Ammo Purchase: New California Law Explained

California has strict laws regulating the sale of ammunition, and in 2019, it became the first state to require a point-of-sale background check for ammunition purchases. These laws can be complex and are subject to change. To buy ammunition, one must prove they are legally allowed to possess guns and undergo a background check. This can be done by presenting a California driver's license, a California identification card, or a military ID. The laws also restrict ammunition sales and possession in similar ways to guns, and there are additional restrictions on sales to minors.

Background checks

California has some of the nation's strictest laws regulating the sale of ammunition. In 2019, the state became the first in the country to require a point-of-sale background check for every ammunition purchase.

Licensed ammunition vendors are generally prohibited from selling or transferring ammunition without first conducting a background check to verify that the recipient is legally eligible. The "instant" background check is based on the California Department of Justice having a record of the buyer having passed a background check to buy a gun. For five out of six Californians, the process is straightforward: they show their California driver's license or military ID, pay a dollar for a background check, wait a few minutes, pay for their ammo, and leave the store with it.

Those who have never been background-checked to buy a gun in California can pay $19 for a one-time, non-instant background check and return to the store in a few days to buy their ammunition. However, this option will not get them entered into the Automated Firearm System (AFS). Until they purchase or register a gun to get into the AFS, they must pay the $19 fee each time they buy ammunition.

If a person buys ammunition while purchasing a firearm, they do not need a separate background check for the ammunition—the check for the gun will suffice. However, they cannot take the ammunition home until they take the gun home. Ammunition buyers must show a valid California driver's license, California identification card (for non-drivers), or military identification.

Non-residents cannot buy ammunition in California. However, non-residents are not subject to import requirements, so they can bring in as much as they want. If buying ammunition out of state, it must first be shipped to a licensed California ammunition vendor to perform a background check.

Age restrictions

California has strict laws governing the purchase of ammunition, and the state's ammunition laws are currently being challenged in court.

In 2016, California voters passed Proposition 63, the "'Safety for All Act'", which went into effect in July 2019. This law requires ammunition vendors to conduct background checks to verify that the person receiving the ammunition is legally eligible to own it. The standard background check costs $19, and it can take around 10 days to complete. Once approved, the buyer can go back and finish their purchase. After meeting certain requirements, the buyer can undergo a basic check, which costs $1 and only takes a few minutes.

California generally prohibits the possession of live ammunition by people under the age of 18. However, minors are exempt from this restriction if they have written consent from a parent or legal guardian, are accompanied by a parent or legal guardian, or are engaged in a lawful, recreational sport that involves the use of firearms. Sellers of ammunition are also prohibited from selling any ammunition to a person under 18 years of age and from selling handgun ammunition to a person under 21. Additionally, California has laws in place that restrict advertising or marketing ammunition to minors under the age of 18.

To buy ammunition in California, a person must provide either a California driver's license, a California identification card, or a military ID. If the ID has the words "Federal limits apply" on it, additional documentation is required, such as a certificate of naturalization or U.S. citizenship certificate. Any ID presented when purchasing ammunition must be valid and not expired.

ID requirements

To buy ammunition in California, you must be able to prove that you are legally allowed to possess guns and ammunition. This is done through a background check.

California residents must show a valid California driver's license, California identification card (for non-drivers), or military identification to purchase ammunition. If your ID has the words "Federal Limits Apply" on the front, you must also present proof of lawful presence in the United States by providing a valid, unexpired U.S. passport or passport card, or a certified copy of your U.S. birth certificate. The ID you bring when you purchase ammunition must be unexpired.

Background Checks

The "instant" background check is based on the California Department of Justice having a record of the ammunition buyer having passed a background check to buy a gun. For those who have never been background-checked to buy a gun in California, they can pay a $19 for a one-time, non-instant background check, and return to the store in a few days to buy their ammunition.

Non-Residents

Non-residents are not able to buy ammunition in California. However, non-residents are allowed to bring ammunition into California without shipping it to a vendor or submitting to a background check.

Licensed vendors

California has strict laws regulating the sale of ammunition, and in 2019, it became the first state to require a point-of-sale background check for ammunition purchases. Licensed ammunition vendors are prohibited from selling or transferring ammunition without first conducting a background check to verify the buyer's eligibility. This includes both in-state and out-of-state purchases, with out-of-state ammunition needing to be shipped to a licensed California vendor for a background check.

California also has laws in place that restrict licensed vendors from selling ammunition to minors (under 18) and from selling handgun ammunition to individuals under 21. Additionally, licensed vendors are prohibited from displaying ammunition at gun shows, except in closed containers or when showing it to a prospective buyer.

It is important to note that California's ammunition laws are complex and ever-evolving, with ongoing legal challenges. As such, it is crucial for licensed vendors to stay informed about the latest regulations and requirements to ensure compliance with the law.

Advertising laws

California has some of the strictest laws in the US regulating the sale of ammunition. In 2019, it became the first state to require a point-of-sale background check for buying ammunition.

California has strict laws governing the advertising and marketing of ammunition. In 2022, the state enacted legislation making it unlawful to advertise or market ammunition to minors under the age of 18. This includes any marketing or advertising that targets individuals under 18 years old.

The state also requires people and companies to comply with a "firearm industry standard of conduct" when engaged in the sale, manufacture, distribution, marketing, or other conduct related to commerce in firearms, ammunition, and related products. This includes establishing reasonable controls to prevent specified harms, such as thefts, straw purchases, and trafficking of ammunition to people who are legally disqualified from purchasing it.

In addition, it is unlawful to manufacture, market, import, or offer for wholesale or retail sale any ammunition that is "abnormally dangerous and likely to cause an unreasonable risk of harm to public health and safety in California."

Other Ammunition Laws

In addition to the advertising laws mentioned above, California has several other laws regulating the sale and purchase of ammunition. These include:

• Licensed ammunition vendors are generally prohibited from selling or transferring ammunition without first conducting a background check to verify that the buyer is legally eligible.
• California prohibits the possession of live ammunition by people under the age of 18, unless they have written consent from a parent or legal guardian, are accompanied by a parent or legal guardian, or are engaged in a lawful recreational sport that involves the use of a firearm.
• Sellers of ammunition are prohibited from selling any ammunition to individuals under 18 years old and from selling handgun ammunition to individuals under 21.
• Ammunition sales at stores and gun shows must be conducted in a face-to-face transaction by a licensed ammunition vendor, and ammunition must be kept out of reach of consumers.
• California restricts people from carrying ammunition onto school grounds, with certain limited exceptions.

Frequently asked questions