Chapter 4, of Division 5, of Title 11 is necessary to avoid serious harm to the public
peace, health, safety, or general welfare, within the meaning of Government Code section 11346.1.

Government Code section 11346.1, subdivision (a)(2), requires that at least five working days prior to
submission of the proposed emergency action to the Office of Administrative Law, the Department
provide a notice of this proposed action to every person who has filed a request for notice of regulatory
action with the agency. The Department will also post the proposed emergency regulation
amendments on its website and simultaneously disseminate notice of the proposed emergency action to
all persons who have filed a request for notice.

After submission of the proposed emergency regulation amendments to the Office of Administrative
Law, the Office of Administrative Law shall allow interested persons five calendar days to submit
comments on the proposed emergency regulation as set forth in Government Code section 11349.6. To
determine the Office of Administrative Law's five-day comment period, interested persons are
instructed to visit http://www.oal.ca.gov/.

Subject Matter of Proposed Regulation Amendments

Identification Requirements for Firearms and Ammunition Purchases and Eligibility Checks.

Regulation to Be Adopted

Title 11, section 4045.1.

Specific Facts Demonstrating the Need for Immediate Action

The Department is statutorily required to perform an eligibility check under state and federal law
for all firearms purchases in California. The Department is also statutorily required to perform an
eligibility check to determine eligibility to possess a firearm or ammunition under state and federal
law in numerous other contexts. Eligibility checks are also required for certificates of eligibility,
firearm ownership reports, law enforcement gun release applications, dangerous weapons
license/permit applications, entertainment firearms permit applications, as well as for peace officer
applicants, custodial officers, transportation officers, applicants to a basic course of training
certified by the Commission on Peace Officer Standards and Training that includes the carrying
and use of firearms, applicants for an explosives permit, and applicants for a permit to carry a
concealed weapon. Eligibility checks are required for ammunition sales (as of July 1, 2019).
Federal law prohibits certain categories of non-citizens from purchasing or possessing a firearm or
ammunition, including any alien who is “illegally or unlawfully in the United States.” (18 U.S.C.
§ 922 (d)(5)(A), (g)(5)(A).)

California law requires a prospective firearms purchaser to present “clear evidence of [the
purchaser’s] identity and age.” (Pen. Code, §§ 26815, subd. (c), 27540, subd. (c), 28215, subd.
(a)(1).) A valid California driver license or identification card satisfies this requirement. (Id.,
Page 1 of 9
Finding of Emergency
Title 11, Division 5, Chapter 4
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§ 16400.) California law also requires a prospective ammunitions purchaser to provide a driver
license or identification card. (Pen. Code, § 30352, subd. (a)(2).) Before recent changes in the
law, an applicant for a California driver license or identification card had to show to the
Department of Motor Vehicles proof of lawful presence in the United States during the application
process. (Cal. Code Regs., tit. 13, § 15.00.)

In 2013, California passed Assembly Bill (AB) 60, the Safe and Responsible Driver’s Act, creating
a driver license program for individuals who could not provide proof of lawful presence in the
United States. (Stats. 2013, Ch. 524.) AB 60 became effective in 2015 and allows individuals to
apply for a driver license or identification card in California regardless of their immigration status
and without providing proof of lawful presence in the United States. AB 60 driver licenses and
identification cards were distinguishable from regular California driver licenses and identification
cards, by the notation “FEDERAL LIMITS APPLY” imprinted on the front. After the AB 60
licenses and identification cards became available, the Federal Bureau of Alcohol, Tobacco,
Firearms and Explosives (ATF) issued guidance to firearm dealers stating that because the AB 60
driver license or identification card “is only issued to a person who cannot provide proof of lawful
presence in the United States,” there is “reasonable cause to believe a potential transferee in
possession of an AB [60] driver license is illegally or unlawfully in the United States and
prohibited from receiving or possessing firearms or ammunition. As such, you may not transfer
firearms or ammunition to the person. . . .” (“Open Letter to All California Federal Firearm
Licensees,” June 30, 2016.)

At the beginning of 2018, California began issuing driver licenses and identification cards in
accordance with the federal REAL ID Act. Passed by Congress in 2005, the REAL ID Act enacted
the 9/11 Commission’s recommendation that federal government set standards for the issuance of
sources of identification. Obtaining a REAL ID version of a driver license or identification card is
optional. However, after October 1, 2020, California residents will need to have a REAL ID-
compliant driver license or identification card (or another REAL ID-compliant identification, such
as a passport), rather than a regular California driver license or identification card, to board a
domestic flight or enter secure federal facilities. In 2018, the Department of Motor Vehicles began
offering two types of identification—a federal compliant REAL ID driver license/identification
card, and a federal non-compliant California driver license/identification card. The federal non-
compliant California driver licenses and identification cards with the words “FEDERAL LIMITS
APPLY” on the front are issued to both: (1) individuals applying under AB 60; and (2) individuals
who are able to submit satisfactory proof that their presence in the United States is authorized
under federal law, but choose not to apply for a “REAL ID” driver license or identification card.
The AB 60 driver license/identification card is no longer distinguishable from a regular California
driver license/identification card. It is thus unclear whether a person with a federal non-compliant
California driver license or identification card is eligible to purchase a firearm under federal law,
because that person was not necessarily required to submit satisfactory proof of lawful presence in
the United States. Because of this change, ATF rescinded the June 30, 2016 open letter, by
removing the letter from its website.

At the end of 2018, California passed another law, Senate Bill (SB) 244, affecting AB 60 driver
licenses and identification cards, which went into effect on January 1, 2019. (Stats. 2018, Ch.
885.) That law prohibits AB 60 driver licenses and identification cards—those issued to persons
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who were not required to submit satisfactory proof of lawful presence in the United States—from
being used as evidence of an individual’s citizenship or immigration status for any purpose. (Veh.
Code § 12801.9, subd. (l).) Because AB 60 driver licenses and identification cards are
indistinguishable from other federal non-compliant California driver licenses and identification
cards issued to individuals who have provided satisfactory proof of lawful presence in the United
States, neither form of identification may be used to determine an individual’s eligibility to
purchase a firearm.

As set forth above, there have been significant changes recently to California driver licenses and
identification cards, as well as to California law governing their use as evidence of citizenship or
immigration status. These changes have affected the eligibility check process and have left firearm
dealers and ammunition vendors, as well as law enforcement agencies, unable to rely on federal
non-compliant licenses when determining whether a prospective purchaser or applicant is
permitted to possess a firearm or ammunition, consistent with state and federal law.

Failure to act may result in significant public harm. The Department is concerned that firearm
dealers and ammunition vendors may inadvertently sell firearms or ammunition to individuals who
are not eligible under federal law because they are not lawfully present in the United States.

The result is widespread confusion for firearm dealers, law enforcement agencies, and the public.
Current regulations do not address the recent changes to California law regarding California driver
licenses and identification cards. Some firearm dealers have declined to sell firearms to persons
who only have a federal non-compliant license or identification card without proof of lawful
presence in the United States. But the Department has no way of knowing whether all firearm
dealers follow the same protocol. Before the passage of SB 244, the National Rifle Association
had advised firearm dealers to ask for additional information at their discretion if the dealer had
“cause to believe the individual using one of these licenses may be prohibited from possessing
firearms.” (National Rifle Association Institute for Legislative Action, “California Special Alert:
Update Regarding Use of Non-REAL IDs for Firearm Purchases,” March 22, 2018.)

This confusion has had a negative financial impact on 1800 firearm dealers and their employees
throughout the state, and will negatively impact 250 ammunition vendors (as of July 1, 2019).
Also, firearm dealers that require additional documentation may lose business to those that do not
require any additional documentation. This confusion also increases the risk that firearms or
ammunition will be inadvertently sold to persons who are not eligible to make such purchases
under federal law.

This emergency regulation is necessary to secure the eligibility check process, and to assist firearm
dealers and ammunition vendors, as well as law enforcement agencies, to obtain sufficient
information that will allow for an accurate determination of whether a prospective purchaser or
applicant is permitted to possess firearms or ammunition, consistent with federal law.

Explanation of Failure to Adopt Nonemergency Regulations

After the passage of SB 244 in September 2018, the Department issued guidance to firearm dealers
suggesting that they consider asking prospective purchasers with federal non-compliant driver
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licenses or identification cards for additional documentation establishing lawful presence in the
United States. The Department also issued a consumer alert to California residents with a federal
non-compliant license or identification that a firearm dealer may require additional documentation
for firearm purchases.

But the guidance issued by the Department is voluntary and not all firearm dealers follow the
guidance. After six months the Department has determined that the guidance is not sufficient to
address the threat to public harm resulting from changes in California law relating to California
driver licenses and identification cards.

Technical, Theoretical, and Empirical Study, Report, or Similar Document, Upon Which the
Department Relied

National Rifle Association Institute for Legislative Action, “California Special Alert: Update
Regarding Use of Non-REAL IDs for Firearm Purchases,” March 22, 2018.

U.S. Department of Justice, Bureau of Alcohol, Tobacco, Firearms and Explosives, “Open Letter
to All California Federal Firearms Licensees,” June 30, 2018.

Authority and Reference Citations

Authority: Sections 28060, 28100, 28155, 28215, and 28220, Penal Code.

Reference: Sections 832.15, 832.16, 13511.5, 16400, 18900, 18905, 23000, 26150, 26155,
26170, 26710, 26815, 27540, 27560, 27565, 27875, 27920, 27966, 28000, 28160,
28215, 28220, 28250, 29182, 29500, 30105, 30370, 31000, 31005, 32650, 32655,
32700, 32705, 32710, 32715, 33300, 33305, and 33850, Penal Code; Section
12101, Health & Safety Code; 18 U.S.C. § 922(d) and (g); and Title 27, Part
178.32, Code of Federal Regulations.

Informative Digest/Policy Statement Overview

Penal Code section 28060 authorizes the Department to adopt regulations to allow the seller or
transferor of a firearm or the person loaning the firearm, and the purchaser or transferee of a
firearm or the person being loaned the firearm, to complete a sale, loan, or transfer through a
firearm dealer. Penal Code section 28220 requires the Department to examine its records to
determine if a purchaser or transferee is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm. Penal Code section 30370 requires the Department to
approve the purchase or transfer of ammunition through a vendor to individuals who are not
prohibited, and authorizes the Department to write regulations regarding this process. Further, the
United States Code, Title 18, section 922, subdivisions (d) and (g), and the Code of Federal
Regulations, Title 27, section 478.99, subdivision (c)(5) provide that an alien illegally or
unlawfully in the United States is prohibited from owning or possessing firearms or ammunition.

The only way for the Department to fulfill its statutory obligation to determine that an individual is
not prohibited from purchasing or possessing firearms or ammunition is through this emergency
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rulemaking. This regulation is also imperative for firearm dealers and ammunition vendors to
determine that an individual is not prohibited. If this regulation does not become effective by July
1, 2019, there will be continued uncertainty regarding firearms and ammunition sales in California
for which the purchaser presents a federal non-compliant driver license or identification card, as
well as continued uncertainty regarding eligibility checks involving federal non-compliant driver
licenses and identification cards. This uncertainty increases the risk that firearms and ammunition
will fall into the hands of individuals who are prohibited by either state or federal law, creating an
imminent threat to the public safety and general welfare of California residents.

The Department has determined that this proposed regulation is not inconsistent or incompatible
with existing state regulations which do not address the possibility that persons without lawful
presence in the United States could hold a validly issued California driver license or identification
card.

§ 4045.1. Additional Documentation Requirements for Eligibility Checks.

This section describes “eligibility checks” as background checks based on any application or report
for which an applicant is required to submit a driver license or identification card, or the number of
a driver license or identification card, so that the Department may determine whether the applicant
is eligible to possess a firearm or ammunition. California law requires eligibility checks in
multiple contexts. This section is necessary to capture all eligibility checks required under
California law. Furthermore, this section establishes guidelines regarding how copies of the driver
licenses or identification cards and proof of lawful presence in the United States shall be retained
by law enforcement agencies, firearm dealers, ammunition vendors, or submitted by the applicant.

Subdivision (a) states the basic requirement that when submitting any application or report for
which an applicant is required to submit a driver license or identification card, or the number from
a driver license or identification card, a copy of the applicant’s driver license or identification card
shall also be submitted. This subdivision is necessary to inform applicants that a copy of the
applicant’s driver license or identification card is required as part of the application or report.

Subdivision (b) establishes that if the applicant presents a federal non-compliant California driver
license or identification card with the notation “FEDERAL LIMITS APPLY” on the front, instead
of a REAL ID, the applicant shall also submit proof of lawful presence in the United States. In
addition, this subdivision establishes the forms of acceptable proof of lawful presence in the
United States. This subdivision is necessary so that individuals with a federal non-compliant
California driver license or identification card will know what additional document(s) they need to
provide the Department when undergoing an eligibility check to purchase a firearm or
ammunition.

Subdivision (c) addresses name mismatches. If the name on the driver license or identification
card does not match the name on the document submitted in accordance with subdivision (b), the
applicant must provide additional documentation as to the name change. The acceptable types of
documentation are listed. This subdivision is necessary because it is common, whether due to
marriage, divorce, or some other circumstance, that an individual’s name may not match their birth
certificate, passport, or other document listed in subdivision (b).

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Subdivision (d) describes eligibility checks initiated by applications or reports submitted to the
Department in a paper format and establishes how an individual shall prove lawful presence in the
United States when using a paper form. These forms have been updated and are incorporated by
reference, as it would be cumbersome, unduly expensive, or otherwise impractical to publish all of
the forms listed in their entirety in the California Code of Regulations. This section is necessary to
identify all the paper applications and reports that will be affected by the regulation.

Under Penal Code section 27560, subdivision (a), the “New Resident Report of Firearm
Ownership,” form BOF 4010A is used by individuals who are moving into California and wish to
bring all of their California-legal firearms with them. These individuals must report the firearm(s)
to the Department. The Department revised this form to indicate what fields are mandatory, so the
applicant will complete the form and it will not be returned without processing. The Firearm(s)
Information section was revised to provide more options when reporting firearms and explains
what the additional options are. This was necessary so an applicant can better describe the firearm,
and so the Department will have a better understanding of the type of firearm the applicant is
reporting. In addition, language was added regarding the document(s) that should be included if
the applicant has a “FEDERAL LIMITS APPLY” driver license or identification card and not a
REAL ID. This was necessary so an individual will know what document(s) to include preventing
the form from being returned without processing.

Under Penal Code section 28000, the “Firearm Ownership Report,” form BOF 4542A is used by
individuals who wish to report firearm ownership to the Department. The Department revised this
form to change the name from “Firearm Ownership Record” to “Firearm Ownership Report.” The
new name for this report is better suited as it is an optional form and dependent upon an owner
choosing to report their firearm(s). The form was revised to indicate what fields are mandatory, so
the applicant will complete the form and it will not be returned without processing. The Firearm(s)
Information section was revised to provide more options when reporting firearms and explains
what the additional options are. This was necessary so the applicant can better describe the
firearm, and so the Department will have a better understanding of the type of firearm the applicant
is reporting. In addition, language was added regarding the document(s) that should be included if
the applicant has a “FEDERAL LIMITS APPLY” driver license or identification card and not a
REAL ID. This was necessary so an individual will know what document(s) to include preventing
the form from being returned without processing.

Under Penal Code section 27565, the “Curio or Relic Firearm Report,” form BOF 4100A, is used
by individuals who must report their out-of-state purchase of a curio or relic firearm. The
Department revised this form to indicate what fields are mandatory, so the applicant will complete
the form and it will not be returned without processing. The Firearm(s) Information section was
revised to provide more options when reporting firearms and explains what the additional options
are. This was necessary so the applicant can better describe the firearm, and so the Department
will have a better understating of the type of firearm the applicant is reporting. In addition,
language was added regarding the document(s) that should be included if the applicant has a
“FEDERAL LIMITS APPLY” driver license or identification card and not a REAL ID. This was
necessary so an individual will know what document(s) to include preventing the form from being
returned without processing.

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Under Penal Code section 27966, the “Collector In-State Acquisition of Curio or Relic Long Gun
Report,” form BOF 961 is used by individuals who must report their in-state acquisition of a curio
or relic firearm. The Department revised this form to indicate what fields are mandatory, so the
applicant will complete the form and it will not be returned without processing. The Firearm(s)
Information section was revised to provide more options when reporting firearms and explains
what the additional options are. This was necessary so the applicant can better describe the
firearm, and so the Department will have a better understanding of the type of firearm the applicant
is reporting. In addition, language was added regarding the document(s) that should be included if
the applicant has a “FEDERAL LIMITS APPLY” driver license or identification card and not a
REAL ID. This was necessary so an individual will know what document(s) to include preventing
the form from being returned without processing.

Under Penal Code sections 27875 and 27920, the “Report of Operation of Law or Intra-Familial
Transaction,” form BOF 4544A is used by individuals who must report the possession of a firearm
by operation of law, or the transfer of a firearm to a family member (Intra-Familial transfer). The
Department revised this form to indicate what fields are mandatory, so the applicant will complete
the form and it will not be returned without processing. The Firearm(s) Information section was
revised to provide more options when reporting firearms and explains what the additional options
are. This was necessary so an applicant can better describe the firearm, and so the Department will
have a better understanding of the type of firearm the applicant is reporting. In addition, language
was added regarding the document(s) that should be included if the applicant has a “FEDERAL
LIMITS APPLY” driver license or identification card and not a REAL ID. This was necessary so
an individual will know what document(s) to include preventing the form from being returned
without processing.

Under various Penal Code statutes, the “Dangerous Weapons License/Permit(s) Application,” form
BOF 030, and the “Dangerous Weapons License/Permit(s) Renewal Application,” form BOF 031,
are used by individuals who wish to apply for or renew a dangerous weapons license of permit.
The Department revised these forms to add language regarding the document(s) that should be
included if the applicant has a “FEDERAL LIMITS APPLY” driver license or identification card
and not a REAL ID. This was necessary so an individual will know what document(s) to include
preventing the form from being returned without processing.

Subdivision (e) describes the eligibility checks initiated by applications and reports submitted
electronically through the Department’s California Firearms Application Reporting System
(CFARS). This subdivision also indicates what forms to upload in CFARS to prove lawful
presence in the United States. This subdivision is necessary to identify the forms that may be
submitted electronically through CFARS.

Subdivision (f) describes the eligibility checks initiated by applications or reports submitted
electronically through the Department’s Dealer Record of Sale (DROS) Entry System. This
subdivision also indicates what documentation an individual shall provide through the DROS
Entry System to prove lawful residence in the United States. This subdivision is necessary to
identify the forms that may be submitted electronically through the DROS Entry System.

Subdivision (g) addresses eligibility checks initiated by applications or reports submitted to other
agencies that include fingerprint data to be used by the Department in order to determine whether
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an individual is eligible to possess a firearm or ammunition under state or federal law. This
subdivision is necessary to inform other government agencies of what the Department has
determined is acceptable documentation to prove lawful presence in the United States.

Forms Incorporated by Reference

Form BOF 030 (Rev. 05/2019), Dangerous Weapons License/Permit(s) Application

Form BOF 031 (Rev. 05/2019), Dangerous Weapons License/Permit(s) Renewal Application

Form BOF 961 (Rev. 05/2019), Collector In-State Acquisition of Curio or Relic Long Gun Report

Form BOF 4010A (Rev. 05/2019), New Resident Report of Firearm Ownership

Form BOF 4100A (Rev. 05/2019), Curio or Relic Firearm Report

Form BOF 4542A (Rev. 05/2019), Firearm Ownership Report

Form BOF 4544A (Rev. 05/2019), Report of Operation of Law or Intra-Familial Firearm
Transaction

Mandate on Local Agencies or School Districts

The Department has determined the proposed emergency regulation does not impose a mandate or
a mandate requiring reimbursement by the State pursuant to Part 7 (commencing with Section
17500) of Division 4 of the Government Code. It will not require local agencies or school districts
to incur additional costs in order to comply with the proposed emergency regulations.

Duplication of State Statutes as Necessary to Satisfy Government Code Section 11349.1(a)(3)

To satisfy the requirements of Government Code section 11349.1(a)(6), the text of the proposed
regulations are non-duplicative.

Other Matters Prescribed by Statute Applicable to the Agency or to Any Specific Regulation
or Class of Regulations

None.

Fiscal Impacts

The Department has assessed the potential for significant adverse impact that might result from the
proposed emergency action and has determined:

• There will be no non-discretionary costs or savings to local agencies

• There will be no costs to school districts
• There will be no costs or savings in federal funding to the State
As detailed on the attachment to the Economic and Fiscal Impact Statement (STD 399), the
Department estimates its costs (state agency) directly related to the additional documentation
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requirements relating to “FEDERAL LIMITS APPLY” driver licenses or identification cards will
be insignificant.

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EXHIBIT 17

323
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STATEOFCAL.F
FORNtA - DEPARTMENTOFF NANCE
ECONOMIC AND FISCAL IMPACT STATEMENT
(REGULATIONS AND ORDERS)
STD, 399(REV. 12/20131
ECONOMIC
IMPACTSTATEMENT
DEPARTMENT
NAME CONTACTPERSON EMAILADDRESS TELEPHONE
NUMBER
Justice Jacqueline Dosch [email protected] 916-227-7614
DESCIIIPTIVETmE
FROMNOTICEREGISTER
ORFORM400 NOTICf AU: NUMBER
Identification Requirements for Ffrearms and Ammunition Eligibility Checks z
A. ESTIMATED
PRIVATE COSTIMPACTSIncludecafcu/atlonsand assumptions
SECTOR in the rulemakingrecord.

1. Checkthe appropriate box(es)below to Indicatewhether this regulation:

D a. Impactsbusiness and/or employees D
e. Imposes reporting requirements
D b. Impactssmall businesses D f. Imposes prescriptiveInsteadof performance
D c. Impactsjobs or occupations D g. Impacts indlvlduals
D d. ImpactsCallfornlacompetitiveness 181
h. None of the above (Explatn below):
The proposed regulations specify the documentation used to identify
y ourself when subm ittin g a form or apl)'lication that is alread y in reg ulation.
If a11ybox i11Items 1 a tl,ror,gl,g is checked, completetlris Eco11omicImpact Stateme,rt.
If box in Item J.J,.is checked, complete tl,e Fiscal Impact Stateme11tas appropriate.
Department of Justice
2. The ----""'TT--.,.,..---.----- estimates that the economic Impactofthls regulatlon (whichincludes the fiscalImpact) Is:
(Agency/Department)
181
Below$1O million
D Between$1Oand $25 mill[on
D Between$25 and $50 million
D Over $50 mllllon[If theeconomicimpact ls over$50million, agenciesare requiredto submita Stam!atdJud
R~ullfto,ytmJ!oaAssemm:m
asspecifiedIn GovernmentCodeSection11346.3(c}
J

3. Enterthe total number of businessesImpacted: 0

Describethe types of businesses (Includenonprofits};N/A

Enterthe number or percentage of total

--------------------------------
businesses Impacted that are small businesses: N/A
-------
4. Enterthe number of businesses that willbe created: 0 eliminated: 0
------- -------
Explain: This reg ulation e ackage only specifies the documentation used to p rove lawful p resence in the United States.

5. Indlcatethe geographic extent of Impacts: 181

Statewide

0 Localor regional(Listareas):--------------------
6. Enterthe number of jobs created: 0 and eliminated; 0
------- --------
NIA
Describethe types of jobs or occupations Impacted;
---------------------------------
7. WIii the regulation affect the ablllty of Callfornla businesses to compete with
other states by making it more costlyto produce goods or services here1 O YES 181
NO

IfYES
, explain briefly:

PAGet

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STATE OF CALIFORNIA- DEPARTMENT OF FINANCE

ECONOMIC AND FISCAL IMPACT STATEMENT

(REGULATIONS AND ORDERS)
STD. 399 (REV. 12/2013)
ECONOMIC IMPACT STATEMENT (CONTINUED)
B. ESTIMATED COSTS Include calculati ons and assumptions in the rulemaking record.

1. What are t he total stat ew id e dollar costs th at businesses and indi viduals m ay incur to comp ly w ith this regul ation over its lifet im e? S N/ A
---- -----
a. Initi al costs for a sma ll business : SN/ A A nnu al ongo in g costs: SN/ A Years: N/ A
---------- -- ------ --- - -
b. Initi al costs for a typical busin ess: SN/ A Ann ual ongo in g costs: SN/ A Years: N/ A
---~-
c. Initial costs for an individual : sN/A Ann ual ongoing costs: S N/ A Years: N/ A
--- --
d . Describe other economic costs t hat ma/ occu r: N/A
------ --------------------- ------ ---

2. If multiple indu stries are impacted, enter the share of total costs fo r each in dustry: N/A
----------------- ---- -----

3. If the regulation imposes reporting requirements, enter the annu al costs a typica l business may incur t o comply w ith the se requirements.
Include the dollar costs to do programming , record keeping, reporting, and other paperw ork, whether or not the paperwork must be submitted . $NIA
--- ----
4. Will t hi s regulation directl y impact housin g costs? D YES [gj NO
If YES,enter th e annual do llar cost per hou sing unit : $____ _______ _

Numbe r of unit s:
5. Are there comparable Federal regula t ions? [gj YES
Explain the need for State regu lation given the existence or absence of Federal regu lation s: See Attachment A.
----- ----- -------------

Enter any addi t iona l costs to businesses and/o r individu als that may be due to State - Federal differences : S ----- ---- --

C. ESTIMATED BENEFITS Estimatio n of th e dollar value of benefits is not specifically required by rulema king law, but encouraged.

1. Briefly summ arize th e benefits of the regulation, w hich may in clude among others , the
health and we lfa re of Californi a residents , wo rker safety and the State's env iron m ent: These regulations are beneficial because they inform

California citizen s what types of identification may be used to prove lawful presence in the United States when

establishing eligibility to possess or purchase firearms or ammunition.

2. Are the benefits the result of: [g] specific statutory requi rem ents, or D goa ls developed by the agency based on br oad st atutory authority?

Explain: Federal law require s individuals to have a lawful presence in the U.S. in order to possess a firearm or ammunition.

3. What are the total statew ide benefit s from this reg ulatio n ove r it s lifetime? SUnknown
-- ----------
4. Briefly describe any expansion of businesses currentl y d oin g business wi thin the State of California that wou ld result from thi s regu lati on:
- -------

D. ALTERNATIVES TO THE REGULATION Include calculations and assumptions in the rulemaking record. Estimat ion of the dollar value of benefits is not
specifically requi red by rulemaking law, but encou raged.

1. List alt ern atives conside red and describe them below. If no alternati ves were conside red, exp lain w hy not: No alternatives were considered

because there are only a few specific ways in which to identify yourself as having a lawful presence in the United States.

PAGE2
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STATE OF CALIFO RNIA -DE PARTMENT OF FINANCE

ECONOMIC AND FISCAL IMPACT STATEMENT

(REGULATIONS AND ORDERS)
STD. 399 {REV. 1212013)

ECONOMIC IMPACT STATEMENT (CONTINUED)

2. Summarize the tota l statewide costs and benefits from this regulation and each alternative considered:

Regulation: Benefit: S__ U_n_k_n

__ow_n__ Cost: s Unknown

Alternative 1: Benefit: S
---- Unknown
---- Cost: s Unknown
Alternative 2: Benefit: S Unknown Cost: s Unknown
------ --
3. Brieflydiscuss any quantification issues that are relevant to a comparison
of estimated costs and benefits for this reg ulation or alternatives: _U_n_k_n_o_w_n_____ _________ __ _________ _

4. Rulemaking law requires agencies to consider perform ance standa rds as an a lternative, if a
regu latio n mandate s the use of specific technologies or equipmen t, or pre scribe s spec ific
actions or procedures . Were performance standards considered to lower compliance costs? D YES [8j NO

Explain:------ ------------------- - --------- -- ------------ ----

E. MAJOR REGULATIONS Include calculations and assumptions in the rulemaking record.

California En vironm ental Protection Agency (Cal/EPA) boards, offices and departments are required to
submit thefo /10111
ing (per Health and Safety Code section 57005). Otherwise, skip to E4.
1. Willthe estimated costs of this regulation to California business enterprises exceed $10 million ?O YES [8j NO
If YES, comp lete E2. and EJ
If NO, skip to E4
2. Brieflydescribe eac h alternative , or combinati on of alternat ives, for which a cost-effectiveness analysis was performed:
Alternative 1:
------ --- ----- -- ---- - --- ---------------------------
AIt e rn at ive 2:
----- ------------------ - ------ ---------------------
(Attach additional pages for other alternatives)

3. For the regulation, and each alternative just described, ente r the est imated total cost and overai'I cost-effectiveness ratio:
Regulation: Total Cost S ____ ____ ___ _ Cost-effectiveness ratio: S
------------
Alternative 1: Total Cost S Cost-effectivenes s ratio: S
-------- ----
AIte rnat ive 2: Total Cost S Cost-effectiveness ratio: S
----- ---- --- ------ ------
4. Will the regulation subject to OALreview have an estimated economic impact to busine ss enterprises and individuals located in or doing business in California
exceeding $50 million in any 12-mo nth period between the date the major regulat ion is estimated to be filed with the Secretary of State through 12 months
afte r the major regulation is estimated to be fully implemented?
DYES [8j NO
, agenciesare required to submit a Standardized
If YES RegulatoryImpactAssessment fSR/A}
as specifiedin
GovernmentCodeSection 11346.3(c)and to include the SR/Ain the Initial Statement of Reasons.

5. Brieflydescribe the following:

The increase or decrea se of investment in the State:
----------- ------ ---------------------

The incentive for innovation in products, materials or processes :

--- -------- -- -- ------- -- - --------
The benefits of the regulations, including, but not limited to, benefits to the hea lth, safety, and welfare of California
residents, wo rker safety, and the state's environment and qua lity of life, among any other benefits identified by the agency:---------- --

326
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STATEOF CALIFORNIA- DEPARTMENT
OF FINANCE
ECONOMIC AND FISCAL IMPACT STATEMENT
(REGULATIONS AND ORDERS)
STD.399 (REV.12/2013)
FISCAL IMPACT STATEMENT
A. FISCALEFFECTON LOCALGOVERNMENTIndicateappropriateboxes1through 6 and attach calculationsand assumptionsof fiscalimpact for the
current year and two subsequentFiscalYears. ·

D 1. Additionalexpenditures In the current State FiscalYearwhich are reimbursable by the State. (Approximate)
(Pursuant to Section 6 of ArticleXIIIBof the CaliforniaConstitution and Sections 17500 et seq. of the Government Code).

$
---------------
D a. Funding provided in
Budget Actof________ _ or Chapter______ , Statutes of______ _

D b. Funding willbe requested in the Governor'sBudget Actof

FiscalYear:
--------
D 2. Additionalexpenditures in the current State FiscalYearwhich are NOTreimbursable by the State. (Approximate)
(Pursuantto Section 6 of ArticleXIIIBof the CaliforniaConstitution and Sections 17500et seq. of the Government Code).

$
Checkreason(s)this regulationIsnot reimbursableandprovide the appropriateinformation:

D a. Implements the Federal mandate contained in

D b. Implements the court mandate set forth by the Court.

Case of:------------------ vs. __ ______________

.__ _
D c. Implements a mandate of the people of this State expressed in their approval of Proposition No.
Date of Election:
------------------
D d. Issued only in response to a specificrequest from affected localentity(s).
Localentity(s)affected=-------------------------------------

D e. Willbe fullyfinanced from the fees, revenue, etc. from:

Autho.rizedby Section:___________ ofthe -------------- Code;

D f. Providesfor savings to each affected unit of localgovernment which will,at a minimum,offset any additional costs to each;
D g. Creates,eliminates,or changes the penalty for a new crime or infractioncontained In
D 3. AnnualSavings.(approximate)
$

D 4. Noadditionalcosts or savings.Thisregulationmakesonlytechnical,non-substantiveor clarifyingchanges to current lawregulations.

(gJ S. Nofiscalimpact exists. Thisregulationdoes not affectany localentity or program.

D 6. Other. Explain

327
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 Case 3:18-cv-00802-BEN-JLB Document 33-1 Filed 07/22/19 PageID.930 Page 208 of 358
STATE OF CALIFORNIA - DEPART MENT OF FINANCE

ECONOMIC AND FISCAL IMPACT STATEMENT

(REGULATIONS AND ORDERS)
STD. 399 (REV. 12/20 13)

FISCAL IMP ACT ST A TEMENT (CONTINUED)

B. FISCAL EFFECT ON STATE GOV ERNMENT Indicate appropriate boxes 1 through 4 and attach calculations and assumptions of fiscal impact for the current
year and two subsequentFiscal Years.

D 1. Additi onal expenditures in the curren t Stat e Fiscal Year. (Appro ximat e)

s ------- - --- -- - -
It is anticipated that State agencieswill:

D a. Ab sorb th ese additional co st s w ith in th eir existing budg ets and resources.
D b. Increase th e current ly authoriz ed budg et level for th e Fiscal Year
- -- - - - ---
D 2. Savings in t he current State Fiscal Year. (App roximate)

s - -- - -- - - - - - -
(8] 3. No fiscal imp act exists. This regul ation does not affect any State agency or prog ram.

D 4. Other. Explain

C. FISCAL EFFECT ON FED ERAL FUND ING OF STATE PROGRAMS Indicate appropriate boxes 1 through 4 and attach calculations and assumpti ons of fiscal
impact for the current year and two subsequent FiscalYears.

D 1. Additional expenditur es in th e curr ent Stat e Fiscal Year. (Appro ximat e)

$ _ ___ _ _ _ _ _ ___ _ _ _

D 2. Savi ngs in t he current State Fiscal Year. (Approx imate)

s
[8] 3. No fiscal imp act exists. This regulati on do es not affect any federally fund ed State agency or program .

D 4. Oth er. Explain

The sign e cy has completed the STD. 399 according to the instructions in SAM sections 601- 6 16, and understands
the imp acts of the proposed n emaking. State boards, offices, or departments not under an Agency Secretary must have the fo rm signed by the
hi hest rankin o 1cial in the or aniza tion.
DATE

(; /l -' I9
ppr oval and signature is required when SAM sections 6601-66 16 require comp letion of Fiscal Impact Statement in the STD. 399.
DEPARTMENT
OF FINANCEPROGRAMBUDGETMANAGER DATE

328
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Case 3:18-cv-00802-BEN-JLB Document 33-1 Filed 07/22/19 PageID.931 Page 209 of 358

Economic and Fiscal Impact Statement (Std. 399)

Attachment A

Section B. Estimated Costs

5. Are there comparable Federal regulations? Yes.

Per the Code of Federal Regulations, Title 27 section 478.99 subdivision (c)(5), an alien
illegally or unlawfully in the United States is prohibited from owning or possessing firearms or
ammunition. Federal regulations explain who is prohibited from what activities. The
Department's regulation is necessary to explain the process of how the Department will
determine if an individual is prohibited (i.e. does not have lawful presence in the United States).
In addition, it clarifies what documentation an individual shall provide to prove they have lawful
presence in the United States if they possess a driver license or identification card that states,
"FEDERAL LIMITS APPLY."

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EXHIBIT 18

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Text of Emergency Regulations

Title 11, Division 5
Chapter 4. Evidence of Residency Documentation Documentation Requirements for
Firearms and Ammunition Eligibility Checks

Article 1. Evidence of Residency Documentation

§ 4045. Definitions and Requirements

Article 2. Additional Documentation Requirements

§ 4045.1. Additional Documentation Requirements for Eligibility Checks with Federal Non-
Compliant California Driver License or Identification Card.

This section applies to all firearms and ammunition eligibility checks, including any eligibility
check described in Division 5. For the purposes of this section, “eligibility checks” refers to
background checks based on any application or report for which an applicant is required to
submit a driver license or identification card, or the number from a driver license or
identification card, so that the Department of Justice may determine the applicant’s eligibility to
possess a firearm or ammunition under state or federal law.

(a) For all eligibility checks, a copy of the applicant’s California driver license or
identification card, or out-of-state driver license, if applicable, shall be submitted, as
specified in subdivisions (d) through (g).

(b) For all eligibility checks, if the applicant presents a federal non-compliant California
driver license or identification card with the notation “FEDERAL LIMITS APPLY” on
the front, the applicant shall also submit proof of lawful presence in the United States, as
specified in subdivisions (d) through (g), in the form of one of the following documents:

(1) Valid, unexpired U.S. passport or passport card.

(2) Certified copy of U.S. birth certificate.

(3) U.S. Certificate or Consular Report of Birth Abroad of a U.S. Citizen.

(4) Valid, unexpired foreign passport with valid U.S. immigrant visa and approved
Record of Arrival/Departure (I-94) form.

(5) Certified copy of birth certificate from a U.S. Territory.

(6) Certificate of Naturalization or U.S. Citizenship.

(7) Valid, unexpired Permanent Resident Card.

Page 1 of 5

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(c) For all eligibility checks, if the applicant’s name as it appears on the federal non-
compliant California driver license or identification card differs from the name on the
proof of lawful presence document submitted in accordance with subdivision (b), the
applicant shall also submit, as specified in subdivisions (d) through (g), one of the
following certified documents:

(1) An adoption document that contains the legal name of the applicant as a result of the
adoption.

(2) A name change document that contains the applicant’s legal name both before and, as
a result of, the name change.

(3) A marriage certificate.

(4) A dissolution of marriage document that contains the legal name of the applicant as a
result of the court action.

(5) A certificate, declaration or registration document verifying the formation of a

domestic partnership.

(6) A dissolution of domestic partnership document that contains the legal name of the
applicant as a result of the court action.

(d) Applications or reports submitted in a paper format.

For eligibility checks based on an application or report submitted to the Department of

Justice in a paper format, the documents required in subdivisions (a) through (c) shall be
submitted along with the paper application. These applications and reports include:

(1) Certificate of Eligibility applications, pursuant to Penal Code section 26710.

(2) Firearm Ownership Reports, including the reports listed in section 4002 of Chapter 1
of this Division 5 and amended for purposes of this division as follows;

A. New Resident Report of Firearm Ownership, form BOF 4010A (Rev.

07/2017 05/2019), hereby incorporated by reference, pursuant to Penal
Code section 27560.
B. Firearm Ownership Report, form BOF 4542A (Rev. 07/2017 05/2019),
hereby incorporated by reference, pursuant to Penal Code section 28000.
C. Curio or Relic Firearm Report, form BOF 4100A (Rev. 07/2017 05/2019),
hereby incorporated by reference, pursuant to Penal Code section 27565.
D. Collector In-State Acquisition of Curio or Relic Long Gun Report, form
BOF 961 (Rev. 07/2017 05/2019), hereby incorporated by reference,
pursuant to Penal Code section 27966.
E. Report of Operation of Law or Intra-Familial Transaction, form BOF
4544A (Rev. 07/2017 05/2019), hereby incorporated by reference,
pursuant to Penal Code sections 27875 and 27920.

Page 2 of 5

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(3) The application forms referenced in section 4142 of Chapter 7 of this Division 5 and
amended for purposes of this division as follows: Dangerous Weapons License/Permit(s)
Application, form BOF 030 (Rev. 01/2012 05/2019), hereby incorporated by reference,
or Dangerous Weapons License/Permit(s) Renewal Application, form BOF 031 (Rev.
01/2012 05/2019), hereby incorporated by reference. These forms include options to
apply for the following licenses/permits:

A. Assault Weapon/.50 BMG Rifle Permit, pursuant to Penal Code sections

31000 and 31005.
B. Short-Barreled Shotgun/Rifle Permit, pursuant to Penal Code sections
33300 and 33305.
C. Destructive Device Permit, pursuant to Penal Code sections 18900 and
18905.
D. Machinegun Permit, pursuant to Penal Code sections 32650 and 32655.
E. Machinegun License, pursuant to Penal Code sections 32700 - 32715.

(e) Applications or reports submitted electronically via the California Firearms Application
Reporting System (CFARS).

For eligibility checks based on an application or report submitted to the Department of

Justice electronically via CFARS, the documents required in subdivisions (a) through (c)
shall be uploaded to CFARS as prompted during the application or reporting process.
These applications and reports include:

(1) Certificate of Eligibility applications, pursuant to Penal Code section 26710 and
Chapter 3 of this Division 5.

(2) Unique Serial Number Applications, pursuant to Penal Code section 29182 and
Chapter 41 of this Division 5.

(3) Firearm Ownership Reports, including:

A. New Resident Report of Firearm Ownership, pursuant to Penal Code

section 27560.
B. Firearm Ownership Report, pursuant to Penal Code section 28000.
C. Curio or Relic Firearm Report, pursuant to Penal Code section 27565.
D. Collector In-State Acquisition of Curio or Relic Long Gun Report, form
pursuant to Penal Code section 27966.
E. Report of Operation of Law or Intra-Familial Transaction, pursuant to
Penal Code sections 27875 and 27920.

(f) Applications or reports submitted electronically via the Dealer Record of Sale Entry
System (DES), including applications or reports submitted pursuant to Chapters 8 and 11
of this Division 5.

For eligibility checks based on applications or reports submitted to the Department of

Justice electronically via the DES, the firearm dealer or ammunition vendor shall
examine the applicant’s driver license or identification card. If the applicant’s California

Page 3 of 5

333
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driver license or identification card is federal non-compliant with the notation

“FEDERAL LIMITS APPLY” on the front, the firearm dealer or ammunition vendor
shall require the applicant to submit a copy of the document required in subdivision (b),
as well as a copy of the document required in subdivision (c) if applicable. These
applications and reports include:

(1) Application(s) to purchase a firearm. The firearm dealer shall confirm compliance
with this subdivision on DES, as necessary during the application or reporting
process. The firearm dealer shall keep a copy of the document(s) required in
subdivisions (a) through (c) as part of the permanent record of the transaction
described in Penal Code section 28215, subdivision (c).

(2) Applications to purchase ammunition, as described in Penal Code section 30370.

The firearm dealer or ammunition vendor shall confirm compliance with this
subdivision on DES, as necessary during the application or reporting process. The
firearm dealer or ammunition vendor shall keep a copy of the document(s) required in
subdivisions (a) through (c).

(g) Applications or reports submitted to other agencies that include fingerprint data to be
used by the Department of Justice to determine the applicant’s eligibility to possess a
firearm or ammunition under state or federal law.

For eligibility checks based on applications or reports submitted to other agencies that
include fingerprint data to be used by the Department of Justice to determine the
applicant’s eligibility to possess a firearm or ammunition under state or federal law, if the
applicant presents a federal non-compliant California driver license or identification card
with the notation “FEDERAL LIMITS APPLY” on the front, the agency shall require the
applicant to submit the documents required in subdivision (b), as well as the document
required in subdivision (c) if applicable. The agency shall keep a copy of the documents
required in subdivisions (a) through (c) as part of the permanent record of the application.
The Department of Justice may request a copy of the document(s) at a future date.
Applicants of these applications and reports include:

(1) Peace officer applicants, custodial officers, or transportation officers, pursuant to

Penal Code section 832.15.

(2) Peace officers, pursuant to Penal Code section 832.16.

(3) Applicants for admission to a basic course of training certified by the Commission on
Peace Officer Standards and Training that includes the carrying and use of firearms,
pursuant to Penal Code section 13511.5.

(4) Applicants for an explosives permit, pursuant to Health & Safety Code section 12101.

Note: Authority cited: Sections 28060, 28100, 28155, 28215, and 28220, Penal Code.
Reference: Sections 832.15, 832.16, 13511.5, 16400, 18900, 18905, 23000, 26150, 26155,
26170, 26710, 26815, 27540, 27560, 27565, 27875, 27920, 27966, 28000, 28160, 28215, 28220,
28250, 29182, 29500, 30105, 30370, 31000, 31005, 32650, 32655, 32700, 32705, 32710, 32715,

Page 4 of 5

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Case 3:18-cv-00802-BEN-JLB Document 33-1 Filed 07/22/19 PageID.937 Page 215 of 358

33300, 33305, and 33850, Penal Code; Section 12101, Health & Safety Code; Sections 922(d)
and (g), Title 18, United States Code; and Title 27, Part 178.32, Code of Federal Regulations.

Page 5 of 5

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EXHIBIT 19

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Home Rulemaking Underground Publications Laws Training About Search
Process Regulations OAL

Recent Actions On Emergency Regulations

Below are recent actions taken by OAL on emergency filings. Current emergency regulations
under consideration by OAL can be found on the Emergency Regulations Under Review page.
For information on older emergency filings, please contact the agency that submitted the
emergency or OAL at (916) 323-6225.
 

Show 100 entries Search:

California
Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2019- Department of CalWORKs Title MPP Kenneth Jennin

0624- Social Services Maximum Aid Phone: (916) 65
01EFP Payment (MAP) Amend 2586
Increase Sections 44-
207, 44-315, 89-
110

2019- Department of Medical Care Title 15 Julie Inderkum

0610- Corrections Phone: (916) 69
02EON and Adopted 0697
Rehabilitation Sections:
3999.100
through
3999.431 non-
consecutively

Amend
Sections:
3999.98,
3999.99,
3999.320

Repeal
Sections: 3352,
3352.1, 3355,
3355.2

2019- Department of Major League Sports Title 11, Susanne George

0620- Justice Ra le Program Phone: (916) 83
02EE Amend 9032
Sections: 2084,
2086, 2088,
2089, 2090,
2092, 2095,
2107

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California
Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2019- Department of Firearms: Title 11 Kamran Ali

0621- Justice Identifying Info - Phone: (916) 22
01EE Existing and New Amend 5419
California Residents Sections: 5505,
5507, 5509,
5510, 5511,
5513, 5514,
5516, 5517

2019- Fish and Game Special Order Title 14 Sherrie Fonbue

0618- Commission Regarding Take of Phone: (916) 65
03E Chinook Salmon Amend Section: 9866
7.50

2019- Department of Identification Title 11 Jacqueline Dos

0617- Justice Requirements for Adopt Section: Phone: (916) 22
04E Firearms and Ammo 4045.1 7614
Eligibility Checks Amend
Sections: 4002,
4142, 5478

2019- Board of Emergency Post-Fire Title 14, Amend Eric Hedge

0620- Forestry and Recovery for Lake Section: 1038.5 Phone: (916) 65
01EE Fire Protection Siskiyou, 9633
Mendocino, Shasta,
Trinity and Napa

2019- Department of LEAs Exempt from Title 5 Hillary Wirick

0617- Education Licensing Phone: (916) 31
01E Amend 0860
Sections:
18140, 18145,
18150, 18155,
18160, 18165

2019- Department of CalWORKs Title MPP Oliver Chu

0618- Social Services Statewide Phone: (916) 65
01EFP Fingerprint Imaging Amend 3588
System and New ID Sections: 40-
Process 105, 40-171, 80-
301

Repeal Section:
40-026

2019- Department of Supplemental Title 15 Laura Lomonac

0528- Corrections Reforms to Credit Phone: (916) 44
01EON and Earning Amend 2217
Rehabilitation Sections: 3043,
3043.3, 3043.4,
3043.5

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California
Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2019- California Commercial Energy Title 4 David Gibbs

0603- Alternative E iciency Financing Phone: (916) 65
02EE Energy and Program Adopt Sections: 2212
Advanced 10092.1,
Transportation 10092.2,
Financing 10092.3,
Authority 10092.4,
10092.5,
10092.6,
10092.7,
10092.8,
10092.9,
10092.10,
10092.11,
10092.12,
10092.13,
10092.14

2019- Department of Industrial Hemp Title 03, Adopt Rachel Avila

0531- Food and Cultivation Sections 4940, Phone:(916) 403
03E Agriculture Sampling 4941, 4942, 6813
4943, 4944,
4945, 4946,
4950, 4950.1

2019- Department of Supplemental Title 15 Laura Lomonac

0521- Corrections Reforms to Parole Phone: (916) 44
04EON and Consideration Adopt Sections: 2217
Rehabilitation 2249.30,
2449.31,
2449.32,
2449.33,
2449.34, 3495,
3496, 3497

Amend
Sections:
2449.1, 3490,
3491

2019- Department of A ordable Sales A ordable Carolyn Dabney

0521- Transportation Program - Minimum Sales Program - Phone: (916) 65
01E Sales Price Minimum Sales 5863
Price

Title 21:

Amend Section:
1476

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California
Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2019- California Community Title 4 Sondra Jacobs

0517- Health Services Phone: (916) 65
04EE Facilities Infrastructure Grant Adopt Sections: 2799
Financing Program 7413, 7414,
Authority 7415, 7416,
7417, 7418,
7419, 7420,
7421, 7422,
7423, 7424,
7425, 7426,
7427, 7428,
7429

2019- Department of Real ID: Driver's Title 13 Randi Calkins

0514- Motor Vehicles Licenses and Phone: (916) 65
01E Identification Cards Adopt Sections: 8898
17.00

2019- Education Audits of K-12 LEAs - Title 5 Timothy E. Morg

0502- Audit Appeals FY 2019-20 Phone: (916) 44
01E Panel Amend Section 7745
19810

2019- California A ordable Title 4 Susan Mills

0429- Alternative Multifamily Energy Phone: (916) 65
01E Energy and E iciency Financing Adopt Sections: 3760
Advanced Program 10093.1,
Transportation 10093.2,
Financing 10093.3,
Authority 10093.4,
10093.5,
10093.6,
10093.7,
10093.8,
10093.9,
10093.10,
10093.11

2019- California CalSavers Title 10 Eric Lawyer

0424- Secure Choice Retirement Savings Adopt Sections Phone: (916) 65
04E Retirement Program 10000, 10001, 1748
Savings 10002, 10003,
Investment 10004, 10005,
Board 10006, 10007

2019- Occupational Pressure Vessel Fees Title 8 Denise M. Cardo

0424- Safety and Amend Phone: (510) 28
01EFP Health (Cal- Sections 344, 7348
OSHA) Division 344.1, 344.2

2019- Occupational Recording and Title 8 Willie N. Nguyen

0419- Safety and Reporting of Amend Phone: (510) 28
01EE Health (Cal- Occupational Sections 7348
OSHA) Division Injuries and 14300.35 and
Illnesses 14300.41

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California
Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2019- Board of Advancing Parole Title: 15 Mina Y. Choi

0412- Parole Consideration Adopt Sections: Phone: (916) 32
01EE Hearings Hearing Dates 2150, 2151, 6729
2152, 2153,
2154, 2155,
2156, 2157

2019- California CalSavers Title 10 Eric Lawyer

0415- Secure Choice Retirement Savings Adopt Sections: Phone: (916) 65
06EE Retirement Program 10000, 10001, 1748
Savings 10002, 10003,
Investment 10004, 10005,
Board 10006, 10007,
10008

2019- California Children's Hospital Title 4 Carolyn

0402- Health Program of 2018 Aboubechara
01E Facilities Adopt Section: Phone: (916) 65
Financing 7000 – 7017 3213
Authority nonconsecutive

2019- Department of Determining the Title 22 Shawn Cox

0325- Toxic Initial Penalty for Phone: (916) 32
01EE Substances Each Violation Amend Section: 7527
Control 66272.62

2019- Department of Pilot Projects Title 18 Benjamin Grime

0322- Resources Adopt Sections: Phone: (916) 34
01E Recycling and 2750 - 2778, 6365
Recovery non-
consecutive

2019- Board of Emergency Post-Fire Title 14 Eric Hedge

0319- Forestry and Recovery for Lake, Phone: (916) 65
02EE Fire Protection Siskiyou, Amend Section: 9633
Mendocino, Shasta, 1038.5
Trinity and Napa
Counties

2019- Department of Copayment and Title 15 Julie Inderkum

0226- Corrections Artificial Appliances Phone: (916) 69
01EON and Amend 0697
Rehabilitation Sections:
3355.1
(renumbered to
3999.367),
39999.99.
3999.206,
3999.234,
3999.237.
3999.375
(renumbered to
3999.395)

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California
Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2019- Department of Designated Title 14 Meagan Wilson

0225- Resources Approval Collectors Phone: (916) 34
01EE Recycling and Adopt Sections: 6077
Recovery 18660.47,
18660.48,
18660.49,
18660.50,
18660.51

Amend
Sections:
18660.5,
18660.20

2019- Fish and Game Klamath River Basin Title 14 Sherrie Fonbue
0219- Commission Spring Chinook Phone: (916) 65
03E Salmon Sport Amend Section: 9866
Fishing 7.50

2019- Education Supplement to Title 5 Mary Kelly

0212- Audit Appeals Audits of K-12 LEAs - Phone: (916) 44
03E Panel FY 2018-19 Amend Section: 7745
19810 Fax: (916) 403-6

2019- Board of Exemption Title 14 Eric Hedge

0207- Forestry and Emergency Phone: (916) 65
02E Fire Protection Regulations, 2019 Adopt Section: 9633
1038.1, 1038.2,
1038.3,
1038.4, 1038.5

Amend Section:
1038, 1038.3
[renumbered to
1038.9]

2019- Board of Emergency Post- Title 14 Eric Hedge

0206- Forestry and Wildfire Recovery Phone: (916) 65
01E Fire Protection Regulations for Adopt Section: 9633
Butte Co. 1038.6

2019- Board of Emergency Title 1 Eric Hedge

0205- Forestry and Rulemaking to Phone: (916) 65
01E Fire Protection Implement Amend 9633
Legislative Changes Sections:
to the WFMP 1094, 1094.2,
1094.6, 1094.8,
1094.17,
1094.23

2019- Department of Home Care Services Title 22 Kenneth Jennin

0208- Social Services Consumer Phone: (916) 65
04EE Protection Act Adopt Sections: 2586
130000 –
130211 non-
consecutively

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California
Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2019- State Board of CA Assessment of Title 5 Hillary Wirick

0122- Education Student Phone: (916) 31
03E Performance and Amend Section 0860
Progress 850, 854.1, Fax: (916) 319-0
854.2, 854.3, Email:
584.4, 859, 862, [email protected]
863

2019- Department of Revised Tobacco Title 11 Barry Alves

0115- Justice Escrow Agreement Amend Section: Phone: (916) 21
01E 999.12 7838
Repeal Section:
999.13

2018- Department of Supplemental Title 15, Laura Lomonac

1220- Corrections Reforms to Credit Amend Section: Phone: (916) 44
03EON and Earning 3043, 3043.3, 2217
Rehabilitation 3043.4, 3043.5

2018- Department of Provisions of Care Title 15 Doug Dinnell

1218- Corrections and Treatment Phone: (916) 69
04EON and Exclusions Amend 3836
Rehabilitation Sections:
3999.98,
3999.200

2018- Department of Amending 66272.62 Title 22 Shawn Cox

1221- Toxic Determining the Phone: (916) 32
07EE Substances Initial Penalty for Amend Section 7527
Control Each Violation 66272.62

2018- Department of Major League Sports Title 11 Susanne George

1221- Justice Ra le Program Phone: (916) 83
10E Amend 9032
Sections 2084,
2086, 2088,
2089, 2090,
2092, 2095,
2107

2018- Department of Firearms: Title 11 Jessie Romine

1218- Justice Identifying Info - Phone: (916) 22
01E Existing and New Amend 4217
California Residents Sections 5505,
5507, 5509,
5510, 5511,
5513, 5514,
5516, 5517

2018- California California Cannabis Title 18 Richard Bennio

1219- Department of Track-and-Trace Phone: (916) 45
01EFP Tax and Fee Adopt Section: 2130
Administration 3702

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Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2018- Department of Supplemental Title 15 Laura Lomonac

1211- Corrections Reforms to Parole Phone: (916) 44
01EON and Consideration Adopt Sections 2217
Rehabilitation 2449.30,
2449.31,
2449.32,
2449.33,
2449.34, 3495,
3496, 3497
Amend
Sections
2449.1, 3490,
3491

2018- Department of Home Care Services Title 22 Kenneth Jennin

1214- Social Services Consumer Phone: (916) 65
02EE Protection Act Amend 2586
Sections:
130000 -
130211

2018- California CalWORKS Title MPP Oliver Chu

1212- Department of Statewide Phone: (916)657
01EFP Social Services Fingerprint Imaging Amend 3588
System Repeal and Sections: 40-
New ID Process 105, 40-171, 80-
301
Repeal
Sections: 40-
026

2018- Department of Annual Fees - Dam Title 23 Marcelino Alcan

1213- Water Safety Program Phone: (916) 22
01EE Resources Amend 4640
Sections: 315,
316

2018- Department of Skilled Nursing Title 22 Anita Shumaker

1210- Public Health Facilities 3.5 Direct Phone: (916) 44
01EE Care Hours Amend Section: 7718
72329.2

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Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2018- California Commercial Energy Title 4 David Gibbs

1207- Alternative E iciency Financing Adopt Section: Phone: (916) 65
02E Energy and Program 10092.1, 2212
Advanced 10092.2,
Transportation 10092.3
Financing 10092.4,
Authority 10092.5,
10092.6,
10092.7,
10092.8,
10092.9,
10092.10,
10092.11,
10092.12,
10092.13,
10092.14

2018- California Regulations Title 18 Richard Bennio

1205- Department of Implementing Part Phone: (916) 45
01EFP Tax and Fee 8.7 of Division 3 of Adopt Sections: 2130
Administration Title of Government 35001 - 35101
Code non-
consecutive
Amend
Sections: 1032
– 5700 non-
consecutive
Repeal Section:
1807 – 5256
non
consecutive

2018- State Full-Day Title 2 Lisa Jones

1204- Allocation Kindergarten Phone: (916) 37
08E Board Facilities Grant Amend 1753
Program Sections: 1860
– 1860.21 Non-
consecutive

2018- Department of Processing Title 14 Thomas Vallanc

1204- Resources Payments Phone: (916) 32
03E Recycling and Amend Section: 4256
Recovery 2975

2018- California Community Title 4 Sondra Jacobs

1115- Health Services Adopt sections Phone: (916) 65
02E Facilities Infrastructure Grant 7413-7429 0032
Financing Program (consecutive)
Authority

2018- California Investment in Title 4 Sondra Jacobs

1115- Health Mental Health Adopt Sections Phone: (916) 65
01E Facilities Wellness Grant 7313-7329 0032
Financing Program (non-
Authority consecutive)

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Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2018- California CalSavers Title 10 Eric Lawyer

1108- Secure Choice Retirement Savings Amend Section: Phone:(916) 653
04ER Retirement Program 10000, 10001, 1748
Savings 10002, 10003,
Investment 10004, 10005,
Board 10006, 10007

2018- California Lifeline Grant Title 4 Rosalind Brewe

1108- Health Program Adopt Sections: Phone:(916) 653
02EE Facilities 7213, 7214, 8243
Financing 7215, 7216,
Authority 7218, 7219,
7220, 7221,
7222, 7223,
7224, 7225,
7227, 7228,
7229

2018- Occupational Pressure Vessel Fees Title 8 Denise M. Cardo

1108- Safety and Amend Phone:(510) 286
01EFP Health (Cal- Sections: 344, 7348
OSHA) Division 344.1, 344.2

2018- Fish and Game Emergency Action Title 14 David Thesell

1026- Commission to Raise Purple Sea Adopt Section: Phone: (916) 65
01EE Urchin Daily Bag 29.11 9903
Limit

2018- State Water FY 2018-19 Waste Title 23 Glen Osterhage

1025- Resources Discharge Amend Phone: (916) 34
01EFP Control Board Requirement Fees Sections: 5032
2200, 2200.4,
2200.6

2018- Occupational Recording and Title 8 Willie N. Nguyen

1025- Safety and Reporting of Amend Phone: (510) 28
02E Health (Cal- Occupational Sections: 7348
OSHA) Division Injuries and 14300.35,
Illnesses 14300.41

2018- State Water Emergency Title 23 David Ceccarell

1023- Resources Regulation Phone: (916) 34
03E Control Board Amending FY 2018- Amend 5999
19 Water Rights Fee Sections: 1062,
Schedule 1063, 1064,
1066, 1068

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Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2018- California CalCAP/ADA, Title 4 Bianca Smith

1023- Pollution CalCAP/Seismic Phone: (916) 65
01E Control Safety and Amend 5408
Financing CalCAP/EVCS Sections:
Authority Program 8078.3, 8078.8,
8078.15

2018- Department of Automatic Title 15 Sarah Pollock

1012- Corrections Restoration of Phone: (916) 44
01EON and Forfeited Credits Adopt Section: 2308
Rehabilitation 3329.5

2018- Board of Emergency Post-Fire Title 14 Eric Hedge

1019- Forestry and Recovery for Lake, Phone:(916) 653
01E Fire Protection Siskiyou, Amend: 1038 9633
Mendocino, Shasta,
Trinity, and Napa
Counties

2018- California CalSavers Title 10 Eric Lawyer

1019- Secure Choice Retirement Savings Phone: (916) 65
05E Retirement Program Adopt Sections: 1748
Savings 10000, 10001,
Investment 10002, 10003,
Board 10004, 10005,
10006, 10007,
10008, 10009,
10010, 10011

2018- Board of Advancing Parole Title 15 Heather McCray

1012- Parole Consideration Phone: (916) 32
03E Hearings Hearing Dates Adopt Sections: 6729
2150, 2151,
2152, 2153,
2154, 2155,
2156, 2157

2018- Veterinary Fee Schedule Title 16 Amanda

1010- Medical Board Drummond
04EE Amend Phone: (916) 51
Sections: 2070, 5238
2071

2018- Board of Emergency Title 14 Eric Hedge

1010- Forestry and Rulemaking to Phone: (916) 65
03EE Fire Protection Facilitate Post Fire Amend Section: 9633
Recovery (Napa, 1038
Sonoma,
Mendocino)

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Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2018- State Leroy F. Greene Title 2 Lisa Jones

1005- Allocation School Facilities Act Phone: (916) 37
04EE Board of 1998; New Amend Section: 1753
Construction (NC) 1859.51(e) Fax: (916) 375-6
Application
Processing

2018- Department of Cannabis Title 17 Linda M. Cortez

1001- Public Health Regulations for Adopt Section: Phone: (916) 44
02EE CEQA Compliance 40127, 40132, 7807
and Shared-Use 40190, 40191,
Facilities 40192, 40194,
40196

2018- Department of Peach Fruit Fly Title 3 Karen Olmstead

1005- Food and Eradication Area Amend Section Phone: (916) 40
03E Agriculture Property 3591.12 6879

2018- Department of Emergency Readopt Title 9 Trini Balcazar

0925- State Hospitals - Patient Electronic Amend Section: Phone: (916) 56
01EE Property 4350 2824

2018- Department of Peach Fruit Fly Title 3 Karen Olmstead

0928- Food and Eradication Area Phone: (916) 40
01E Agriculture Amend Section: 6879
3591.12

2018- Department of Annual Fees - Dam Title 23 Marcelino Alcan

0914- Water Safety Program Amend Phone: (916) 22
01EE Resources Sections: 4640
315, 316

2018- California Children's Hospital Title 4 Carolyn

0910- Health Program of 2008 Aboubechara
03EE Facilities Amend Section: Phone: (916) 65
Financing 7051, 7054, 3213
Authority 7055, 7056,
7063, 7071

2018- Board of Compounded Drug Title 16 Lori Martinez

0907- Pharmacy Preparations Phone: (916) 57
01EE Amend Section: 7917
1735.2

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Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2018- California Appeals Regulations Title 18 Richard Bennio

0906- Department of Phone: (916) 45
01EFP Tax and Fee Adopt Sections: 2130
Administration 35001 - 35101
non-
consecutive

Amend
Sections: 1032 -
5700 non-
consecutive

Repeal: 1807 -
5256 non
consecutive

2018- Department of Guava Fruit Fly Title 3 Rachel Avila

0907- Food and Eradication Area Phone: (916) 40
02E Agriculture Amend Section: 6813
3591.13

2018- Department of Peach Fruit Fly Title Rachel Avila

0911- Food and Eradication Area Phone: (916) 40
01E Agriculture Amend Section: 6813
3591.12

2018- O ice of Tax Appeals from Title 18 Myriam Bouaziz

0830- Appeals Actions Taken by Phone: (916) 92
02EFP FTB and CDTFA Amend Section 3918
30100 – 30832,
non-
consecutive

2018- California Lifeline Grant Title 4 Rosalind Brewe

0813- Health Program Phone: (916) 65
01EE Facilities Adopt Sections: 8243
Financing 7213 – 7229
Authority non
consecutively

2018- Department of Oriental Fruit Fly Title 3 Rachel Avila

0820- Food and Eradication Area Phone: (916) 40
01E Agriculture Amends 6813
Sections:
3591.2

2018- Department of Temporary Title 22 Everardo Vaca

0814- Social Management of Phone: (916) 65
05ER Services Adult Community Adopt Sections: 2363
Care Facilities and 89600, 89601,
Residential Care 89602, 89632,
Facilities for the 89633, 89637,
Elderly (RCFEs) 89662, 89667

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Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2018- Department of Inmate and Parolee Title 15, Amend Rosie Ruiz
0802- Corrections Name Change Section 3294.5 Phone: (916) 44
04EON and 2244
Rehabilitation

2018- Board of English Language Title 5 Hillary Wirick

0724- Education Proficiency Phone: (916) 31
02E Assessments for Amend 0860
California Sections:
11517.6, 11518,
11518.15,
11518.20,
11518.25,
11518.30,
11518.35,
11518.40,
11518.45,
11518.50,
11518.70,
11518.75,
11519.5

2018- Department of Oriental Fruit Fly Title 3 Rachel Avila

0730- Food and Eradication Area Phone: (916) 40
01E Agriculture Amend Section: 6813
3591.2

2018- Department of Provisions of Care Title 15 Justin McCall

0718- Corrections and Treatment Sections: Phone: (916) 69
02EON and Exclusions 3350, 3350.1 3325
Rehabilitation

2018- Veterinary Fee Schedule Title 16: Amanda

0726- Medical Board Amend Drummond
03E Sections: 2070, Phone: (916) 51
2071 5238

2018- California California School Title 04 Katrina Johantg

0719- School Facility Grant Phone: (213) 62
01EE Finance Program Amend 2305
Authority Sections:
10170.2,
10170.3,
10170.4,
10170.5,
10170.6,
10170.7,
10170.9,
10170.10

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Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2018- O ice of Spill Statewide Oil Spill Title 1 Christine Kluge

0720- Prevention Response Amend Phone: (916) 32
04EFP and Response Organizations Sections: 819, 0910
(OSRO) Ratings 819.01, 819.02,
819.03, 819.04,
819.05, 819.06,
819.07

2018- O ice of Spill Oil Spill Title 14 Christine Kluge

0720- Prevention Contingency Plans - Phone: (916) 32
03EFP and Response Inland Adopt Section: 0910
Facilities/Definitions 817.04 Amend
& Abbreviations Section: 790

2018- O ice of Spill Drills and Exercises Title 14 Christine Kluge

0720- Prevention Phone: (916) 32
02EFP and Response Adopt Section: 0910
820.02

2018- O ice of Spill Certificates of Title 14 Christine Kluge

0720- Prevention Financial Phone: (916) 32
01EFP and Response Responsibility Adopt Section: 0910
798
Amend
Sections: 791,
791.6, 791.7,
792, 793, 794,
795, 796, 797

2018- Department of Newborn Screening Title 3 Laurel Prior

0713- Public Health Program Fee Phone: (916) 44
02EFP Increase Amend Section: 7673
6508

2018- Department of Oriental Fruit Fly Title 3 Kyle Beucke

0717- Food and Eradication Area Phone: (916) 40
03E Agriculture Amend Section: 6741
3591.2

2018- Department of Inundation Maps Title 23 Kristen Martin

0703- Water Phone: (916) 22
02EE Resources Adopt Sections: 2170
335, 335.2,
335.4, 335.6,
335.8, 335.10,
335.12, 335.14,
335.16, 335.18

2018- Department of Asian Citrus Psyllid Title 3 Rachel Avila

0618- Food and Interior Quarantine Ph: (916) 403-68
01EE Agriculture Amend Section:
3435(b)

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Code of
OAL File Subject of Regulation
Agency Contact Person
Number Rulemaking (CCR) Title(s)
and Section(s)
A ected

2018- Board of Emergency Title 14 Eric Hedge

0628- Forestry and Rulemaking to Amend Section Phone: (916) 65
02EE Fire Protection Facilitate Post-Fire 1038 9633
Recovery E orts
Within the Counties
of Napa, Sonoma
and Mendocino

2018- Department of Determining the Title 22 Shawn Cox

0629- Toxic Initial Penalty for Amend Section Phone: (916) 32
01ER Substances Each Violation 66272.62 7527
Control

2018- California Debt Regulations Title 4 Felicity Wood

0621- Limit Revision for Phone:(916) 651
01EE Allocation Qualified Public Adopt Sections: 8484
Committee Educational Facility 5700, 5710,
Bonds 5711, 5720,
5721, 5722,
5730, 5731

Amend
Sections: 5000,
5020, 5100

Showing 1 to 100 of 106 entries  Previous Next 

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EXHIBIT 20

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IMPORTANT NOTICE

CALIFORNIA DEPARTMENT OF JUSTICE UPDATE REGARDING THE USE OF

“FEDERAL LIMITS APPLY” DRIVER LICENSES AND IDENTIFICATION CARDS TO
PERFORM ELIGIBILITY CHECKS
“Eligibility checks” refers to applications or reports for which an applicant is required to submit
a driver license or identification card, or the number from a driver license or identification card,
so that the Department of Justice may determine the applicant’s eligibility to possess a firearm or
ammunition under state or federal law.
Eligibility checks are required upon submission of the following DES transactions:
• Applications to purchase a firearm
• Applications to purchase ammunition
For all eligibility checks, a copy of the applicant’s driver license or identification card shall be
submitted.
If the applicant presents a California driver license or identification card with the notation
“FEDERAL LIMITS APPLY” on the front, the applicant shall also submit a copy of a document
that proves their lawful presence in the United States, in the form of one of the following
documents:

• Valid, unexpired U.S. passport or passport card

• Certified copy of U.S. birth certificate
• Certification of Birth Abroad (FS-545), Certification of Report of Birth (DS-1350) or
Consular Report of Birth Abroad of a Citizen of the United States of America (FS-240),
issued by the U.S. Department of State
• Valid, unexpired foreign passport with valid U.S. immigrant visa and approved Record of
Arrival/Departure (I-94) form
• Certified copy of birth certificate from a U.S. Territory
• Certificate of Naturalization or U.S. Citizenship
• Valid, unexpired Permanent Resident Card
For all eligibility checks, if the applicant’s California driver license or identification card has the
notation “FEDERAL LIMITS APPLY” on the front and the applicant’s name as it appears on the
driver license or identification card differs from the name on the document supplied, the
applicant shall also submit a copy of one of the following certified documents:
• An adoption document that contains the legal name of the applicant as a result of the
adoption.
• A name change document that contains the applicant’s legal name both before and, as a
result of, the name change.
• A marriage certificate.
• A dissolution of marriage document that contains the legal name of the applicant as a
result of the court action.

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• A certificate, declaration or registration document verifying the formation of a domestic

partnership.
• A dissolution of domestic partnership document that contains the legal name of the
applicant as a result of the court action.
The dealer shall keep copies of the documents required as part of the permanent record of the
transaction.
These requirements also pertain to an application or report submitted to the Department of
Justice in a paper format. Copies of the documents required shall be submitted along with the
paper application. These applications and reports include:
• New Resident Report of Firearms Ownership (BOF 4010A)
• Firearms Ownership Report (BOF 4542A)
• Curio or Relic Firearm Report (BOF 4100A)
• Collector In-State Acquisition of Curio and Relic Long Gun Report, (BOF 961)
• Report of Operation of Law or Intra-Familial Firearm Transaction (BOF 4544A)
• Dangerous Weapons License/Permit(s) Application (BOF 030) or (BOF 031)
These requirements also pertain to an application or report submitted to the Department of
Justice electronically via CFARS. Copies of the documents required shall be uploaded to CFARS
as prompted during the application or reporting process. These applications and reports include:
• Certificate of Eligibility Application
• Unique Serial Number Application
• New Resident Report of Firearms Ownership
• Firearms Ownership Report
• Curio and Relic Firearm Report
• Collector In-State Acquisition of Curio and Relic Long Gun Report
• Report of Operation of Law or Intra-Familial Firearm Transaction
Please see the examples of California “REAL ID” and “Federal Limits Apply” Driver Licenses
on the following page.

For additional information, please refer to the California Code of Regulations, Title 11, Division
5, Chapter 4 § 4045. Definitions and Requirements.

Should you have any questions please contact the Bureau of Firearms, Customer Support Center
at (855) 365-3767 or via e-mail at [email protected].

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EXHIBIT 21

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IMPORTANT NOTICE

CALIFORNIA DEPARTMENT OF JUSTICE NOTIFICATION AND INSTRUCTIONS FOR

CLEARING WEB BROWSER “COOKIES AND CACHE” ON JULY 1, 2019.

In order to ensure that all Dealer Record of Sale (DROS) Entry System (DES) users have access
to the new ammunition functions within the DES, users will be required to clear their web
browser cookies and cache on July 1, 2019, before initiating any firearm or ammunition
transactions.

Clearing the cookies and cache will allow the web browser to update and display the new
functions and layout of the DES.

First, identify the web browser that you are using from the list below, and follow the instructions
to clear your browser’s cookies and cache on July 1, 2019.

Firefox

• Launch Firefox
• Select History
• Select Clear Recent History

• Once the dialog box opens, select the Cookies and Cache noted below, and then select
OK to complete the process.

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Google Chrome

• Launch Google Chrome

• Click the Chrome icon on the upper right-hand side of the browser toolbar

• Click Settings

• Select Show advanced settings… from the bottom of the menu

• Select Content settings… under Privacy

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• Select All cookies and site data… under Cookies

• Select Remove all to complete the process.

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Internet Explorer

• Launch Internet Explorer

• Click the Settings icon on the upper right-hand side of the browser toolbar

• Select Tools, then select Internet options

• Under the General tab, in Browsing history, check the box to Delete browsing history
on exit, and then select Delete…

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• In the following dialogue box, check the boxes for Cookies and website data and
History, then select Delete

• Once the Delete Browsing History window has closed, select OK at the bottom of the
Internet Options window to complete the process.

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Note: For all web browsers, the keyboard shortcut Ctrl + Shift + Delete will bring up a window
that will allow you to manage your browser’s history. This may allow you to bypass some of the
previously mentioned steps, depending on the browser that you are using.

Should you have any questions, please contact the Bureau of Firearms, Customer Support Center
at (855) 365-3767 or via e-mail at [email protected].

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EXHIBIT 22

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IMPORTANT NOTICE
Regarding Availability of Instructional User Guides Related to Upcoming Ammunition
Sale Requirements

The purpose of this bulletin is to notify firearm dealers and ammunition vendors of the
availability of instructional user guides that have been created or updated to reflect
enhancements to the Dealer Record of Sale (DROS) Entry System (DES) that allow for the
submission of eligibility checks and ammunition purchases. These user guides will be available
to access through the Bureau of Firearms website at https://oag.ca.gov/firearms/forms listed
under “Publications” and subsequently through the DES application.

Firearm Dealers: The DES User Guide was updated to include instructions for ammunition
eligibility checks and sales.

Ammunition Vendors: The Ammunition User Guide provides instructions on using DES
including submitting ammunition transactions.

The Quick Reference Guide is an instructional document on how to submit an ammunition

eligibility check and ammunition purchase and can be found attached to this bulletin.

In preparation for the upcoming changing requirements for the sale of ammunition through DES,
it is recommended that all employees of firearm dealers and ammunition vendors review these
instructional guides thoroughly.

The ammunition functionality will be available within DES at 7:00 am on Monday July 1,
2019, and the Customer Support Center will be available at this time for any assistance
with the system.

Effective July 2, 2019, the DES hours of operation will be 4:00 am to 1:00 am and the
Customer Support Center hours will be Monday through Sunday 8:00 am to 9:00 pm
unless otherwise notified.

Furthermore, new content has been added to the Bureau of Firearms website under the
Ammunition Purchase Authorization Program at oag.ca.gov/firearms/apap. You will find
information about the requirements used to determine whether an individual is eligible to
purchase ammunition in addition to establishing and updating a record in the Automated
Firearms System.

Should you have any questions, please contact the Bureau of Firearms, Customer Support Center
at (855) 365-3767 or via e-mail at [email protected]:.

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Quick Reference Guide
SUBMITTING AN ELIGIBILITY CHECK
To get started you will need:
Information
• Purchasers California Driver License or California Identification Card

Equipment
• Internet Service Provider
• Computer or laptop with internet capabilities
• Printer
• Adobe Acrobat Reader (software)
• Magnetic card swipe reader that meets California Department of Motor Vehicle specifications (based on AAMVA
standards-card design 2009) which read 3-tracks of magnetic stripe data, and 2D barcode data.

STEP 1
Go to your internet browser and access the DROS Entry System (DES) by typing the following URL into your URL
address bar: https://des.doj.ca.gov.

STEP 2
Enter your User Name and Password.

CONFIDENTIAL and/or PROPRIETARY: Contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use, or disclosure is prohibited without the prior consent of the California Department of Justice

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STEP 3
Select Submit Eligibility Check from the Ammunition Transaction section.

Menu located on the left -

hand-side of the Main DES
page.

STEP 4
Select the appropriate Ammunition Eligibility Check for the purchaser.

• Standard Ammunition Eligibility Check (SAEC) Fee: $1.00

• Basic Ammunition Eligibility Check (BAEC) Fee: $19.00
• Certificate of Eligibility (COE) Verification Fee: $1.00

CONFIDENTIAL and/or PROPRIETARY: Contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use, or disclosure is prohibited without the prior consent of the California Department of Justice

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Quick Reference Guide
STEP 5
Swipe the CA driver license or identification card through the magnetic card swipe reader. You must click on the Populate
Fields button in order for the personal information to be entered into the personal information fields.

Confirm the information populated matches the driver license or identification card and that all required fields have been
entered and then click Preview.

PLEASE NOTE: When processing an Eligibility Check for a COE holder the COE number must be entered.

CONFIDENTIAL and/or PROPRIETARY: Contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use, or disclosure is prohibited without the prior consent of the California Department of Justice

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STEP 6
After clicking preview, you will be redirected to preview the eligibility check. Review the personal information entered. If
everything is correct, select the checkbox “I understand that upon submission of this DROS transaction I will be billed and
agree to pay a non-refundable fee of $1.00 to the Department of Justice” and click Submit Final.

PLEASE NOTE: The fee will vary depending on the type of eligbility check you are submitting.

You must check this box

to see the Submit Final
option.

After you click Submit Final, the system displays the final DROS transaction with its unique DROS number. The status of
the submitted eligibility check will indicate “In Progress.”

RECOMMENDATION: Write down or copy the generated DROS number that has been provided. It can be used to
search for the eligibility check once a determination is made by the Department.

If a Basic Ammunition Eligibility check is submitted, please provide the DROS number to the individual and advise them to
check the status of their eligibility check on the Department’s California Firearms Application Reporting System (CFARS).
The Department may take several days to make an eligibility determination for a Basic Ammunition Eligibility Check.

CONFIDENTIAL and/or PROPRIETARY: Contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use, or disclosure is prohibited without the prior consent of the California Department of Justice

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Quick Reference Guide
SEARCH AMMUNITION ELIGIBILITY CHECK
STEP 1
Once you have submitted an Ammunition Eligibility Check to the Department, you will need to wait for an approved status
before the purchaser can purchase ammunition. From the DES Main Page select Search Eligibility Check from the
Ammunition Transaction section.

Menu located on the left -

hand-side of the Main DES
page.

STEP 2
The “Ammunition Eligibility Check Results” page will populate. From this page you can search by the purchaser’s last
name, first name, DROS number, ID number or by decision. Enter the information that you want to search by and then
click Search. The results will populate in the “Search Results” section.

CONFIDENTIAL and/or PROPRIETARY: Contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use, or disclosure is prohibited without the prior consent of the California Department of Justice

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Quick Reference Guide
STEP 3
Click on the DROS number of the Ammunition Eligibility Check to display the DROS. The DROS will display with its status
indicating whether or not the purchaser is eligible to purchase or possess ammunition.

The Ammunition Eligibility Check status’ are:

• APPROVED – The Department has determined the individual is eligible to purchase or possess ammunition.
• DENY/REJECT – The Department has determined the individual is not eligible to purchase or possess
ammunition. The person cannot continue with an ammunition purchase.
• IN PROGRESS – Ammunition eligibility check is currently being processed by the Department.
• USED – Individual has purchased and received ammunition in association with the eligibility check.
• EXPIRED – The eligibility check was approved, but can no longer be used to complete a purchase of ammunition.

If the eligibility check has an APPROVED status, the “Purchase Ammunition” link will be available at the top of the screen.
Clicking the “Purchase Ammunition” link will take you to the “Select Ammunition Purchase Type” page to submit
ammunition purchase(s).

If the eligibility check has a Deny/Reject status, provide the individual with the DROS number and advise them to go to the
Department’s CFARS for information on their denial/rejection.

SUBMIT AMMUNITION PURCHASE(S)

All ammunition eligibility checks require an APPROVED status to submit an ammunition purchase. There is no limit on the
amount of ammunition that can be purchased during a transaction, using an APPROVED eligibility check. The eligibility
check status will change to USED once the final delivery of ammunition is submitted.

CONFIDENTIAL and/or PROPRIETARY: Contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use, or disclosure is prohibited without the prior consent of the California Department of Justice

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DROS Entry System

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Quick Reference Guide
STEP 1
Select Submit Ammunition Purchase(s) from the DES Main Page.

Menu located on the left -

hand-side of the Main DES
page.

STEP 2
The “Select Ammunition Purchase Type” page will display. Select the appropriate transaction type.

a. Ammunition Sale – The purchase of ammunition from a licensed California Ammunition Vendor.

b. Private Party Ammunition Transfer – Ammunition transferred from one non-vendor to another non-
vendor.

CONFIDENTIAL and/or PROPRIETARY: Contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use, or disclosure is prohibited without the prior consent of the California Department of Justice

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DROS Entry System

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Quick Reference Guide
STEP 3
After clicking “Ammunition Sale”, you must verify the purchaser information by entering the fifteen digit Eligibility Check
DROS number in the “Enter Eligibility Check DROS #” field. Click Verify and the purchaser’s information will populate
based on the information entered while submitting the Eligibility Check.

Enter the fifteen digit Eligibility

Check DROS Number.

STEP 4
Enter the “Transaction and Ammunition Information.”

CONFIDENTIAL and/or PROPRIETARY: Contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use, or disclosure is prohibited without the prior consent of the California Department of Justice

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DROS Entry System

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Quick Reference Guide
STEP 5
Confirm the information entered is correct and click Preview. After clicking preview, you will be redirected to a page to
preview the Dealer Record of Sale of Ammunition. If everything is correct, select the checkbox “I understand that upon
submission of this DROS transaction I will be billed and agree to pay a non-refundable fee of $0 to the Department of
Justice”. Click Add Transaction to be taken to the “Pending Purchase(s)” page.

You must check this box to

see “Add Transaction.”

After clicking “Add Transaction,” you will be taken to the “Pending Purchase(s)” page where you can “Add Ammunition” or
“Deliver” the ammunition.

CONFIDENTIAL and/or PROPRIETARY: Contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use, or disclosure is prohibited without the prior consent of the California Department of Justice

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DROS Entry System

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Quick Reference Guide
STEP 6
If the purchaser would like to add additional ammunition to their purchase, simply click Add Ammunition and repeat
steps 2-5.

If the purchaser does not want to add additional ammunition to their transaction, simply click Deliver.

After Clicking on “Deliver,” a dialog box will open. Press “OK” to continue, or “Cancel” to stay on the page.

PLEASE NOTE: If you click “OK”, the Ammunition Eligibility Check will be used and the purchase of ammunition will be
submitted to the Department. The transaction is complete. Please confirm the purchaser does not want to add additional
ammunition prior to clicking “OK.” If the purchaser decides they want to purchase more ammunition after you have clicked
“OK”, they will have to pay for another eligibility check.

CONFIDENTIAL and/or PROPRIETARY: Contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use, or disclosure is prohibited without the prior consent of the California Department of Justice

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DROS Entry System

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Quick Reference Guide
STEP 7
After clicking “OK”, you will be taken to the final Dealer’s Record of Sale of Ammunition. Click the Print this DROS link in
the upper left hand corner of the page.
PLEASE NOTE: You must select the Print this DROS link (upper left hand corner) as that will be the only
opportunity to generate a printed DROS Ammunition copy for customer signature.

Collect the purchaser and salesperson’s signature on the Dealer’s Record of Sale of Ammunition printout. Records must
be maintained and available for inspection for five (5) years (Pen. Code § 30355).

CONFIDENTIAL and/or PROPRIETARY: Contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use, or disclosure is prohibited without the prior consent of the California Department of Justice

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FREQUENTLY ASKED QUESTIONS
1. What does an ammunition transaction consist of?

An ammunition transaction consists of two general steps: 1) submitting an eligibility check to the Department, and 2) if
the Department determines the individual is eligible to own or possess ammunition, submitting the ammunition
purchase to the Department.

2. What if the eligibility check determination (status) comes back as a “Deny/Reject?”

If the Department determines the individual is not eligible to own or posses ammunition, provide the individual with
their Ammunition Transaction Number (also known as a DROS number) and advise them to log on to the
Department’s California Firearms Application Reporting System (https://cfars.doj.ca.gov/login.do) for more information
regarding the determination.

3. How do I know what type of eligibility check to submit for the individual?

The requirements for each eligibility check are as follows:

1. Certificate of Eligibility Verification: You may use this eligibility check if the individual has a current
Certificate of Eligibility issued by the Department.

2. Standard Ammunition Eligibility Check: You may use this type of eligibility check if the person’s
information matches an entry in the Automated Firearms System (name, date of birth, current address, and
driver license or other government identification) and does not fall within a class of persons who are
prohibited from owning or possessing ammunition.

Individual’s may have a record in the Automated Firearms System if they have purchased or transferred a
firearm through a California licensed firearm dealer, if they have registered an assault weapon during one of
the registration periods, or if they have submitted a voluntary report of ownership to the Department. Please
note: the individual must still be the owner of the firearm.

If the last long gun purchase was prior to January 1, 2014, there is a possibility they may not have a record in the
Automated Firearms System despite having purchased or transferred their firearm through a firearms dealer. The
Department was statutorily prohibited from retaining information regarding sales of rifles or shotguns prior to
January 1, 2014. As a result, records of rifles and shotguns prior to January 1, 2014, in the Automated Firearms
System are limited to assault weapon registrations (Pen. Code, § 30500, et seq.), voluntary reports of ownership,
and other records entered by the Department and California law enforcement agencies.

3. Basic Ammunition Eligibility Check: You may use this eligibility check if the individual does not have a
current entry in the Automated Firearms System or if they do not have a current Certificate of Eligibility. The
Department will determine the individual’s eligibility based on a comprehensive review of its records (similar to
a firearm eligibility check).

4. How do I process a private party transfer (PPT) of ammunition?

When transferring ammunition from one non-vendor to another non-vendor you must obtain an APPROVED eligibility
check for the purchaser and then select a Private Party Ammunition Transfer to submit the sale of ammunition.

CONFIDENTIAL and/or PROPRIETARY: Contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use, or disclosure is prohibited without the prior consent of the California Department of Justice

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Quick Reference Guide
Seller’s information is not required when processing a transfer for ammunition. If the purchaser receives a DENY or
REJECT, the vendor shall forthwith return the ammunition to the seller.

5. How long does it take to get a determination from the Department for each type of eligibility check?

1. Certificate of Eligibility Verification Checks – A determination may be completed in approximately 2

minutes.

2. Standard Ammunition Eligibility Check – A determination may be completed in approximately 2 minutes.

3. Basic Ammunition Eligibility Check – A determination may take days to complete. Once this type of
eligibility check is submitted, please provide the individual with their Ammunition Transaction Number (also
known as a DROS Number) and advise them they can check the status of their eligibility check through the
Department’s California Firearms Application Reporting System (https://cfars.doj.ca.gov/login.do). Once their
eligibility check is approved, they can return to your location and complete the ammunition purchase
transaction.

6. How long are eligibility checks valid?

1. Certificate of Eligibility Verification Checks – 18 hours from an Approved determination.

2. Standard Ammunition Eligibility Check – 18 hours from an Approved determination.

3. Basic Ammunition Eligibility Check – 30 days from an Approved determination.

7. At what point do I have the individual sign ammunition purchase paperwork?

The individual and the store associate/sales person/agent are only required to sign the DROS that is generated once
the ammunition purchase is submitted to the Department.

8. How long do I have to retain DROS Ammunition Sale records?

You must maintain all ammunition sale records on site for 5 years.

9. Do I have to maintain ammunition sale records in hard copy format?

No, whether ammunition sale records are maintained in hard copy format will be at the discretion of the vendor.
However, regardless of how they are maintained, they must be accessible onsite for inspection.

10. If the background check is rejected/denied, what are the retention requirements for the paperwork?

There are no recordkeeping retention requirements at this time.

11. I made a mistake on the eligibility check, how do I correct or cancel it?

You cannot correct or cancel an eligibility check once it has been submitted. You will have to resubmit the eligibility
check with the correct information. Upon submission of an eligibility check, the fee will be charged to the dealer's
account. The Department will not provide refunds after submission and acceptance of an eligibility check.

CONFIDENTIAL and/or PROPRIETARY: Contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use, or disclosure is prohibited without the prior consent of the California Department of Justice

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DROS Entry System

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Quick Reference Guide
12. How do I cancel an ammunition purchase that has already been submitted?

You cannot cancel an ammunition purchase transaction. As such, it is critical associates/sales persons/agents
preview their submission, and make corrections, prior to submitting the transaction.

13. Is there a limit on how much ammunition an individual can purchase during an ammunition purchase?

No.

14. Does the caliber of the ammunition that is being purchased have to match the firearm information that is on
record with the Department?

No.

15. What does it mean if someone is exempt pursuant to Penal Code section 30352 (e)?

If someone is exempt, you do not have to submit an ammunition eligibility check for that individual, and you do not
have to submit the ammunition purchase to the Department.

16. Who is considered exempt?

Refer to Penal Code section 30352 (e).

17. How do I verify an individual is exempt pursuant to Penal Code section 30352 (e)?

Refer to the Department’s Ammunition Purchases or Transfers regulations https://oag.ca.gov/firearms/regs for

more information.

CONFIDENTIAL and/or PROPRIETARY: Contents may contain confidential and/or legally privileged information. It is solely for the use of the intended recipient(s).
Unauthorized interception, review, use, or disclosure is prohibited without the prior consent of the California Department of Justice

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EXHIBIT 23

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Additional Documentation Requirements for Eligibility

Checks with Federal Non-Compliant California Driver
License or Identification Cards
California Code of Regulations, title 11, section 4045.1

This section applies to all firearms and ammunition eligibility checks, including any eligibility
check described in Division 5. For the purposes of this section, “eligibility checks” refers to
background checks based on any application or report for which an applicant is required to
submit a driver license or identification card, or the number from a driver license or
identification card, so that the Department of Justice may determine the applicant’s eligibility
to possess a firearm or ammunition under state or federal law.

(a) For all eligibility checks, a copy of the applicant’s California driver license or
identification card, or out-of-state driver license, if applicable, shall be submitted, as
specified in subdivisions (d) through (g).

(b) For all eligibility checks, if the applicant presents a federal non-compliant California
driver license or identification card with the notation “FEDERAL LIMITS APPLY” on the
front, the applicant shall also submit proof of lawful presence in the United States, as
specified in subdivisions (d) through (g), in the form of one of the following documents:
(1) Valid, unexpired U.S. passport or passport card.
(2) Certified copy of U.S. birth certificate.
(3) Certification of Birth Abroad (FS-545), Certification of Report of Birth (DS-1350) or
Consular Report of Birth Abroad of a Citizen of the United States of America (FS-
240), issued by the U.S. Department of State.
(4) Valid, unexpired foreign passport with valid U.S. immigrant visa and approved
Record of Arrival/Departure (I-94) form.
(5) Certified copy of birth certificate from a U.S. Territory.
(6) Certificate of Naturalization or U.S. Citizenship.
(7) Valid, unexpired Permanent Resident Card.
(c) For all eligibility checks, if the applicant’s name as it appears on the federal non-
compliant California driver license or identification card differs from the name on the
proof of lawful presence document submitted in accordance with subdivision (b), the
applicant shall also submit, as specified in subdivisions (d) through (g), one of the
following certified documents:

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(1) An adoption document that contains the legal name of the applicant as a result of
the adoption.
(2) A name change document that contains the applicant’s legal name both before and,
as a result of, the name change.
(3) A marriage certificate.

(4) A dissolution of marriage document that contains the legal name of the applicant as
a result of the court action.

(5) A certificate, declaration or registration document verifying the formation of a

domestic partnership.
(6) A dissolution of domestic partnership document that contains the legal name of the
applicant as a result of the court action.
(d) Applications or reports submitted in a paper format.
For eligibility checks based on an application or report submitted to the Department of
Justice in a paper format, copies of the documents required in subdivisions (a) through
(c) shall be submitted along with the paper application. These applications and reports
include:
(1) Certificate of Eligibility applications, pursuant to Penal Code section 26710.
(2) Firearm Ownership Reports:

(A) New Resident Report of Firearm Ownership, form BOF 4010A (Rev.
5/2019), pursuant to Penal Code section 27560.
(B) Firearm Ownership Report, form BOF 4542A (Rev. 05/2019), pursuant to
Penal Code section 28000.
(C) Curio or Relic Firearm Report, form BOF 4100A (Rev. 05/2019), pursuant to
Penal Code section 27565.
(D) Collector In-State Acquisition of Curio or Relic Long Gun Report, form
BOF 961 (Rev. 05/2019), pursuant to Penal Code section 27966.
(E) Report of Operation of Law or Intra-Familial Firearm Transaction, form BOF
4544A (Rev. 05/2019), pursuant to Penal Code sections 27875 and 27920.

(3) The application forms referenced in section 4142 of Chapter 7 of this Division 5 and
amended for purposes of this division as follows: Dangerous Weapons
License/Permit(s) Application, form BOF 030 (Rev. 05/2019), or Dangerous Weapons
License/Permit(s) Renewal Application, form BOF 031 (Rev. 05/2019). These forms
include options to apply for the following licenses/permits:
(A) Assault Weapon/.50 BMG Rifle Permit, pursuant to Penal Code sections
31000 and 31005.

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(B) Short-Barreled Shotgun/Rifle Permit, pursuant to Penal Code sections 33300

and 33305.
(C) Destructive Device Permit, pursuant to Penal Code sections 18900 and
18905.
(D) Machinegun Permit, pursuant to Penal Code sections 32650 and 32655.
(E) Machinegun License, pursuant to Penal Code sections 32700 - 32715.

(e) Applications or reports submitted electronically via the California Firearms Application
Reporting System (CFARS).

For eligibility checks based on an application or report submitted to the Department of

Justice electronically via CFARS, copies of the documents required in subdivisions (a)
through (c) shall be uploaded to CFARS as prompted during the application or reporting
process. These applications and reports include:
(1) Certificate of Eligibility applications, pursuant to Penal Code section 26710 and
Chapter 3 of this Division 5.
(2) Unique Serial Number Applications, pursuant to Penal Code section 29182 and
Chapter 41 of this Division 5.
(3) Firearm Ownership Reports, including:
(A) New Resident Report of Firearm Ownership, pursuant to Penal Code
section 27560.
(B) Firearm Ownership Report, pursuant to Penal Code section 28000.
(C) Curio or Relic Firearm Report, pursuant to Penal Code section 27565.
(D) Collector In-State Acquisition of Curio or Relic Long Gun Report, form
pursuant to Penal Code section 27966.
(E) Report of Operation of Law or Intra-Familial Firearm Transaction, pursuant
to Penal Code sections 27875 and 27920.

(f) Applications or reports submitted electronically via the Dealer Record of Sale Entry
System (DES), including applications or reports submitted pursuant to Chapters 8 and 11
of this Division 5.
For eligibility checks based on applications or reports submitted to the Department of
Justice electronically via the DES, the firearm dealer or ammunition vendor shall
examine the applicant’s driver license or identification card. If the applicant’s California
driver license or identification card is federal non-compliant with the notation “FEDERAL
LIMITS APPLY” on the front, the firearm dealer or ammunition vendor shall require the
applicant to submit a copy of the document required in subdivision (b), as well as a copy
of the document required in subdivision (c) if applicable. These applications and reports
include:

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(1) Application(s) to purchase a firearm. The firearm dealer shall confirm compliance
with this subdivision on DES, as necessary during the application or reporting
process. The firearm dealer shall keep a copy of the document(s) required in
subdivisions (a) through (c) as part of the permanent record of the transaction
described in Penal Code section 28215, subdivision (c).
(2) Applications to purchase ammunition, as described in Penal Code section 30370.
The firearm dealer or ammunition vendor shall confirm compliance with this
subdivision on DES, as necessary during the application or reporting process. The
firearm dealer or ammunition vendor shall keep a copy of the document(s) required
in subdivisions (a) through (c).

(g) Applications or reports submitted to other agencies that include fingerprint data to be
used by the Department of Justice to determine the applicant’s eligibility to possess a
firearm or ammunition under state or federal law.

For eligibility checks based on applications or reports submitted to other agencies that
include fingerprint data to be used by the Department of Justice to determine the
applicant’s eligibility to possess a firearm or ammunition under state or federal law, if
the applicant presents a federal non-compliant California driver license or identification
card with the notation “FEDERAL LIMITS APPLY” on the front, the agency shall require
the applicant to submit copies of the documents required in subdivision (b), as well as a
copy of the document required in subdivision (c) if applicable. The agency shall keep a
copy of the documents required in subdivisions (a) through (c) as part of the permanent
record of the application. The Department of Justice may request a copy of the
document(s) at a future date. Applicants of these applications and reports include:

(1) Peace officer applicants, custodial officers, or transportation officers, pursuant to

Penal Code section 832.15.
(2) Peace officers, pursuant to Penal Code section 832.16.
(3) Applicants for admission to a basic course of training certified by the Commission on
Peace Officer Standards and Training that includes the carrying and use of firearms,
pursuant to Penal Code section 13511.5.
(4) Applicants for an explosives permit, pursuant to Health & Safety Code section 12101.

Note: Authority cited: Sections 28060, 28100, 28155, 28215 and 28220, Penal Code.
Reference: Sections 832.15, 832.16, 13511.5, 16400, 18900, 18905, 23000, 26150, 26155,
26170, 26710, 26815, 27540, 27560, 27565, 27875, 27920, 27966, 28000, 28160, 28215, 28220,
28250, 29182, 29500, 30105, 30370, 31000, 31005, 32650, 32655, 32700, 32705, 32710, 32715,
33300, 33305 and 33850, Penal Code; Section 12101, Health & Safety Code; and Section 922,
Title 18, United States Code.

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EXHIBIT 24

385
7/10/2019
Case Ammunition Purchase Authorization
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State of California Department of Justice     

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Attorney General
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Ammunition Purchase
Authorization Program
Home /  Firearms /  Ammunition Purchase Authorization Program

E ective July 1, 2019, persons seeking to purchase or transfer ammunition will have to

undergo an eligibility check, and be approved by the Department, prior to the sale or
transfer, except as otherwise speci ed. Departmental approval shall occur

electronically through a licensed ammunition vendor. Pursuant to Penal Code sections

30352 and 30370, the Department will determine that a person is eligible to purchase

or transfer ammunition if they meet one of the following requirements:

The person has a current Certi cate of Eligibility issued by the Department

The person’s information matches an entry in the Automated Firearms System

(name, date of birth, current address, and driver license or other government
identi cation) and does not fall within a class of persons who are prohibited

from owning or possessing ammunition. The Department shall make this

determination by cross-referencing the Prohibited Armed Persons le (also

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known as the Armed and Prohibited Persons System).

The person is not prohibited from purchasing or possessing ammunition. The

Department determines eligibility based on a comprehensive review of its

records (similar to a rearm eligibility check).

Please note: this eligibility check requires a manual review of records by a

Department analyst. As such, the Department may take longer to respond with a

determination as to eligibility. Response times may take several days. Persons

will have the ability to check the status of their eligibility check through the

Ammunition Eligibility Check Status and Information page (available July 1, 2019).

The person was approved by the Department to receive a rearm from the
ammunition vendor, pursuant to Penal Code section 28220, if that vendor is a

licensed rearm dealer, and the ammunition is delivered to the person in the
same transaction as the rearm. In this scenario, the dealer will use the

approved rearm eligibility check as the approval to purchase ammunition, and

will submit the ammunition purchase to the Department during the delivery of
the rearm.

Establishing a Record in the Automated

Firearms System
The Automated Firearms System is a repository of rearm records maintained by the
Department, as established by Penal Code section 11106. The Automated Firearms

System is populated by way of rearm purchases or transfers at a California licensed

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rearm dealer, registration of assault weapons (during speci ed registration periods),

an individual’s report of rearm ownership to the Department, Carry Concealed

Weapons Permit records, or records entered by law enforcement agencies.

To establish an Automated Firearms System record, you may take one of the following
actions:

Record ownership of a rearm you possess, but were not previously required to

report, by submitting a Firearm Ownership Report to the Department.

If your last rearm purchase of a long gun was prior to January 1, 2014, there is a
possibility you may not have a record in the Automated Firearms System despite
having purchased or transferred your rearm through a rearms dealer. The

Department was statutorily prohibited from retaining information regarding

sales of ri es or shotguns prior to January 1, 2014. As a result, records of ri es

and shotguns in the Automated Firearms System prior to January 1, 2014, are
limited to assault weapon registrations (Pen. Code, § 30500, et seq.), voluntary
reports of ownership, and other records entered by the Department and

California law enforcement agencies.

You may submit the Firearm Ownership Report through the California Firearms

Application Reporting System (CFARS). For more information regarding this

process please visit the Firearms Reporting and Law Enforcement Gun Release

Application page.

Record ownership through a purchase or transfer of a rearm from a licensed

rearm dealer in California.

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Updating a Record in the Automated

Firearm System
E ective July 1, 2019, persons with an outdated Automated Firearms System record will

have the ability to update personal information (name, date of birth, Identi cation
number/type, and current address) on their Automated Firearm System record via the

CFARS. Please refer to the Department’s Automated Firearms System Personal

Information Update page for more information regarding this process.

Ammunition Purchases or Transfers Regulations

Ammunition Purchases Frequently Asked Questions

Bureau of Firearms

Firearms Home

Ammunition Purchase Authorization Program

Automated Firearms System Personal Information Update

California Firearms Laws Summary, pdf (revised 2016)

FAQs

Forms and Publications

Becoming a Firearm Dealer and/or Ammunition Vendor in California

Firearms Shipment Veri cation/California Licensee Check (CFLC) System

Firearm Safety Certi cate Program, DOJ Certi ed Instructor Information and
Comparable Entities

Certi cate of Eligibility Information and Application Process

Bullet Button Assault Weapon Information and Registration Process

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Firearms Reporting & Law Enforcement Gun Release Application

Firearm Regulations/Rulemaking Activities

California Code of Regulations

Roster of Firearm Safety Devices Certi ed for Sale

Roster of Handguns Certi ed for Sale

Unique Serial Number Application (USNA) Process

Contact Us

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STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

OFFICE OF THE ATTORNEY GENERAL

Search

WHO WE ARE

About AG Xavier Becerra

History of the O ce

Organization of the O ce

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WHAT WE DO

Public Safety

Opinions and Quo Warranto

Research

Children & Families

Civil Rights

Consumer Protection

Environment & Public Health

Tobacco Directory

Tobacco Grants

OPEN GOVERNMENT
Ballot Initiatives

Con icts of Interest

Criminal Justice Statistics

Meetings and Public Notices

OpenJustice Initiative

Public Records

Publications

Regulations

Memorial
Agents Fallen in the Line of Duty

Vote

Register to Vote

WHAT WE'RE WORKING ON

21st Century Policing

Children’s Rights

Consumer Protection and Economic Opportunity

Environmental Justice

Equality

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Immigration

OpenJustice

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MEDIA

Consumer Alerts

Press Releases

Media Library

CAREERS

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Examinations

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O ce of the Attorney General Accessibility Privacy Policy Conditions of Use Disclaimer

© 2019 DOJ

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EXHIBIT 25

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State of California Department of Justice     

XAVIER BECERRA
Attorney General
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Frequently Asked Questions

Ammunition Vendor Licensing FAQ’s

1. Can a law enforcement agency purchase ammunition to use for training and
work purposes, including their training academy, without having an

ammunition vendor license or going through a licensed ammunition vendor

for the purchase?

2. If a licensed ammunition vendor wants to sell ammunition from another

location would an additional separate ammunition vendor license be
required?

3. Do out of state commercial trucking companies need a Certi cate of

Eligibility to transport ammunition from out of state to a California

ammunition vendor or gun show event?

4. If a business sells under 500 rounds of ammunition, do they need an

Ammunition Vendor License or a Certi cate of Eligibility?

5. Must a target facility have an ammunition vendor license?

6. What proof is needed for an ammunition vendor license when a city or

county doesn't issue a business license for ammunition sales?

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7. If a hunter from California takes ammunition out of state and then reloads

the casing to bring back to California, would they need to go through an

ammunition vendor?

8. If children under 18 work in their parents' (ammunition vendor or rearms

dealer) store are they required to have a Certi cate of Eligibility?

9. Does a rearms dealer collect sales tax from a customer that has
ammunition delivered to their dealership?

10. If a gun club does not sell more then 500 rounds of ammunition, therefore

not required to obtain an ammunition vendor license and requires all

ammunition to be used at their facility, who is responsible if a customer

leaves the premises with purchased ammunition?

11. The Ammunition Vendor Licensing Application, form BOF 1021, does not list
ownership for non-pro t business as a “Type of Business”. How can this be
indicated on the application?

1. Can a law enforcement agency purchase ammunition to use for training

and work purposes, including their training academy, without having an

ammunition vendor license or going through a licensed ammunition

vendor for the purchase?

Yes, a law enforcement agency is exempt from obtaining an ammunition

vendor license or purchasing ammunition through an ammunition vendor

for training.

Pursuant to Penal Code section 30312, subdivision(c)(11), a person

enrolled in the basic training academy for peace o cers or any other

course certi ed by the Commission on Peace O cer Standards and

Training, an instructor of the academy or course, or a sta member of the

academy or entity providing the course, who is purchasing the

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ammunition for the purpose or use in the course is exempt from

obtaining an ammunition vendor license or processing a sale through an

ammunition vendor.

Furthermore, a law enforcement agency is exempt from obtaining an

ammunition vendor license or purchasing ammunition through an

ammunition vendor for work purposes. Pursuant to Penal Code 30312,

subdivision (c)(1), an authorized law enforcement representative of a city,

county, city and county, or state or federal government, is exempt from

obtaining an ammunition vendor license or processing a sale through a

licensed ammunition vendor, if the sale, and delivery, or transfer is for

exclusive use by that government agency and, prior to the sale, delivery,
or transfer of the ammunition, written authorization from the head of the

agency employing the purchaser or transferee is obtained, identifying the

employee as an individual authorized to conduct the transaction, and

authorizing the transaction for the exclusive use of the agency employing
the individual.
2. If a licensed ammunition vendor wants to sell ammunition from another

location would an additional separate ammunition vendor license be

required?
Yes, pursuant to Penal Code section 30348, subdivision (a), the sale of
ammunition by a licensed vendor shall be conducted at the location

speci ed in the license. The address on the license must be the physical

address where the ammunition is stored and the transaction is

conducted.

A vendor may sell ammunition at a gun show or event if the gun show or

event is not conducted from any motorized or towed vehicle pursuant to

Penal Code section 30348, subdivision (b).

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3. Do out of state commercial trucking companies need a Certi cate of

Eligibility to transport ammunition from out of state to a California

ammunition vendor or gun show event?

Out of state trucking companies do not need a Certi cate of Eligibility to

deliver to a California ammunition vendor or a rearms dealer, unless

they are employees or agents of that California ammunition vendor or

dealer. (Pen. Code, § 30347)

4. If a business sells under 500 rounds of ammunition, do they need an

Ammunition Vendor License or a Certi cate of Eligibility?

An ammunition vendor license is only required if you sell more than 500

rounds of ammunition. A Certi cate of Eligibility is required if you are a

California ammunition vendor or any agent or employee of an

ammunition vendor who handles, sells, delivers, or has under his or her
custody or control any ammunition. (Pen. Code, § 30342, 30347)

5. Must a target facility have an ammunition vendor license?

Yes, if they sell more than 500 rounds of ammunition, they are required to

have an ammunition vendor license. (Pen. Code, § 30342)

6. What proof is needed for an ammunition vendor license when a city or
county doesn't issue a business license for ammunition sales?
You can submit documentation from the city or county that indicates no

business license is required. (Pen. Code, § 30395)

7. If a hunter from California takes ammunition out of state and then reloads
the casing to bring back to California, would they need to go through an

ammunition vendor?

Yes. Any ammunition purchased or otherwise obtained from outside of

California has to be delivered to a licensed ammunition vendor for

delivery. (Pen. Code, § 30314(a))

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8. If children under 18 work in their parents' (ammunition vendor or rearms

dealer) store are they required to have a Certi cate of Eligibility?

Minors under 18 cannot handle, sell, deliver, or transport ammunition

because they cannot meet the age requirement for a Certi cate of

Eligibility. (Pen. Code, § 26710, 30300, 30347)

9. Does a rearms dealer collect sales tax from a customer that has
ammunition delivered to their dealership?

Sales tax questions should be addressed to the California Department of

Tax and Fee Administration.

10. If a gun club does not sell more then 500 rounds of ammunition, therefore

not required to obtain an ammunition vendor license and requires all

ammunition to be used at their facility, who is responsible if a customer

leaves the premises with purchased ammunition?
The gun club and customer are both responsible. The gun club is exempt

from ammunition vendor license requirements and a customer is exempt

from having to go through an ammunition vendor, pursuant to Penal

Code section 30312, subdivision (c)(9) which states, a person who

purchases or receives ammunition at a target facility holding a business or
other regulatory license, provided that the ammunition is at all times kept
within the facility’s premises.

If both parties do not follow the requirements then, pursuant to Penal

Code section 30312, subdivision (d), a violation of this section is a

misdemeanor.

11. The Ammunition Vendor Licensing Application, form BOF 1021, does not list

ownership for non-pro t business as a “Type of Business”. How can this be

indicated on the application?

Indicate by writing or typing in "non-pro t" on the application in the

business section. Business Ownership Type Checklist, pdf

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Back To Top

Bureau of Firearms

Firearms Home

Ammunition Purchase Authorization Program

Automated Firearms System Personal Information Update

California Firearms Laws Summary, pdf (revised 2016)

FAQs

Forms and Publications

Becoming a Firearm Dealer and/or Ammunition Vendor in California

Firearms Shipment Veri cation/California Licensee Check (CFLC) System

Firearm Safety Certi cate Program, DOJ Certi ed Instructor Information and
Comparable Entities

Certi cate of Eligibility Information and Application Process

Bullet Button Assault Weapon Information and Registration Process

Firearms Reporting & Law Enforcement Gun Release Application

Firearm Regulations/Rulemaking Activities

California Code of Regulations

Roster of Firearm Safety Devices Certi ed for Sale

Roster of Handguns Certi ed for Sale

Unique Serial Number Application (USNA) Process

Contact Us

https://oag.ca.gov/firearms/avlfaqs
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STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

OFFICE OF THE ATTORNEY GENERAL

Search

WHO WE ARE

About AG Xavier Becerra

History of the O ce

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Organization of the O ce
358

WHAT WE DO

Public Safety

Opinions and Quo Warranto

Research

Children & Families

Civil Rights

Consumer Protection

Environment & Public Health

Tobacco Directory

Tobacco Grants

OPEN GOVERNMENT
Ballot Initiatives

Con icts of Interest

Criminal Justice Statistics

Meetings and Public Notices

OpenJustice Initiative

Public Records

Publications

Regulations

Memorial
Agents Fallen in the Line of Duty

Vote

Register to Vote

WHAT WE'RE WORKING ON

21st Century Policing

Children’s Rights

Consumer Protection and Economic Opportunity

Environmental Justice

Equality

Health Care

Immigration

https://oag.ca.gov/firearms/avlfaqs
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OpenJustice
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MEDIA

Consumer Alerts

Press Releases

Media Library

CAREERS

Getting a State Job

Examinations

Job Vacancies

Internships & Student Positions

Attorney General's Honors Program

Earl Warren Solicitor General Fellowship

O ce of the Attorney General Accessibility Privacy Policy Conditions of Use Disclaimer

© 2019 DOJ

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EXHIBIT 26

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State of California Department of Justice     

XAVIER BECERRA
Attorney General
Search

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Frequently Asked Questions

Home /  Firearms /  Ammunition Purchase Authorization Program

/  Frequently Asked Questions

Ammunition Purchases

1. Who is authorized to conduct ammunition purchases and transfers?

2. When will I have to start going through an eligibility check to purchase

ammunition?

3. What do I need to bring to a vendor in order to purchase ammunition? What

type of documentation? (non-exempt purchasers)?

4. What is my eligibility to purchase ammunition based on?

5. What is the di erence between a Standard Ammunition Eligibility Check and

a Basic Ammunition Eligibility Check (single ammunition transaction)?

6. How will I be noti ed of an approved or rejected ammunition eligibility

check? Will the Department provide information to persons who are denied?
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7. What can I do if I was rejected on a Standard Ammunition Eligibility Check

because my information did not match an Automated Firearms System (AFS)

entry?

8. How do I establish a record in the Automated Firearms System?

9. As a customer, when I attempt to purchase ammunition, how do I know

which eligibility check to advise the vendor to submit for me?

10. What are the fees associated with each of the ammunition eligibility checks?

11. How long does it take to get a determination from the Department for each
type of eligibility check?

12. What is an Ammunition Transaction Number (ATN)?

13. I tried to purchase ammunition and was rejected. The vendor provided me

with an Ammunition Transaction number (ATN) and told me I could get

information on my rejection through the Department’s website. Where
exactly do I go to get that information and what information will I need to

provide?

14. If I don’t have a rearm recorded in my name, can I still purchase

ammunition?

15. As a California resident, can I bring ammunition from another state into

California?

16. Can a person purchase ammunition multiple times using one approved

Basic Ammunition Eligibility Check?

17. I went through a Basic Ammunition Eligibility Check, was approved, and
purchased ammunition. Since the Department has record of my ammunition

purchase, does that mean I now meet the requirements to undergo the

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Standard Ammunition Eligibility Check ($1 eligibility check) to purchase

ammunition?

18. How does a person transition from a Basic Ammunition Eligibility Check to

Standard Ammunition Eligibility Check, in order to not have to pay the $19
fee every time?

19. I want to purchase a rearm and ammunition at the same time. Do I have to

pay for two separate eligibility checks: one for ammunition and one for the

rearm?

20. Are there age restrictions for the purchase of ammunition?

21. Am I required to sign any paperwork for an ammunition purchase?

22. Is each purchase and quantity of ammunition stored within the

Department’s databases, resulting in a registry for ammunition?

23. Is there a limit on how much ammunition I can purchase during an

ammunition transaction?

24. Does the caliber of the ammunition I’m purchasing have to match the

rearm information that is on record with the Department?

25. I only own one rearm. If I were to sell the rearm or transfer the rearm

ownership to someone else, would I then be precluded from purchasing

ammunition using the Standard Ammunition Eligibility Check?

26. Do I have to provide the ammunition vendor with a physical address to

purchase ammunition, or is a P.O. Box acceptable?

27. For the Basic Ammunition Eligibility Check, California Ammunition Vendors
are required to provide the purchaser with their Ammunition Transaction

Number so they can check the status of their eligibility check through the

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California Firearms Application Reporting System (CFARS). Does that mean

that each person would then have to create a CFARS account in order to
monitor their status?

1. Who is authorized to conduct ammunition purchases and transfers?

E ective January 1, 2018, ammunition transactions may only be conducted by

licensed California Ammunition Vendors. (Pen. Code §§, 30312.)

2. When will I have to start going through an eligibility check to purchase

ammunition?
E ective July 1, 2019, persons seeking to purchase or transfer ammunition will

have to undergo an eligibility check, and be approved by the Department,

prior to the sale or transfer, except as otherwise speci ed. Departmental

approval shall occur electronically through a licensed California Ammunition

Vendor. (Pen. Code §§, 30352, 30370.)

3. What do I need to bring to a vendor in order to purchase ammunition?

What type of documentation? (non-exempt purchasers)

A valid California driver license, California identi cation card, or Military

identi cation. (Pen. Code §, 28180.). If your California driver license or

identi cation card has “FEDERAL LIMITS APPLY” on the front, you must also

present proof of lawful presence in the United States by providing one of the

following documents:

Valid, unexpired U.S. passport or passport card.

Certi ed copy of U.S. birth certi cate.

Certi cation of Birth Abroad (FS-545), Certi cation of Report of Birth (DS-

1350) or Consular Report of Birth Abroad of a Citizen of the United States

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of America (FS-240), issued by the U.S. Department of State.

Valid, unexpired foreign passport with valid U.S. immigrant visa and

approved Record of Arrival/ Departure (I-94) form.

Certi ed copy of birth certi cate from a U.S. Territory.

Certi cate of Naturalization or U.S. Citizenship.

Valid, unexpired Permanent Resident Card.

If your name, as it appears on the California driver license or identi cation

card that has “FEDERAL LIMITS APPLY” on the front, di ers from the name on
the document(s) above, you must present one of the following certi ed

documents:

An adoption document that contains your legal name as a result of the

adoption.

A name change document that contains your legal name both before and,
as a result of, the name change.

A marriage certi cate.

A dissolution of marriage document that contains your legal name as a

result of the court action.

A certi cate, declaration or registration document verifying the formation

of a domestic partnership.

A dissolution of domestic partnership document that contains your legal

name as a result of the court action. (Cal. Code Reg., tit. 11, § 4045.1.)

4. What is my eligibility to purchase ammunition based on?

Eligibility to purchase ammunition is based on one of the following criteria:

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The person has a current Certi cate of Eligibility issued by the

Department. (Cal. Code Reg., tit. 11, § 4305.)

The person’s information matches an entry in the Automated Firearms

System (name, date of birth, current address, and driver license or other
government identi cation) and does not fall within a class of persons who

are prohibited from owning or possessing ammunition. The Department

shall make this determination by cross-referencing the Prohibited Armed

Persons le (also known as the Armed and Prohibited Persons System).

(Cal. Code Reg., tit. 11, § 4302.)

The person is not prohibited from purchasing or possessing ammunition.

The Department determines eligibility based on a comprehensive review
of its records (similar to a rearm eligibility check).

The person was approved by the Department to receive a rearm from

the California Ammunition Vendor, pursuant to Penal Code section 28220,

if that California Ammunition Vendor is a licensed California Firearm

Dealer, and the ammunition is delivered to the person in the same

transaction as the rearm. In this scenario, the dealer will use the
approved rearm eligibility check as the approval to purchase

ammunition, and will submit the ammunition purchase to the Department

during the delivery of the rearm.

No person prohibited from owning or possessing a rearm shall own, possess,

or have under his or her custody or control, any ammunition or reloaded

ammunition. (Pen. Code §, 30305.)

5. What is the di erence between a Standard Ammunition Eligibility Check

and a Basic Ammunition Eligibility Check (single ammunition transaction)?

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The Standard Ammunition Eligibility Check will cross-reference the

ammunition purchaser’s name, date of birth, current address, and driver

license or other government identi cation number with the information

maintained in the Automated Firearm System (AFS.) If the purchaser’s

information does not match an AFS entry, the transaction shall be denied. If

the purchaser’s information matches an AFS entry, the department shall

determine if the purchaser falls within a class of persons who are prohibited

from owning or possessing ammunition by cross-referencing with the

Prohibited Armed Persons File (also know as the Armed and Prohibited
Persons System). If the purchaser is prohibited from owning or possessing a

rearm, the transaction shall be denied. Determinations for this type of

eligibility check can be completed in approximately 2 minutes. If it is

determined you are eligible, you can complete the purchase of ammunition
shortly after the determination is received by the California Ammunition

Vendor. The fee is $1.

The Basic Ammunition Eligibility Check (single ammunition transaction)

requires the Department to conduct a comprehensive review of it’s records to

determine the person’s eligibility to own or possess ammunition. This eligibility

check is similar to a rearms eligibility check and may take days to determine
eligibility. For this type of eligibility check, the California Ammunition Vendor

will have to provide you with an Ammunition Transaction Number so that you
can monitor the status of the eligibility check through the Department’s

California Firearms Application Reporting System (CFARS). Once CFARS

indicates your eligibility check has been approved, you can go back to the
California Ammunition Vendor that submitted your eligibility check and

complete your ammunition purchase. The fee is $19.

(Pen. Code § 30370, Cal. Code of Reg. tit. 11, §§ 4302, 4303.)

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6. How will I be noti ed of an approved or rejected ammunition eligibility

check? Will the Department provide information to persons who are

denied?

Once an ammunition eligibility check is submitted, California Ammunition

Vendors will receive ammunition eligibility determination updates through the

Dealer Record of Sale (DROS) Entry System (DES).

If the Standard Ammunition Eligibility Check is rejected, the California

Ammunition Vendor shall provide the person with the Ammunition

Transaction Number (also known as a DROS Number) that can be used to

obtain the reason for the rejection through the California Firearm Application

Reporting System (CFARS). (Cal. Code of Reg., tit. 11, §§ 4302, 4303.)

If a Certi cate of Eligibility Veri cation check is denied, the person should log

on to the CFARS, access their Certi cate of Eligibility account, and ensure the
Certi cate of Eligibility number that was provided to the California
Ammunition Vendor is correct, that it matches the personal information

provided, and that the Certi cate of Eligibility is active.

If the Basic Ammunition Eligibility Check is denied, the Department will update

the status on both the DES and the CFARS, and will notify the person of the

reason for the denial via U.S. Mail.

7. What can I do if I was rejected on a Standard Ammunition Eligibility Check

because my information did not match an Automated Firearms System

(AFS) entry?
Persons who have entries in the AFS will be able to update their information

through the California Firearms Application Reporting System. For more

information regarding this process, please visit the Automated Firearms

System Personal Information Update page.

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8. How do I establish a record in the Automated Firearms System?

Record ownership of a rearm you possess, but were not previously

required to report, by submitting a Firearm Ownership Report to the

Department.

If your last rearm purchase of a long gun was prior to January 1, 2014,

there is a possibility you may not have a record in the Automated Firearms

System (AFS) despite having purchased or transferred your rearm

through a rearms dealer. The Department was statutorily prohibited

from retaining information regarding sales of ri es or shotguns prior to

January 1, 2014. As a result, records of ri es and shotguns prior to January

1, 2014, in the AFS are limited to assault weapon registrations (Pen. Code,

§ 30500, et seq.), voluntary reports of ownership, and other records

entered by the Department and California law enforcement agencies.

You may submit the Firearm Ownership Report through the California

Firearms Application Reporting System (CFARS). For more information

regarding this process, please visit the Firearms Reporting and Law

Enforcement Gun Release Application page.

Record ownership through a purchase or transfer of a rearm from a

licensed rearm dealer in California.

9. As a customer, when I attempt to purchase ammunition, how do I know

which eligibility check to advise the vendor to submit for me?

It depends on your circumstances. There are three types of ammunition

eligibility checks that consist of di erent criteria:

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Certi cate of Eligibility Veri cation Check – You may use this eligibility

check if you have a current Certi cate of Eligibility.

Standard Ammunition Eligibility Check – You may use this eligibility check

if your information matches an entry in the Automated Firearms System

(AFS) (name, date of birth, current address, and driver license or other

government identi cation) and you do not fall within a class of persons

who are prohibited from owning or possessing ammunition.

Basic Ammunition Eligibility Check – You may use this eligibility check if

you do not have a current Certi cate of Eligibility, if you do not have a
current record in the AFS, or if you do not have a record at all in the AFS.
The Department will determine your eligibility based on a comprehensive
review of its records (similar to a rearm eligibility check).

10. What are the fees associated with each of the ammunition eligibility
checks?

Certi cate of Eligibility Veri cation Check - $1

Standard Ammunition Eligibility Check - $1

Basic Ammunition Eligibility Check - $19

(Pen. Code §, 30370, Cal. Code of Reg., tit. 11, §§ 4302, 4303, 4305.)

11. How long does it take to get a determination from the Department for
each type of eligibility check?

Certi cate of Eligibility Veri cation Checks – A determination may be

completed in approximately 2 minutes.

Standard Ammunition Eligibility Check - A determination may be

completed in approximately 2 minutes.

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Basic Ammunition Eligibility Check - A determination may take days to

complete. Once this type of eligibility check is submitted, a California

Ammunition Vendor should provide the person with their Ammunition

Transaction number (also known as a DROS number). The person will

need to check the status of their eligibility check through the Department’s

California Firearms Application Reporting System

(https://cfars.doj.ca.gov/login.do). Once the eligibility check is approved,

the person can return to the California Ammunition Vendor and complete

the ammunition purchase transaction.

12. What is an Ammunition Transaction Number (ATN)?

An ATN is issued within the Dealer Record of Sale (DROS) Entry System (DES),

upon a California Ammunition Vendor’s submission of an ammunition

transaction (eligibility check or ammunition purchase submission). The ATN is

a tracking mechanism for a speci c transaction. It is also known as the DROS

number.

13. I tried to purchase ammunition and was rejected. The vendor provided me
with an Ammunition Transaction number (ATN) and told me I could get

information on my rejection through the Department’s website. Where

exactly do I go to get that information and what information will I need to

provide?

To get information regarding your rejection, visit the California Firearms

Application Reporting System website at the following address

https://cfars.doj.ca.gov/login.do. Once the main page appears, select the

“Ammunition Eligibility Check” link on the left hand side. Once you access the

page, you will need to provide your ATN (also known as DROS number) and

your date of birth.

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14. If I don’t have a rearm recorded in my name, can I still purchase

ammunition?
Yes. Certi cate of Eligibility validations and Basic Ammunition Eligibility Checks

(single transaction or purchase) may be completed without having a rearm

recorded in the Automated Firearm System. (Pen. Code, § 30370, Cal. Code of

Reg., tit. 11 §§ 4303, 4305.)

15. As a California resident, can I bring ammunition from another state into

California?
No. E ective January 1, 2018, it is unlawful for a resident of the State of

California to bring or transport any ammunition acquired outside of the State

of California unless it is rst delivered to a licensed California Ammunition

Vendor, unless exempt. (Pen. Code, § 30314.)

16. Can a person purchase ammunition multiple times using one approved
Basic Ammunition Eligibility Check?

No. The Basic Ammunition Eligibility Check approval can only be used to
purchase ammunition in one transaction. Once the Basic Ammunition
Eligibility Check has been used, it is no longer valid. (Cal. Code Reg., tit. 11, §

4303 (d)(1).)

17. I went through a Basic Ammunition Eligibility Check, was approved, and

purchased ammunition. Since the Department has record of my

ammunition purchase, does that mean I now meet the requirements to

undergo the Standard Ammunition Eligibility Check ($1 eligibility check) to

purchase ammunition?

No. The purchase of ammunition does not establish the necessary record in
the Automated Firearms System (AFS). The AFS is a repository of rearm

records maintained by the Department, as established by Penal Code section

11106. The AFS is populated by way of rearm purchases or transfers at a

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California Firearm Dealer, registration of assault weapons (during speci ed

registration periods), a person’s report of rearm ownership to the

Department, Carry Concealed Weapons Permit records, or records entered by

law enforcement agencies.

Until you establish a record in the AFS, you will not meet the requirements of a

Standard Ammunition Eligibility Check and will have to continue to undergo

the Basic Ammunition Eligibility Check.

18. How does a person transition from a Basic Ammunition Eligibility Check to

Standard Ammunition Eligibility Check, in order to not have to pay the $19

fee every time?

A person does not “transition” from one type of eligibility check to another;

authorization is granted pursuant to the requirements of Penal Code section

30370 as implemented by California Code of Regulations, title 11, sections
4302 and 4303. If a person’s information does not match an entry in the

Automated Firearms System, and the person does not hold a current
Certi cate of Eligibility, the person may only be eligible for a Basic Ammunition

Eligibility Check. If a person’s personal information matches an entry in the

AFS, the person is eligible for both a Basic Ammunition Eligibility Check and a
Standard Ammunition Eligibility Check.

19. I want to purchase a rearm and ammunition at the same time. Do I have

to pay for two separate eligibility checks: one for ammunition and one for
the rearm?

No. The California Ammunition Vendor/Firearms Dealer will submit your

rearm eligibility check to the Department. If your rearm eligibility check is

approved, when you go to pick up your rearm on (or after) the 10th day, the

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dealer will have the ability to add an ammunition transaction to the delivery of

the rearm. An additional fee will not be assessed. (Pen. Code, § 30352, subd.
(c)(2).)

20. Are there age restrictions for the purchase of ammunition?

Yes. You must be at least 18 years old to purchase long gun ammunition or

reloaded long gun ammunition and at least 21 years old to purchase handgun

ammunition or reloaded handgun ammunition. (Pen. Code, § 30300.)

21. Am I required to sign any paperwork for an ammunition purchase?

Yes. You will be required to sign the Dealer Record of Sale of Ammunition once
you have been approved on the eligibility check and the vendor submits your

ammunition purchase. (Pen. Code, § 30352.)

22. Is each purchase and quantity of ammunition stored within the

Department’s databases, resulting in a registry for ammunition?
Pursuant to Penal Code section 30352, the Department shall retain sales and

transfer information of ammunition purchases in a database known as the

Ammunition Purchase Record File.

23. Is there a limit on how much ammunition I can purchase during an

ammunition transaction?
No. There is nothing in statute or regulations that limit the amount of

ammunition that can be purchased.

24. Does the caliber of the ammunition I’m purchasing have to match the
rearm information that is on record with the Department?

No.

25. I only own one rearm. If I were to sell the rearm or transfer the rearm

ownership to someone else, would I then be precluded from purchasing

ammunition using the Standard Ammunition Eligibility Check?

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Yes. Pursuant to Penal Code section 30370, subdivision (b), if the person’s

information does not match an entry in the Automated Firearm System, the
transaction shall be denied.

26. Do I have to provide the ammunition vendor with a physical address to

purchase ammunition, or is a P.O. Box acceptable?

A physical address is required. P.O. Boxes are not acceptable. (Pen. Code, §

30352, subd. (a), Cal. Code, tit. 11, § 4302, 4303, 4305.)

27. For the Basic Ammunition Eligibility Check, California Ammunition Vendors

are required to provide the purchaser with their Ammunition Transaction

Number so they can check the status of their eligibility check through the
California Firearms Application Reporting System (CFARS). Does that mean
that each person would then have to create a CFARS account in order to

monitor their status?

In order to check the status of a Basic Ammunition Eligibility Check, you are

not required to create an account. The “Ammunition Eligibility Check” link sits
on the main page.

Back To Top

Bureau of Firearms

Firearms Home

Ammunition Purchase Authorization Program

Automated Firearms System Personal Information Update

California Firearms Laws Summary, pdf (revised 2016)

FAQs

Forms and Publications

Becoming a Firearm Dealer and/or Ammunition Vendor in California

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Firearms Shipment Veri cation/California Licensee Check (CFLC) System

Firearm Safety Certi cate Program, DOJ Certi ed Instructor Information and
Comparable Entities

Certi cate of Eligibility Information and Application Process

Bullet Button Assault Weapon Information and Registration Process

Firearms Reporting & Law Enforcement Gun Release Application

Firearm Regulations/Rulemaking Activities

California Code of Regulations

Roster of Firearm Safety Devices Certi ed for Sale

Roster of Handguns Certi ed for Sale

Unique Serial Number Application (USNA) Process

Contact Us

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STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

OFFICE OF THE ATTORNEY GENERAL

Search

WHO WE ARE

About AG Xavier Becerra

History of the O ce

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WHAT WE'RE WORKING ON 358

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EXHIBIT 27

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State of California Department of Justice     

XAVIER BECERRA
Attorney General
Search

Translate Website | Traducir Sitio Web

Becoming A Firearm Dealer And/Or

Ammunition Vendor In California
Home /  Firearms /  Becoming A Firearm Dealer And/Or Ammunition Vendor In Califo…

Thank you for your interest in becoming a rearm dealer and/or ammunition vendor in

California. Gun laws in California regulate the sale, possession, and use of rearms and
ammunition in the state of California. The following will provide you with important

information about the statutory requirements for becoming a rearm dealer and/or
ammunition vendor, and other requirements for doing business in California.

It is unlawful for a Federal Firearm Licensee (FFL) with a FFL Type 01, 02, 07, 08, 09, 10,

or 11 to obtain rearms in accordance with his or her status as a FFL unless he/she is
on one of the Centralized Lists: Centralized List of Firearms Dealers (CL), Centralized

List of Exempted Federal Firearms Licensees (CLEFFL), or Centralized List of Firearm

Manufacturers (CLM). The FFL shall apply for and obtain a valid license(s) from the

Department of Justice (DOJ) to conduct rearm business. A rearm dealer and/or

manufacturer may have more than one license type with the DOJ. An Ammunition

Vendor is not required to obtain a FFL in order to be an Ammunition Vendor, but is

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required to be licensed through the DOJ. The DOJ's Licensing sta will conduct a

background on applicants to determine whether they are prohibited from possessing

and/or having access to rearms/ammunition. The DOJ currently issues the following

licenses: CL, CLEFFL, CLM, and Ammunition Vendor License (Non-Firearms Dealer).

Centralized List (CL) of Firearm Dealers – FFL Type 01,

02, 07, 08, 09, 10, 11

Firearms initially enter the consumer market through gun dealers who are the

critical link between manufacturers or distributors and the general public. The
sale of all rearms, including Private Party Transfers, must be processed

through a licensed rearm dealer in California. The CL dealer conducts retail

sales, internet sales, pawn broker/consignment transactions, accepted for
auction, or manufacturing.

Centralized List of Firearms Dealers Application – BOF 4080, pdf

Penal Code sections 26700 – 27140

Business & Professions Code section 21628.2

Licensing – Required

A valid federal rearm license

Any regulatory or business license, or licenses, required by local

government

A valid Seller's Permit issued by the State Board of Equalization

A Certi cate of Eligibility (COE) issued by the DOJ

A license granted by the duly constituted licensing authority of any city,

county, or city and county

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A valid listing on the DOJ Centralized List of Firearm Dealers

Certi cate of Eligibility Application – BOF 4008

Penal Code section 26700

DOJ Certi ed Instructor Certi cation – Required

DOJ Certi ed Instructors have an important role in the sales and delivery of
rearms in California. Their primary roles and responsibilities are described

below in the Firearm Safety Certi cate requirements and Safe Handling

Demonstration requirements.

Becoming a DOJ Certi ed Instructor and Maintaining Current DOJ

Certi ed Instructor Certi cation

Penal Code sections 31610 – 31670

California Firearms Licensee Check (CFLC) – Required

California state law prohibits all FFL holders (other than FFL Type 03 or Type 06)

from delivering, selling, or transferring a rearm to a FFL in California unless,

prior to delivery, the Licensee intending to deliver, sell, or transfer the rearm

obtains a veri cation number from the DOJ. The CFLC program allows the FFL

to obtain rearms shipment veri cation numbers via the Internet prior to

shipping rearms to any FFL in California.

California Firearms Licensee Check (CFLC) Enrollment Application – BOF

08-301

Penal Code section 27555

Consignment/Pawn License – Optional License

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California state law requires a licensee to report electronically any secondhand

/pawned rearms to the DOJ daily. This includes any rearms taken in trade,
taken in pawn, accepted for sale on consignment, or accepted for auction. This

does not include a licensee purchasing a rearm from an individual as a

"buy/acquisition" for the business inventory. The rearm dealer must obtain ta

license through the local licensing authority in the city/county in which the
business resides. Once the license has been issued, you must complete the

required consignment and/or pawn access application process through the

DOJ.

DROS Entry System (DES) Consignment and/or Pawn Access Application –

BOF 937

Business & Professions Code section 21628.2

Large-Capacity Magazine Permit (LCMP) – Optional Permit

Any rearms dealership licensed pursuant to Penal Code section 26700 may
apply for a DOJ Large-Capacity Magazine Permit (LCMP) to engage in the lawful

importation and exportation of large-capacity magazines and the activities

associated thereto, as speci ed in Penal Code sections 32310 through 32450.

Large-Capacity Magazine Application – BOF 050

Penal Code sections 32310 – 32450

Dangerous Weapons (DW) License/Permit(s) Application – Optional

License/Permit
An applicant must have a FFL Type 09, 10, or 11 to apply for a Dangerous
Weapons (DW) License/Permit through the DOJ. In addition to the DW

license/permit they may also have a FFL Type 01, 02, 07, or 08. The applicant,

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through a statement of "Good Cause" must provide clear and convincing

evidence that there is a bona de market or public necessity for the issuance of
the license/permit and that the applicant can satisfy that need without

endangering public safety. Additionally, the applicant shall provide

documentation as outlined in the California Code of Regulations, title 11,

sections 4125 through 4153. DOJ sta will conduct an in-depth background
investigation on the applicant to determine whether they are suitable to hold a

DW License/Permit. Suitability is determined by a number of factors including,

but not limited to, nancial and criminal history, honesty, and character.

Dangerous Weapons License/Permit(s) Application – BOF 030

California Code of Regulations, title 11, sections 4125 – 4153

Ammunition Vendor License – CL dealers will be automatically

enrolled
Pursuant to Penal Code section 30342, subdivision (a), commencing January 1,

2018, a valid ammunition vendor license shall be required for any person, rm,
corporation, or other business enterprise to sell more than 500 rounds of

ammunition in any 30-day period. However, pursuant to Penal Code section

16151, subdivision (b), rearms dealers licensed pursuant to Penal Code

sections 26700 through 26915, shall automatically be deemed licensed

ammunition vendors.

Penal Code sections 16151

Penal Code sections 30342

Employee Certi cate of Eligibility – Requirement

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Commencing January 1, 2018, a rearm dealer shall require any agent or

employee who handles, sells, delivers, or has under his or her custody or
control any rearms or ammunition to obtain a Certi cate of Eligibility from the

Department of Justice.

Certi cate of Eligibility Application – BOF 4008

Penal Code sections 26915

Penal Code sections 30347

Centralized List of Exempted Federal Firearms Licensees

(CLEFFL) – FFL Type 01, 07, or 08

Commencing January 1, 2008, Penal Code section 28450 requires the DOJ to

establish and maintain a centralized list of persons who are federally licensed
as dealers, manufacturers, or importers, with a licensed business premise

within this state and who declare to the DOJ an exemption from the rearm
dealer licensing requirements of Penal Code section 26700. The CLEFFL dealer
does not conduct rearm sales to the public. The dealer may complete internet

sales ( rearms are shipped to a FFL to complete the sale), gunsmith, or

manufacturer (manufacture less than 99 per year).

Centralized List of Exempted Federal Firearms Licensees (CLEFFL) and

Exemption Declaration Application – BOF 10-07

Penal Code sections 28450 – 28490

Licensing – Required

A valid federal rearm license

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A Certi cate of Eligibility (COE) issued by the DOJ

Provide the DOJ with a signed declaration enumerating the applicant's

statutory exemptions from licensing requirements

Certi cate of Eligibility Application – BOF 4008

Penal Code section 28450

California Firearms Licensee Check (CFLC) – Required

California state law prohibits all FFL holders (other than FFL Type 03 or Type 06)

from delivering selling, or transferring a rearm to a FFL in California unless,

prior to delivery, the Licensee intending to deliver, sell, or transfer the rearm
obtains a veri cation number from the DOJ. The CFLC program allows the FFL

to obtain rearms shipment veri cation numbers via the Internet prior to
shipping rearms to any FFL in California.

California Firearms Licensee Check (CFLC) Enrollment Application – BOF

08-301

Penal Code section 27555

Centralized List of Firearms Manufacturers (CLM) – FFL

Type 01, 02, 07, 08, 09, 10, 11

Commencing July 1, 1999, no person, rm, or corporation licensed to

manufacture rearms pursuant to Chapter 44 (commencing with Section 921)

of Title 18 of the United States Code may manufacture rearms within this

state unless that person, rm, or corporation is licensed pursuant to Penal

Code sections 29030 through 29150. Subdivision (a) of Penal Code section
29010 does not apply to a person licensed to manufacture rearms pursuant

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to Chapter 44 (commencing with Section 921) of Title 18 of the United States

Code who manufactures fewer than 100 rearms in a calendar year within the
state. The manufacturer conducts manufacturing of rearms (manufacture 100

or more rearms per year). The licensee must have a minimum FFL Type 07.

Additional FFL Types are optional.

E ective January 1, 2001, pursuant to Penal Code section 31900 through 32110,

requires handguns manufactured in California or sold to the public to pass a

series of tests relative to safety and functionality, that includes ring, safety,

and drop tests. This statute generally prohibits the manufacture, importation

for sale, sale, lending/transfer of any "unsafe" handgun. The DOJ is required to

compile, publish, and thereafter maintain a roster listing of those handguns

that have been tested and certi ed by the DOJ as "not unsafe" and, therefore,

may be sold in California.

License to Manufacture Firearms and Centralized List of Firearms

Manufacturers Application-BOF 017

Roster of Handguns Certi ed for Sale

Handgun Testing Certi ed Laboratories

Penal Code sections 29010 – 29184

California Code of Regulations title 11, sections 4046 – 4075

Licensing – Required

A valid federal rearm license

Any regulatory or business license, or licenses, required by local

government

A valid Seller's Permit issued by the State Board of Equalization

A Certi cate of Eligibility (COE) issued by the DOJ

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*A licensee shall require that each employee obtain a Certi cate of

Eligibility, which shall be renewed annually, before being allowed to come

into contact with any rearm, or ammunition.

Certi cate of Eligibility Application – BOF 4008

Penal Code section 29050

Ammunition Vendor (Non-Firearms Dealer)

E ective January 1, 2018, a valid ammunition vendor license shall be required

for any person, rm, corporation, or other business enterprise (if the vendor is
not on the Centralized List of Firearm Dealers) to sell more than 500 rounds of

ammunition in any 30-day period. The Ammunition Vendor may be federally

licensed.

Penal Code sections 30342 – 30365

California Code of Regulations title 11, section 4260 – 4265

Licensing – Required

A valid federal rearm license, if the applicant is federally licensed

Any regulatory or business license required by local government

A valid Seller's Permit issued by the State Board of Equalization

A Certi cate of Eligibility (COE) issued by the DOJ

*A licensee shall require that each employee obtain a Certi cate of

Eligibility, which shall be renewed annually, before being allowed to come

into contact with any rearm or ammunition.

Certi cate of Eligibility – Required

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An ammunition vendor shall require any agent or employee who handles,

sells, delivers, or has under his or her custody or control any ammunition, to
obtain and provide to the vendor a Certi cate of Eligibility from the

Department of Justice issued pursuant to Penal Code section 26710.

Certi cate of Eligibility Application – BOF 4008

Resources

Forms & Publications

Information Bulletins
Firearm Roster

Penal Codes
Regulations

FAQ's

Bureau of Firearms

Firearms Home

Ammunition Purchase Authorization Program

Automated Firearms System Personal Information Update

California Firearms Laws Summary, pdf (revised 2016)

FAQs

Forms and Publications

Becoming a Firearm Dealer and/or Ammunition Vendor in California

Firearms Shipment Veri cation/California Licensee Check (CFLC) System

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Firearm Safety Certi cate Program, DOJ Certi ed Instructor Information and
Comparable Entities

Certi cate of Eligibility Information and Application Process

Bullet Button Assault Weapon Information and Registration Process

Firearms Reporting & Law Enforcement Gun Release Application

Firearm Regulations/Rulemaking Activities

California Code of Regulations

Roster of Firearm Safety Devices Certi ed for Sale

Roster of Handguns Certi ed for Sale

Unique Serial Number Application (USNA) Process

Contact Us

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STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

OFFICE OF THE ATTORNEY GENERAL

Search

WHO WE ARE

About AG Xavier Becerra

History of the O ce

Organization of the O ce

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WHAT WE DO 358

Public Safety

Opinions and Quo Warranto

Research

Children & Families

Civil Rights

Consumer Protection

Environment & Public Health

Tobacco Directory

Tobacco Grants

OPEN GOVERNMENT
Ballot Initiatives

Con icts of Interest

Criminal Justice Statistics

Meetings and Public Notices

OpenJustice Initiative

Public Records

Publications

Regulations

Memorial
Agents Fallen in the Line of Duty

Vote

Register to Vote

WHAT WE'RE WORKING ON

21st Century Policing

Children’s Rights

Consumer Protection and Economic Opportunity

Environmental Justice

Equality

Health Care

Immigration

OpenJustice

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MEDIA 358

Consumer Alerts

Press Releases

Media Library

CAREERS

Getting a State Job

Examinations

Job Vacancies

Internships & Student Positions

Attorney General's Honors Program

Earl Warren Solicitor General Fellowship

O ce of the Attorney General Accessibility Privacy Policy Conditions of Use Disclaimer

© 2019 DOJ

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State of California Department of Justice     

XAVIER BECERRA
Attorney General
Search

Translate Website | Traducir Sitio Web

Automated Firearms System

Personal Information Update
Home /  Firearms /  Automated Firearms System Personal Information Update

The Automated Firearms System is a repository of rearm records maintained by the

Department, as established by Penal Code section 11106. The Automated Firearms

System is populated by way of rearm purchases or transfers at a California licensed

rearm dealer, registration of assault weapons (during speci ed registration periods),

an individual’s report of rearm ownership to the Department, Carry Concealed

Weapons Permit records, or records entered by law enforcement agencies.

Commencing July 1, 2019, an individual will have the ability to electronically update one
or more Automated Firearms System records through the California Firearms

Application Reporting System (CFARS) to match his or her current name, date of birth,

address, and California Driver License, California Identi cation Card, or Military

Identi cation Number.

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Maintaining accurate personal information within the Automated Firearm System is

critical if you plan to purchase ammunition by meeting the eligibility requirements

established by Penal Code section 30370, subdivisions (c) and (d). If the information

that is provided to the ammunition vendor does not match an entry in the Automated

Firearms System database, the transaction must be denied. As such, it is important to

ensure records are accurate.

How do I update my Automated Firearm System record?

To update your personal information on a record in the Automated Firearms System,

log into your CFARS account, click on “Automated Firearms System (AFS) Personal

Information Update,” and follow the instructions. If you do not have a CFARS account,

you may create one by visiting https://cfars.doj.ca.gov.

What information is needed to update an Automated Firearm System record?

Current personal information. Full Name, Date of Birth, Residential Address,

California Driver License/Identi cation Card Number, or Military Identi cation

Number/Department of Defense Identi cation Number.

Personal information at time of rearm purchase. Exact personal

information as it was recorded on your Dealer Record of Sale or other rearms

ownership record.

Firearm currently recorded in your name. Type, Make, Model, Caliber and

Serial Number information of one or more rearms currently recorded in the

Automated Firearms System.

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Verifying documentation. If you are changing your name, date of birth,

identi cation type or identi cation number, you must upload documents
verifying the change. These documents require review and approval by the

Department before changes can be updated on your record. Depending on what

personal information will be updated, the following veri cation documents may

be required:
California Driver License/Identi cation Card

Note: If you uploaded your military identi cation and active duty station

orders and do not have a California driver license or identi cation card,
you may upload your military identi cation card again.

Marriage License

Endorsed court order regarding restoration of former name

Endorsed court order regarding name change
Birth Certi cate

Military Orders

Please refer to the Automated Firearms System Information Update Regulations for
more information.

Is there a fee associated with updating an Automated Firearm System record?

There is no fee for updating your record.

What can I expect after submission of the Automated Firearms System Personal

Information Update request?

Once your submission has been processed, the Department will send an email to the
email address on le to let you know the status of your submission or to advise you to

log on to CFARS to review notices from the Department.

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What if I don’t know the exact personal information or rearms information that

was used when I purchased or transferred my rearm?

You can request to obtain information on all rearms for which you are listed as the

purchaser, transferee, or owner in the State of California. Based on the personal

information you provide, the Department will conduct a diligent search of the

Automated Firearms System and will provide you with the listing via mail. Once you

receive the listing, you can reference the personal and rearm information that was
recorded at the time the rearm was purchased or transferred. Thereafter, you can

use the information to update your Automated Firearm System record. The Automated

Firearms System Request for Firearm Records (BOF 053) application can be located at

https://oag.ca.gov/ rearms/forms.

What if I don’t have a rearm record in the Automated Firearm System and I

want to purchase ammunition?

For more information about how you can meet the requirements to purchase
ammunition without having an Automated Firearms System record, please visit the

Ammunition Purchase Authorization webpage.

Bureau of Firearms

Firearms Home

Ammunition Purchase Authorization Program

Automated Firearms System Personal Information Update

California Firearms Laws Summary, pdf (revised 2016)

FAQs

Forms and Publications

Becoming a Firearm Dealer and/or Ammunition Vendor in California

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Firearms Shipment Veri cation/California Licensee Check (CFLC) System

Firearm Safety Certi cate Program, DOJ Certi ed Instructor Information and
Comparable Entities

Certi cate of Eligibility Information and Application Process

Bullet Button Assault Weapon Information and Registration Process

Firearms Reporting & Law Enforcement Gun Release Application

Firearm Regulations/Rulemaking Activities

California Code of Regulations

Roster of Firearm Safety Devices Certi ed for Sale

Roster of Handguns Certi ed for Sale

Unique Serial Number Application (USNA) Process

Contact Us

https://oag.ca.gov/firearms/afspi
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STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

OFFICE OF THE ATTORNEY GENERAL

Search

WHO WE ARE

About AG Xavier Becerra

History of the O ce

Organization of the O ce

https://oag.ca.gov/firearms/afspi
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WHAT WE DO 358

Public Safety

Opinions and Quo Warranto

Research

Children & Families

Civil Rights

Consumer Protection

Environment & Public Health

Tobacco Directory

Tobacco Grants

OPEN GOVERNMENT
Ballot Initiatives

Con icts of Interest

Criminal Justice Statistics

Meetings and Public Notices

OpenJustice Initiative

Public Records

Publications

Regulations

Memorial
Agents Fallen in the Line of Duty

Vote

Register to Vote

WHAT WE'RE WORKING ON

21st Century Policing

Children’s Rights

Consumer Protection and Economic Opportunity

Environmental Justice

Equality

Health Care

Immigration

OpenJustice

https://oag.ca.gov/firearms/afspi
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MEDIA 358

Consumer Alerts

Press Releases

Media Library

CAREERS

Getting a State Job

Examinations

Job Vacancies

Internships & Student Positions

Attorney General's Honors Program

Earl Warren Solicitor General Fellowship

O ce of the Attorney General Accessibility Privacy Policy Conditions of Use Disclaimer

© 2019 DOJ

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Easy as 1- 2 - 3

®
Bring documents from each section below: 1-2-3 Done!
1 Identity Document (original or certifed copy only)
• Unexpired U.S. passport or passport card • Valid, unexpired Permanent Resident Card
• Birth certificate from a U.S. state or U.S. territory • Unexpired employment authorization document (EAD) Card
(abbreviated or abstract certificates not accepted) (I-766) or valid/expired EAD Card with Notice of Action (I-797 C)
• U.S. certifcate or consular report of birth abroad • Unexpired Permanent Resident Card or valid/expired
• Unexpired foreign passport with valid U.S. visa and Permanent Resident Card with Notice of Action (I-797 C)
approved I-94 form or Approval Notice (I-797)
• Certifcate of naturalization or citizenship • Unexpired foreign passport stamped “Processed for I-551”

Certifed legal document supporting name change, if applicable

If the name on your identity document is different than your current name you must bring a document with the new name.
NOTE: Multiple name change documents are needed if your name has changed multiple times.
• Certifed marriage certifcate • Domestic partnership documents (certifcate,
• Court fled adoption documents with the new declaration or registration).
name as a result of the adoption • A certifed dissolution of marriage/domestic
• A court certifed name change document. partnership document with new name.

2 Proof of Social Security Number (full number required, no photocopies)

The name on your Proof of Social Security Number must match your identity document or name change document.
For example, the name on your SSN card must match the name on your marriage certifcate.
• Social Security card • W-2 form • SSA-1099 form • Non-SSA-1099 form • Paystub

3 Proof of California Residency (copies accepted, printed documents required)

Two different documents are required from the list below.
• Home utility bills (including cellular phone) • Deed or title to residential real property, property tax
• Medical documents bill or statement, original copy of an approved claim for
Homeowners’ Property Tax Exemption (BOE-266) form
• Car or Boat registration fled with a local California County Assessor
• Employment documents • School documents (includes Date of Birth), proof of payment
• Insurance documents of resident tuition at a public institution of higher education
• Bank and Financial institution records in California
• Change of Address confrmation by the U.S. Postal Service • A document issued by a government agency (local,
state, or federal)
• Mortgage bill, rental or lease agreement (signed by
owner and tenant) • A No Fee Identifcation Card Eligibility Verifcation
(DL 933) form, completed and signed
• IRS or California FTB tax return
• Faith-based documents, including name and address
of organization
Use a PO Box?
Proof of a physical address is required. A PO Box can be used as the mailing address to receive your REAL ID, but your residency
document must display a PO Box and physical address.

What if I do not have one of the above residency documents?

You can use a relative’s (parent, child, spouse/domestic partner) residency document if you live at the same address and provide a
document (such as a birth or marriage certifcate) that shows that relationship. 449
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Citizenship Evidence
When applying on Form DS-11, you must submit primary
evidence of U.S. citizenship:

If you cannot provide primary evidence, you must

submit secondary evidence of U.S. citizenship.
Examples of primary and secondary citizenship
evidence are listed below.

Submit an original or certified copy of your

citizenship evidence AND a photocopy when you
apply

A certified copy is any document that has the seal

or stamp of the official issuing authority.
Submit a photocopy of the front (and back, if there
is printed information) of the original or certified
copy you're providing to us.
Photocopies must be: legible, on white 8.5”x11”
standard paper, black and white, and single sided.
If you don't want to submit a photocopy of your
citizenship evidence, you may submit a second
certified copy of your citizenship evidence, which
we will keep. If you don’t submit a photocopy or a
second certified copy of your citizenship evidence,
your passport processing could be delayed.

Primary

Born in the United States?

Fully-valid, undamaged U.S. passport (can be expired)
U.S. birth certificate  that meets the following
requirements:
Issued by the city, county, or state of birth
Lists applicant’s full name, date of birth, and
place of birth
Lists parent(s)’ full names
Has the signature of the city, county, or state
registrar
Has the date filed with registrar's office (must
be within one year of birth)
Has the seal of issuing authority

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Please note: Some states issue birth abstracts which are a
summary of your original birth record. Most birth abstracts
meet all the requirements listed above, while some birth
abstracts do not meet these requirements. If you submit a
birth abstract, it must meet all of the requirements above. If
your birth abstract does not meet all the requirements above,
we may also need you to submit a long-form birth certificate
showing a copy of your original birth record.

Born outside the United States?

Fully-valid, undamaged U.S. passport (can be expired)
Consular Report of Birth Abroad or Certification of
Birth
Certificate of Naturalization 
Certificate of Citizenship

Secondary

Born in the United States?

You must submit a delayed birth certificate OR a Letter of No
Record, AND early public records.

Delayed birth certificate (filed more than 1 year after

birth)
It must include the following:
List the documentation used to create it
(preferably early public records - see
below)
Signature of the birth attendant or an
affidavit signed by the parent(s)
If your delayed U.S. birth certificate does not
include these items, it should be submitted with
early public records (see below).

Letter of No Record
If a U.S. birth certificate is not on file for you in
the state you were born, you will receive a Letter
of No Record from the registrar instead of a
birth certificate. It must meet the following
requirements:
Issued by the state
Have applicant’s name and date of birth
List the years for which a birth record was
searched
Include a statement that no birth
certificate was found on file
When submitting a Letter of No Record, you
must also submit at least two early public
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documents or one early public document and
one early private document with Form DS-10:
Birth Affadavit.

Early public or private documents

Early public or private documents are documents that

were created and/or issued early in the applicant’s life,
preferably in the first five years.

Public records should include the applicant’s full

name, date of birth, and place of birth. Examples
include:
Baptism certificate
Hospital birth certificate (often shows baby’s
footprints)
U.S. Census record
Early school records
Family Bible record
Doctor's records of post-natal care
Form DS-10, Birth Affidavit (this form is for
applicants whose birth in the United States was
recorded more than one year late or who have a
Letter of No Record.)

Born Outside the United States?

Please note:

Foreign language documents should include a

professional English translation. The translator
must provide a notarized statement of the accuracy
of the translation and self-certification of their
ability to translate.
You may be asked for additional documentation by
the passport agency, if needed.
Your document(s) will be returned to you separately
from your new passport.

U.S. Citizenship at Birth

If you were born outside the United States and acquired U.S.
citizenship through your U.S. citizen parent(s), please submit
the following with your passport application:

Your foreign birth certificate listing your parent(s)

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Your parents' marriage certificate, if applicable
A statement from your U.S. citizen parent(s) detailing
all periods and places of their residence or physical
presence in the United States and abroad before your
birth.

Please see U.S. Citizenship Laws & Policy for more

information.

U.S. Citizenship through Naturalization of a Parent

If you were born outside the United States and acquired U.S.
citizenship through the naturalization of your parent(s),
please submit the following with your passport application:

Your foreign birth certificate listing your parent(s)

Your parent(s)’ naturalization certificate
Evidence of your permanent residence status.
Examples include:
Permanent Resident Card/Green Card
Foreign passport with the original I-551 visa
entry stamp
Your parents' marriage certificate (if your parents were
married when you legally entered the U.S. and before
your 18th birthday) 
Documentation of legal custody (if your parents were
not married when you legally entered the U.S.)
Evidence of your legitimation (if your parents were not
married at the time of your birth). Examples include:
Your parents' marriage certificate dated after
your birth
Certified court order of legitimation 

Please see U.S. Citizenship Laws & Policy for more

information.

U.S. Citizenship through Adoption

If you were born outside the United States and acquired
citizenship through adoption by a U.S. citizen parent while
under the age of 16, please submit the following:

Citizenship evidence of your U.S. citizen parent

Your full and final adoption decree
Evidence of lawful entry for permanent residence
(Examples: Child’s foreign passport containing an
ADIT stamp or Form I-94  with the ADIT stamp and
picture)

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Please see Child Citizenship Act of 2000 for more 358
information.
 

Request a File Search

You may request a File Search instead of submitting
evidence of U.S. Citizenship if:

You have been issued a U.S. passport or Consular

Report of Birth Abroad in the past and
You can't submit it with your application

The File Search fee is $150 and charged in addition to the

normal application fees, payable to the Department of State.
Please fill out Request for a File Search and include it with
your application.

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EXHIBIT 31

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UNITED STATES PASSPORT FEES 358

Payment Instructions: *The application fee is paid directly to the Department of State. **The Execution/Acceptance fee is
paid directly to the acceptance facility. Two separate payments are required. (Effective 1/28/2019)

ADULT APPLICANTS (16 Years and Older) Please see Apply in Person.

Application Fee Execution Fee

What are you applying for? Use Form *Paid to the (Acceptance Fee)
U.S. Department of State **Paid to the Acceptance Facility

First-time Adult Passport Book DS-11 $110 $35

First-time Adult Passport Card

Not valid for international air travel. Valid only for travel by land DS-11 $30 $35
and by sea to Canada, Mexico, Bermuda, and the Caribbean.

First-time Adult Passport Book & Card DS-11 $140 $35

Adult Passport Card
DS-82 $30 No Charge
For applicants who currently have a valid passport book.

ADULT RENEWALS Please see Renewal by Mail.

Application Fee
What are you renewing? Use Form *Paid to the
U.S. Department of State

Adult Passport Book DS-82 $110

Adult Passport Card

Not valid for international air travel. Valid only for travel by land DS-82 $30
and by sea to Canada, Mexico, Bermuda, and the Caribbean.

Adult Passport Book & Card DS-82 $140

ALL MINOR APPLICANTS (Under 16) Please see Children Under 16.
Application Fee Execution Fee
What are you applying for? Use Form *Paid to the (Acceptance Fee)
U.S. Department of State **Paid to the Acceptance Facility

Minor Passport Book DS-11 $80 $35

Minor Passport Card

A passport card is valid only for travel by land and by sea to the DS-11 $15 $35
following locations: Canada, Mexico, Bermuda, and the Caribbean.

Minor Passport Book & Card DS-11 $95 $35

OPTIONAL FEES (Paid to the U.S. Department of State)

Paid per application, in addition to required fees. Provides faster processing than routine $60
Expedite Fee
service. Please see Processing Times.

1-2 Day Delivery Paid per application for 1-2 day delivery of an issued passport book from the Department of $16.48
State to the customer. Only applies to mailing addresses within the United States. Not valid for
passport cards.
A file search is necessary when an applicant is unable to present evidence of U.S. citizenship or $150
File Search Fee
verification of a previously issued U.S. Passport or Consular Report of Birth Abroad. Applicant
must submit Form DS-11 and a written request for a file search.

Submitting incorrect passport fees could delay the processing of your application. For more information regarding passport
application fees, please visit travel.state.gov/fees or call 1-877-487-2778, TDD/TTY: 1-888-874-7793. 457
Updated January 2019
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EXHIBIT 32

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Filed 07/22/19 of the Attorney General
PageID.1061 Page 339 of
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State of California Department of Justice     

XAVIER BECERRA
Attorney General
Search

Translate Website | Traducir Sitio Web

Certi cate of Eligibility

Home /  Firearms /  Certi cate of Eligibility

What is a Certi cate of Eligibility (COE)?

A “Certi cate of Eligibility” certi es the Department of Justice (DOJ) has checked its
records and determined the recipient is not prohibited from acquiring or possessing

rearms at the time the rearms eligibility criminal background check was performed.
A COE is a pre-requisite licensing/permit requirement for all prospective licensed

rearms dealers, licensed ammunition vendors, manufacturers, certi ed instructors,

gun show promoters, explosive permit holders, and other rearm related employment

activities, including, any agent or employee of a vendor who handles, sells, or delivers

rearms and ammunition. The initial COE application process includes a rearms

eligibility criminal background check and issuance of a certi cate, which is valid for one

year. Thereafter, the COE must be renewed annually. A COE can be revoked, at
anytime, if the COE holder becomes prohibited from owning/possessing rearms and

ammunition.

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E ective July 1, 2019, pursuant to California Code of Regulations, title 11, section 4033

the DOJ is no longer accepting COE applications via mail. COE applications must be
led electronically by accessing the California Firearms Application Reporting System

(CFARS) at the following URL https://cfars.doj.ca.gov/login.do

How do I apply for a new COE (You have never had

a COE or your current COE has been expired for
more than 90 days)?

You must apply for a new COE through the California Firearms Application Reporting

System (CFARS). The CFARS is a web-based application system that enables individuals

to apply for, and receive their COE electronically from the DOJ. You can access the
electronic application by accessing the following URL https://cfars.doj.ca.gov/login.do
Please note: prior to submitting your COE application through the CFARS, you must

rst submit your ngerprint impressions to the DOJ. To submit ngerprint impressions,
you must take a completed Request for Live Scan Service form (BCIA 8016) to a Live

Scan station and pay the designated fees. Please refer to the live scan station location
information. The Live Scan operator will provide an Applicant Tracking Identi er (ATI)
number on your copy of the Request for Live Scan Service form (BCIA 8016). The ATI

number documents your ngerprint submissions. (You must enter your ATI number on

the designated space of the COE application). Once you have completed your

ngerprint submission requirements, you can complete the electronic COE application

process using the CFARS. A CFARS COE User Guide is available for information on how
to submit a COE application electronically.

If you are an out-of-state resident applying for a COE and you are unable to provide

your ngerprints via Live Scan, you must use the “hard card” ngerprint method by

having your ngerprints taken on two hard cards at a local law enforcement agency in

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your state of residence. You must then mail the two completed ngerprint hard cards

and a check for $71 to:

Department of Justice

Bureau of Firearms
Licensing and Certi cation of Eligibility Section – COE Unit

P.O. Box 160487

Sacramento, CA 95816-0487

Once mailed, you must apply for a COE through the CFARS.

How do I renew my COE (Your current COE is set to

expire in the near future or has already expired)?

You must renew your COE through the CFARS. Fingerprint submissions are not
required for a COE renewal.

Please note: you must renew your COE no later than 90 days after its expiration date,

otherwise you must re-apply for a new COE, which will require you to re-submit
ngerprint impressions.

What are the fees associated with a new and

renewal COE application?

Initial COE Application – The fee is $71, which is collected by the Live Scan

Operator during the required ngerprint submission. If you reside outside of the
State of California and have your ngerprint images taken by your local law

enforcement agency using hard cards, you must remit a check made payable to

the DOJ in the amount of $71.

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Renewal COE Application – The fee is $22, which is paid electronically when the

application is submitted through the CFARS.

Bene ts of Using CFARS:

Creating a CFARS account is quick and free! Take advantage of the following bene ts

when you use the CFARS.

Convenience– The online application eliminates the need to mail an application

and/or forms to the DOJ and saves time. You have the ability to apply, renew or

modify your COE as well as report any change in employment with a rearms

dealer or ammunition vendor through the online application.

E-mail noti cations – With an account, you will receive electronic (complete,
incomplete, and reject) noti cations for your COE submission.

Pay by credit card – The system accepts major credit cards such as Visa, Master
Card, American Express and Discover.

Save time and money – By applying/renewing online, you’ll save time by not
having to mail in an application and also save money on postage.

Check your COE status – Due to the sheer volume of COE applications and
renewals, the process can take anywhere between 6-8 weeks. By applying online
you can log in and check the status of your application at any time.

View and print your Certi cate of Eligibility – Once your application is
approved, you can download and print your Certi cate of Eligibility directly from

the CFARS.

View your COE account history – You can view your account history (including

notices) by logging on to your CFARS account.

Submit an issue – With an account, you may submit an issue by accessing

“Report an Issue.”

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Streamlined processing – Save time completing future renewal applications as

your personal information is encrypted and securely stored. Thus, there is no

longer the requirement to re-type your personal information.

Manage employee privileges – As a business owner, you can con rm/track

employee COE status’, manage DOJ noti cations, submit reports, submit

payment for your employees’ COEs, or delegate said administrative

responsibilities to a designated employee.

Additional Bureau of Firearms Links

California Firearms Application Reporting System (CFARS)

Frequently Asked Questions
Forms and Publications

Firearms Reporting & Law Enforcement Gun Release Application

Assault Weapons Identi cation Guide

California Firearms Laws Summary

Firearms Information for New California Residents

Contact Us

Back To Top

Bureau of Firearms

Firearms Home

Ammunition Purchase Authorization Program

Automated Firearms System Personal Information Update

California Firearms Laws Summary, pdf (revised 2016)

FAQs
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Forms and Publications

Becoming a Firearm Dealer and/or Ammunition Vendor in California

Firearms Shipment Veri cation/California Licensee Check (CFLC) System

Firearm Safety Certi cate Program, DOJ Certi ed Instructor Information and
Comparable Entities

Certi cate of Eligibility Information and Application Process

Bullet Button Assault Weapon Information and Registration Process

Firearms Reporting & Law Enforcement Gun Release Application

Firearm Regulations/Rulemaking Activities

California Code of Regulations

Roster of Firearm Safety Devices Certi ed for Sale

Roster of Handguns Certi ed for Sale

Unique Serial Number Application (USNA) Process

Contact Us

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STATE OF CALIFORNIA DEPARTMENT OF JUSTICE

OFFICE OF THE ATTORNEY GENERAL

Search

WHO WE ARE

About AG Xavier Becerra

History of the O ce

Organization of the O ce

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WHAT WE DO 358

Public Safety

Opinions and Quo Warranto

Research

Children & Families

Civil Rights

Consumer Protection

Environment & Public Health

Tobacco Directory

Tobacco Grants

OPEN GOVERNMENT
Ballot Initiatives

Con icts of Interest

Criminal Justice Statistics

Meetings and Public Notices

OpenJustice Initiative

Public Records

Publications

Regulations

Memorial
Agents Fallen in the Line of Duty

Vote

Register to Vote

WHAT WE'RE WORKING ON

21st Century Policing

Children’s Rights

Consumer Protection and Economic Opportunity

Environmental Justice

Equality

Health Care

Immigration

OpenJustice

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MEDIA 358

Consumer Alerts

Press Releases

Media Library

CAREERS

Getting a State Job

Examinations

Job Vacancies

Internships & Student Positions

Attorney General's Honors Program

Earl Warren Solicitor General Fellowship

O ce of the Attorney General Accessibility Privacy Policy Conditions of Use Disclaimer

© 2019 DOJ

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EXHIBIT 33

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Document 33-1Background Check System (NICS)
Filed 07/22/19 — FBI
PageID.1071 Page 349 of
358

National Instant Criminal Background

Check System (NICS)

The National Instant Criminal Background Check System, or NICS, is all about saving lives and protecting people from
harm—by not letting guns fall into the wrong hands. It also ensures the timely transfer of firearms to eligible gun buyers.

Mandated by the Brady Handgun Violence Prevention Act of 1993 and launched by the FBI on November 30, 1998, NICS
is used by Federal Firearms Licensees (FFLs) to instantly determine whether a prospective buyer is eligible to buy
firearms. Before ringing up the sale, cashiers call in a check to the FBI or to other designated agencies to ensure that
each customer does not have a criminal record or isn’t otherwise ineligible to make a purchase. More than 230 million
such checks have been made, leading to more than 1.3 million denials.

NICS is located at the FBI’s Criminal Justice Information Services Division in Clarksburg, West Virginia. It provides full
service to FFLs in 30 states, five U.S. territories, and the District of Columbia. Upon completion of the required Bureau of
Alcohol, Tobacco, Firearms and Explosives (ATF) Form 4473, FFLs contact the NICS Section via a toll-free telephone
number or electronically on the Internet through the NICS E-Check System to request a background check with the
descriptive information provided on the ATF Form 4473. NICS is customarily available 17 hours a day, seven days a
week, including holidays (except for Christmas). Please be advised that calls may be monitored and recorded for any
authorized purpose.

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(https://www.fbi.gov/services/cjis/nics/about-nics)

About NICS (https://www.fbi.gov/services/cjis/nics/about-

nics)
Mandated by the Brady Handgun Violence Prevention Act (Brady Act) of 1993, Public Law 103-159, the National
Instant…

(https://www.fbi.gov/services/cjis/nics/national-instant-criminal-background-check-system-nics-appeals-vaf)

https://www.fbi.gov/services/cjis/nics
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Appeals and VAF

(https://www.fbi.gov/services/cjis/nics/national-instant-
criminal-background-check-system-nics-appeals-vaf)
If you believe you have been wrongfully denied a firearm transfer or pawn redemption, you may request an…

(https://www.fbi.gov/services/cjis/nics/resources-for-federal-firearms-licensees)

Resources for Federal Firearms Licensees

(https://www.fbi.gov/services/cjis/nics/resources-for-federal-
firearms-licensees)
The FBI offers a variety of resources for federal firearms licensees (FFLs), including information on enrollment, E-Check,
resolution…

Videos
Transcript / Download (https://www.fbi.gov/video-repository/nics-e-check.mp4/view)

Reports & Statistics

https://www.fbi.gov/services/cjis/nics
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Operations Reports:
2018 (https://www.fbi.gov/file-repository/2018-nics-operations-report.pdf/view) | 2017 (https://www.fbi.gov/file-
repository/2017-nics-operations-report.pdf/view) | 2016 (https://www.fbi.gov/file-repository/2016-nics-operations-
report-final-5-3-2017.pdf/view) | 2015 (https://www.fbi.gov/file-repository/2015-nics-ops-report.pdf/view) | 2014
(https://www.fbi.gov/file-repository/2014-nics-ops-report-050115.pdf/view) | 2013
(https://archives.fbi.gov/archives/about-us/cjis/nics/reports/2013-operations-report) | 2012
(https://archives.fbi.gov/archives/about-us/cjis/nics/reports/2012-operations-report) | 2011 (https://www.fbi.gov/file-
repository/2011-nics-ops-report.pdf/view) | 2010 (https://www.fbi.gov/file-repository/2010-nics-ops-report-4-19-11-
1.pdf/view) | 2009 (https://www.fbi.gov/file-repository/2009_nics_operations_report.pdf/view) | 2008
(https://www.fbi.gov/file-repository/2008-ops-report.pdf/view) | 2007 (https://www.fbi.gov/file-
repository/2007_operations_report.pdf/view) | 2006 (https://www.fbi.gov/file-repository/ops_report2006.pdf/view) |
2005 (https://www.fbi.gov/file-repository/ops_report2005.pdf/view) | 2003/2004 (https://www.fbi.gov/file-
repository/ops_report2003-2004.pdf/view) | 2001/2002 (https://www.fbi.gov/file-repository/oper-rpt-2001-
2.pdf/view) | 2000 (https://www.fbi.gov/file-repository/operations_report_2000.pdf/view) | 1998/1999
(https://www.fbi.gov/file-repository/operations_report_98_99.pdf/view)
Active Records in the NICS Indices (https://www.fbi.gov/file-repository/active_records_in_the_nics-
indices.pdf/view)
Active Records in the NICS Indices by State (https://www.fbi.gov/file-repository/active-records-in-the-nics-indices-
by-state.pdf/view)
Federal Denials (https://www.fbi.gov/file-repository/federal_denials.pdf/view)
NICS Firearm Checks: Month/Year (https://www.fbi.gov/file-repository/nics_firearm_checks_-
_month_year.pdf/view)
NICS Firearm Checks: Month/Year by State (https://www.fbi.gov/file-repository/nics_firearm_checks_-
_month_year_by_state.pdf/view)
NICS Firearm Checks: Month/Year by State/Type (https://www.fbi.gov/file-repository/nics_firearm_checks_-
_month_year_by_state_type.pdf/view)
NICS Firearm Checks: Year by State/Type (https://www.fbi.gov/file-repository/nics_firearm_checks_-
_year_by_state_type.pdf/view)
NICS Firearm Checks: Top 10 Highest Days/Weeks (https://www.fbi.gov/file-
repository/nics_firearm_checks_top_10_highest_days_weeks.pdf/view)

Regulations
National Instant Criminal Background Check System Regulation (Amended 2014)
(https://www.gpo.gov/fdsys/pkg/FR-2014-11-20/pdf/2014-27386.pdf)
National Instant Criminal Background Check System Regulation (Amended 2004)
(https://www.gpo.gov/fdsys/pkg/FR-2004-07-23/pdf/04-16817.pdf)
National Instant Criminal Background Check System Regulation (1998) (https://www.gpo.gov/fdsys/pkg/FR-1998-
10-30/pdf/98-29109.pdf)
Federal Firearms Regulation Reference Guide Index (pdf) (http://www.atf.gov/files/publications/download/p/atf-p-
5300-4.pdf)
Brady Implementation (pdf) (http://www.gao.gov/assets/160/155338.pdf)
Privacy Act of 1974; Notice of New System of Records (https://www.gpo.gov/fdsys/pkg/FR-1998-06-04/pdf/98-
14797.pdf)
Exemption of System of Records Under the Privacy Act (https://www.gpo.gov/fdsys/pkg/CFR-2017-title28-
vol1/xml/CFR-2017-title28-vol1-part16.xml)
Privacy Act of 1974; DOJ Insider Threat Program Records, JUSTICE/DOJ–018 (Final Rule)
(https://www.gpo.gov/fdsys/pkg/FR-2017-09-14/pdf/2017-19483.pdf)

Statutes
External Links & Resources

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Brady Law (P.L. 103-159, Title I; 107 Stat. 1536) (https://www.gpo.gov/fdsys/pkg/STATUTE-107/pdf/STATUTE-

107-Pg1536.pdf)
1968 Gun Control Act, as amended by Brady Law (18 U.S.C. Chapter 44)
(http://www.law.cornell.edu/uscode/18/922.html)
Prohibited categories (18 U.S.C. § 922(g) (1)-(9) and (n)) (http://www.atf.gov/content/firearms/firearms-
industry/firearms-how-identify-prohibited-persons)
Lautenberg Amendment (18 U.S.C. § 922(g)(9)) (http://www.law.cornell.edu/uscode/18/922.html)

Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) website (https://www.atf.gov/)

https://www.fbi.gov/services/cjis/nics
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EXHIBIT 34

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REAL ID Act
En español

If you fly within the United States or enter secure federal buildings and
military bases, you will need a valid passport or other federally
approved document, such as a REAL ID driver license or identification
card, beginning October 1, 2020.

Before you renew your driver license or identification card or apply for
one, you must choose between a federal compliant REAL ID driver
license or identification card and a federal non-compliant one. Use our
REAL ID infographic (PDF) to help decide which one is right for you.

NOTE: Individuals applying for or renewing an AB 60 driver license are

not eligible to receive a REAL ID driver license.

If you choose to get a federal compliant REAL ID driver license or

identification card, you must visit a DMV field o ice and present original
or certified documents proving your identity (one document), Social
Security number (one document) and California residency — street
address (two di erent documents). Photocopies of residency
documents are accepted. Additional original or certified documents
must be presented if you have changed your legal name. Find out if you
have the correct documents:

 
EASY TO USE:

REAL ID Interactive Checklist

List of documents to apply for a REAL ID (PDF)

How to Apply for a REAL ID (video)

Watch the step-by-step REAL ID Application Guide video on how to apply for a REAL ID on DMV’s YouTube
Channel. 

You have a choice:

You can choose either a federal compliant REAL ID driver license/identification card OR a federal non-
compliant driver license/identification card.

   

REAL ID FEDERAL NON-

DRIVER LICENSE COMPLIANT
/ ID CARD: DRIVER LICENSE
/ ID CARD:

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 To apply, you must visit a  You can renew online or by

DMV field o ice and present mail (if eligible)
original or certified without visiting a DMV field
documents (no photocopies) o ice.
proving your identity (one
 You CANNOT use a federal
document), Social Security
non-compliant driver license
number (one document) , and
or identification card to board
California residency — street
domestic flights or enter
address (two di erent
secure federal facilities that
documents) are required.
require identification, such as
Photocopies of residency
military bases, STARTING
documents are accepted.
October 1, 2020. (Note: Check
Additional original or certified
with the federal
documents are also needed if
facility/military base before
you have changed your legal
your visit to verify their
name.
identification requirements.)
 You can use a federal
 This card contains the phrase
compliant REAL ID driver
"FEDERAL LIMITS APPLY".
license or identification card
to fly within the United States
or enter a secure federal
facility that requires
identification, when new
federal ID requirements begin
October 1, 2020. (Note: Check
with the federal
facility/military base before
your visit to verify their
identification requirements.)

 California REAL ID driver

licenses and identification
cards have a bear and star in
the upper right corner.

How Do I Get a REAL ID?

 Plan your DMV visit by making an appointment to visit a field o ice. (This is not a requirement but
strongly recommended)

 Complete the electronic driver license and ID card application online before your o ice visit.

 See the complete list of documents to apply for a REAL ID and bring original or certified documents
to your DMV visit that prove the following:

1. Identity (one document) Ex: certified U.S. birth certificate, U.S. passport, permanent resident
card, or unexpired foreign passport with valid U.S. visa and approved I-94 form.

NOTE: Name change documents if the name on your identity document (for example, a birth
certificate) is di erent than your current legal name. Ex: certified marriage or domestic

https://www.dmv.ca.gov/portal/dmv/detail/realid
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partnership document. 358
2. Social Security number (one document) Ex: Social Security Card (here’s how to order a
replacement one) or W-2/paystub that shows the full SSN.

NOTE: If you have changed your name, the name on your Social Security document must
match your legal name change document.

3. California residency — street address (two di erent documents), Ex: home utility bill that lists
your name and physical address (a P.O. Box can be used as the mailing address to receive your
REAL ID, but your residency document must display both a P.O. Box and street address).

NOTE: View the complete list of document options (PDF) to apply for a REAL ID card.

NOTE:Printed copies are accepted for residency documents, but electronic files are not
allowed.

IMPORTANT:All documents must show the same name, otherwise a name change document
may be required.

 Pay the application fee: $36 for Driver License or $31 for Identification Card.

Use this interactive checklist to help you gather the required documents to prove your identity, Social
Security number and California residency to apply for a REAL ID driver license or identification card.

DMV Speakers Bureau

The DMV o ers in-person presentations about the REAL ID driver license and identification card program
for large groups of 40 or more.  To request a presentation, please email
[email protected] and provide the name of your organization, possible dates/times and
approximate number of attendees.

Important note: The DMV Speakers Bureau is unable to assist with personal DMV matters and
transactions. For assistance, call 1-800-777-0133 or use DMV online services.

REAL ID Resources
 Request Letter to Satisfy Second Residency Requirement (for REAL ID cardholders who submitted
only one proof of residency)

 Frequently Asked Questions – Second Residency Letter Requirements

 Frequently Asked Questions – Two (2) Proofs of Residency Required

 Frequently Asked Questions on REAL ID

 The California DMV will continue to release updated information regarding REAL ID. Follow us on
Twitter and Facebook.

 The US Department of Homeland Security has additional information on REAL ID.

 DMV’s REAL ID Fact Sheet (PDF)

 Driver License and Identification Card Options (PDF)

https://www.dmv.ca.gov/portal/dmv/detail/realid
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358

1 CERTIFICATE OF SERVICE
UNITED STATES DISTRICT COURT
2 SOUTHERN DISTRICT OF CALIFORNIA
3 Case Name: Rhode, et al. v. Becerra
4 Case No.: 3:18-cv-00802-JM-JMA

5 IT IS HEREBY CERTIFIED THAT:

6 I, the undersigned, declare under penalty of perjury that I am a citizen of the
7 United States over 18 years of age. My business address is 180 East Ocean Boulevard,
Suite 200 Long Beach, CA 90802. I am not a party to the above-entitled action.
8
I have caused service of the following documents, described as:
9
EXHIBITS 11-34 TO REQUEST FOR JUDICIAL NOTICE IN SUPPORT OF
10 PLAINTIFFS’ MOTION FOR PRELIMINARY INJUNCTION
11
on the following parties by electronically filing the foregoing on July 22, 2019, with the
12 Clerk of the District Court using its ECF System, which electronically notifies them.
13 Nelson R. Richards
Deputy Attorney General
14 [email protected]
15 2550 Mariposa Mall, Room 5090
Fresno, CA 93721
16 Attorneys for Defendant Attorney
General Xavier Becerra
17
18
I declare under penalty of perjury that the foregoing is true and correct. Executed
19 on July 22, 2019, at Long Beach, CA.
20
s/ Laura Palmerin
21 Laura Palmerin
22
23
24
25
26
27
28

CERTIFICATE OF SERVICE
18cv802