California's Ammo Law: Does It Affect .22Lr?

California has some of the strictest laws regulating the sale of ammunition in the US. In 2019, the state became the first to require a point-of-sale background check to buy ammunition. This means that to buy ammunition, you must prove you are legally allowed to possess guns and ammunition. 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.

California also regulates the sales and transfers of ammunition, people prohibited from possessing ammunition, the minimum age to possess ammunition, ammunition at gun shows, and certain kinds of unreasonably dangerous ammunition.

In addition, since July 1, 2024, all ammunition, firearms, and firearms parts are subject to an additional 11% tax.

Background checks for ammunition purchases

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

California law requires background checks for ammunition purchases to ensure individuals are legally allowed to possess guns and ammunition. The background check process is "instant" and relies on the California Department of Justice's records of the buyer having previously passed a background check to buy a gun.

For those who have previously undergone a background check to purchase a gun in California, the process is straightforward. They simply need to present their California driver's license or military ID, pay a $1 fee for the background check, and, if approved, they can purchase their ammunition.

However, for those who have never been background-checked to buy a gun in California, the process is more complex and costly. They must pay a $19 fee for a one-time, non-instant background check and return to the store a few days later to purchase their ammunition.

It is important to note that this background check requirement does not apply to shooting ranges, as long as the purchased ammunition is used entirely at the range and not taken home.

Legal Challenges to Background Checks

The implementation of background checks for ammunition purchases in California has faced legal challenges. In April 2020, U.S. District Court Judge Roger T. Benitez ordered the state to stop enforcing the background check requirement, arguing that it violated the Second Amendment right to bear arms. However, the 9th Circuit Court of Appeals granted a stay, allowing the law to remain in effect.

The legal battle continued, with California Attorney General Rob Bonta calling for the background check requirement to be upheld as a "lifesaving, common-sense, constitutional" measure. In January 2024, Judge Benitez again ruled against the background checks, but his decision was swiftly blocked by the 9th Circuit Court of Appeals, keeping the law in place while the state pursues its appeal.

Ammunition sales and transfers

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

Sales and Transfers of Ammunition

Proposition 63

In 2016, California voters passed Proposition 63, which introduced new laws to regulate ammunition sales in the state. Since January 1, 2018, individuals who sell more than 500 rounds of ammunition in any month must obtain a state-issued "ammunition vendor license" and conduct sales at specified business locations or gun shows. Licensed firearms dealers are automatically deemed licensed ammunition vendors, provided they comply with the legal requirements.

Background Checks

Since July 1, 2019, licensed ammunition vendors have been required to conduct a background check to verify that the person receiving the ammunition is legally eligible to possess it. This 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.

There are three background check options:

• Standard Ammunition Eligibility Check ($1): This is for people in the California Department of Justice's Automated Firearm System (AFS). The name and address on the buyer's ID must match the address in the system.
• COE Verification Process ($1): This is for people with a valid Certificate of Eligibility, usually those who work for ammunition vendors.
• Basic Ammunition Eligibility Check ($19): This is for people who are not in the AFS. This option does not enter the buyer into the AFS, so the $19 fee applies every time they buy ammunition.

Licensed Vendors

Ammunition sales must generally be conducted by or processed through licensed vendors. Sales by unlicensed sellers must be processed through a licensed vendor, similar to private party firearms transactions. Ammunition obtained online or from out of state must be shipped to a licensed vendor for physical delivery to the purchaser after a background check.

Licensed vendors are required to report the loss or theft of any ammunition from their inventory to law enforcement and to obtain a certificate of eligibility from employees who handle or sell ammunition.

Exemptions

People may transfer ammunition to a spouse, registered domestic partner, or immediate family member without going through a licensed vendor or background check. State law also authorises people to buy ammunition at a shooting range without a background check, as long as the ammunition remains inside the facility.

People prohibited from possessing ammunition

California has some of the strictest laws in the country when it comes to regulating ammunition sales. In 2019, it became the first state to require a point-of-sale background check for ammunition purchases.

California law prohibits people from owning, possessing, or having custody or control of ammunition or reloaded ammunition if they fall into any of the categories of people who are ineligible to purchase or possess firearms under state law.

• Felons and people convicted of violent offenses involving firearms: Those who have been convicted of a felony in any state or federal court are prohibited from possessing firearms or ammunition. This includes people who have been convicted of violent crimes, such as brandishing a weapon or violent use of a firearm.
• Convicted domestic abusers: People with convictions for domestic violence offenses, such as corporal injury to a spouse, are prohibited from possessing ammunition.
• People with certain mental disorders or found mentally incompetent: Individuals with a mental illness diagnosis or those found to be mentally incompetent may be prohibited from possessing ammunition.
• Minors: California generally prohibits the possession of live ammunition by people under the age of 18. However, there are some exceptions, such as with parental permission or for sport shooting.
• People with outstanding warrants or subject to protective orders or restraining orders: Those with active warrants or who are subject to protective or restraining orders are also prohibited from possessing ammunition.
• Drug addicts: Individuals who are addicted to drugs are included in the list of people prohibited from possessing ammunition.

It is important to note that the list of categories of prohibited persons may vary and can be subject to change. The California Department of Justice provides resources and information on the current regulations and restrictions regarding ammunition possession.

Minimum age to possess ammunition

California has strict laws regulating the sale of ammunition and was the first state to require point-of-sale background checks for ammunition purchases.

California generally prohibits the possession of live ammunition by people under the age of 18. However, there are some exceptions to this rule:

• The minor has written consent from a parent or legal guardian to possess live ammunition.
• The minor is accompanied by a parent or legal guardian.
• The minor is actively engaged in, or is going to or from, a lawful recreational sport, such as competitive shooting, or agricultural, ranching, or hunting activities, which involve the use of a firearm.

Sellers of ammunition are prohibited from selling any ammunition to anyone under 18 years of age and from selling handgun ammunition to anyone under 21.

To buy ammunition in California, individuals must prove they are legally allowed to possess guns and ammunition. This is done through a background check with the California Department of Justice, which checks that the buyer has passed a background check to buy a gun.

California also has laws in place to prevent the marketing of firearms and ammunition to minors.

Carrying ammunition on school grounds

California has strict laws regulating the possession of weapons and ammunition on school grounds. The state has a zero-tolerance policy towards violence in schools, and any violation involving weapons or ammunition can have serious consequences on an individual's academic, employment, and housing prospects.

Under California's Penal Code, it is prohibited to carry ammunition or reloaded ammunition onto school grounds without the express permission of the school district superintendent, or an equivalent school authority. This restriction does not apply to:

• Peace officers, members of the military, or armoured vehicle guards carrying out their official duties
• Concealed weapons license holders
• Individuals who have written permission from the relevant school authority

Ammunition must be kept within a locked container or within the locked trunk of a motor vehicle.

Penalties for Carrying Ammunition on School Grounds

Violating the law on carrying ammunition on school grounds is considered a wobbler in California, meaning it can be charged as either a misdemeanour or a felony, depending on the circumstances and the individual's criminal history.

If convicted of a misdemeanour, the individual may face:

• Summary (informal) probation
• Up to one year in county jail

If convicted of a felony, the individual may face:

• Formal (felony) probation
• A potential state prison sentence of three years

Other Relevant Laws

In addition to the law on carrying ammunition on school grounds, California has a Gun-Free School Zone Act, which prohibits the possession or discharge of firearms within 1,000 feet of a public or private school, college, or university. This law includes several exceptions, such as possession of an unloaded firearm in a locked container or locked vehicle trunk.

Frequently asked questions