Posted: 7/7/2017 9:48:13 PM EDT
http://mailchi.mp/53e3e03976ba/doj-misses-ammo-regulation-deadline?e=7f0381ea75
DOJ Misses Legal Deadline to issue Ammunition Vendor License regulations
Despite being warned in advance by a letter from NRA/CRPA’s lawyers, the California Department of Justice (“DOJ”) Bureau of Firearms has once again failed to do its job on time. This time, DOJ failed to publish regulations to set up the new ammunition vendor licensing process that was made necessary by the passage of Proposition 63 and Senate Bill 1235.
To sell ammunition in California after January 1, 2018, an ammunition seller must have this ammunition vendor license (or be exempt from this requirement). Next year almost all ammunition sales must be conducted by, or processed through, a licensed ammunition vendor. This includes ammunition sold between two private parties or purchased from outside of California and sent into the state.
Starting on July 1, 2017, and subject to limited exceptions, any business or individual who is not a California-licensed firearms dealer, and who wants to sell ammunition in California, should be able to apply for an ammunition vendor license. However, no ammunition vendor licenses can be issued until DOJ enacts the regulations to set up the process of applying for, and issuing, ammunition vendor licenses! Those regulations must, for instance, create the forms, the computer system, the licensing fees, etc. Penal Code section 30385 requires the DOJ to have its licensing regulations in place before July 1, 2017. Additionally, DOJ is required to have a “registry of ammunition vendors” up and running by July 1, 2017, for law enforcement to maintain a record of the new licensed ammunition vendors.
DOJ is also required by Penal Code section 30312(a)(2) to set the amount for the administrative fee that licensed ammunition vendors can charge buyers in order to process the ammunition sale transactions (e.g., delivering and returning ammunition as necessary).
The DOJ has blown this crucial deadline.
It is imperative that the DOJ start the process to adopt the necessary regulations according to the Administrative Procedures Act as soon as possible in order to give Californians enough time before the January 1, 2018 deadline to obtain their ammunition vendor licenses.
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