Summary of California Ammunition-Only Vendor Laws

Overview

Ammunition-only vendors in California, who are not licensed firearms dealers, are subject to strict regulations under the California Penal Code, particularly within Articles 2, 3, 4, and 5 of Chapter 1, Division 10, Title 4, Part 6. These laws govern the licensing, sale, and record-keeping requirements for vendors selling more than 500 rounds of ammunition in any 30-day period. The California Department of Justice (DOJ) oversees compliance through the Bureau of Firearms and the DROS Entry System (DES).

Key Requirements for Ammunition-Only Vendors

1. Ammunition Vendor License (Penal Code § 30342, 30385, 30390, 30395)

• License Requirement: Since January 1, 2018, any person, firm, corporation, or other business entity selling more than 500 rounds of ammunition in a 30-day period must obtain a valid ammunition vendor license from the DOJ (§ 30342(a)).
• Application Process:
  • Applications are submitted using Form BOF 1021, requiring business entity information, responsible party details, and employee Certificate of Eligibility (COE) information.
  • Required documents include a local business license, a valid seller’s permit from the California Department of Tax and Fee Administration, a certificate of registration (post-July 1, 2024), and a COE for responsible persons (§ 30395(a)).
  • The license fee is $198 annually, payable to the DOJ, and applications are mailed to the Bureau of Firearms – Ammunition Vendor Licensing Unit (§ BOF 1021, Part F).
• License Validity: Licenses are valid for one year and allow sales at the specified location or at gun shows/events not conducted from motorized or towed vehicles (§ 30385(b), § 30348).
• Responsible Persons: For entities, a responsible person (someone with authority over management, policies, and practices related to ammunition) must pass a background check and hold a COE (§ 30385(c)).
• Exemption for Firearms Dealers: Licensed firearms dealers (per §§ 26700–26915) are automatically deemed ammunition vendors if they comply with Articles 2 and 3 (§ 30385(d)).
• Fees and Funding: The DOJ may charge reasonable fees to cover licensing costs, deposited into the Ammunition Vendors Special Account, which funds implementation and enforcement (§ 30390).

2. Employee Requirements (Penal Code § 30347)

• Certificate of Eligibility (COE): Any employee handling, selling, delivering, or controlling ammunition must obtain a COE from the DOJ, including the vendor’s name and address on the application (§ 30347(a)).
• Prohibited Persons: Vendors must not allow employees known or reasonably believed to be prohibited from possessing ammunition (per § 30305(a), § 29800, § 29900, or Welfare and Institutions Code §§ 8100, 8103) to handle ammunition (§ 30347(c)).
• DOJ Notification: The DOJ notifies vendors if an employee’s COE indicates they are prohibited from possessing ammunition (§ 30347(b)).

3. Sales and Transfer Restrictions (Penal Code §§ 30300, 30306, 30312, 30314, 30350, 30352, 30370)

• Age Restrictions:
  • Selling any ammunition to persons under 18 is prohibited (§ 30300(a)(1)).
  • Selling handgun ammunition to persons under 21 is prohibited, but rifle ammunition (usable in both rifles and handguns) may be sold to those 18–20 if the vendor reasonably believes it is for rifle use (§ 30300(a)(2)).
• Prohibited Persons: Vendors must not sell or transfer ammunition to individuals they know or should reasonably know are prohibited from possessing ammunition under § 30305(a) or (b) (e.g., those prohibited from owning firearms per §§ 29800, 29900, or Welfare and Institutions Code §§ 8100, 8103, or enjoined gang members) (§ 30306(a)).
• Face-to-Face Transactions: Since January 1, 2018, all ammunition sales or transfers must occur in person through a licensed vendor, even for online purchases, which must be delivered to a vendor for processing (§ 30312(a), (b)).
• Out-of-State Purchases: Residents must have ammunition purchased outside California delivered to a licensed vendor for processing per § 30312 procedures (§ 30314(a)).
• Secure Display: Ammunition must not be accessible to purchasers without vendor or employee assistance (§ 30350).
• Eligibility Checks:
  • Since July 1, 2019, vendors must verify purchaser eligibility through the DOJ via DES before transferring ammunition (§ 30352(c), § 30370).
  • Types of checks include:
    • Standard Ammunition Eligibility Check ($1 fee): Verifies purchaser information against the Automated Firearms System (AFS) and Prohibited Armed Persons File (§ 30370(b)).
    • Basic Ammunition Eligibility Check ($19 fee): For those not in AFS, confirms non-prohibited status for a single transaction (§ 30370(c)).
    • Certificate of Eligibility Check ($1 fee): Verifies a valid COE (§ 30370(a)(2)).
  • Vendors must deny sales if the purchaser is not listed as authorized by the DOJ (§ 30352(d)).
• Exemptions: Sales to certain entities (e.g., law enforcement, licensed manufacturers, or immediate family members) are exempt from face-to-face and eligibility check requirements (§ 30312(c), § 30314(b)).

4. Record-Keeping and Reporting (Penal Code §§ 30352, 30355, 30357, 30360, 30363)

• Transaction Records:
  • Since July 1, 2019, vendors must record sale details (date, purchaser’s ID number, ammunition brand/type/quantity, purchaser’s name/signature/address/phone/date of birth, salesperson’s name) on a DOJ-prescribed form (§ 30352(a)).
  • Records must be electronically submitted to the DOJ’s Ammunition Purchase Records File via DES, kept confidential except for law enforcement or approved research purposes (§ 30352(b)).
• Retention: Records must be maintained on premises for at least five years from the transfer date (§ 30355).
• Inspections: Records are subject to inspection by peace officers or DOJ employees during business hours for investigations or compliance with firearms laws (§ 30357).
• Accuracy: Vendors must not make false entries, fail to record required information, or neglect to obtain a thumbprint (or alternate finger if the thumb is unavailable) (§ 30360).
• Loss/Theft Reporting: Vendors must report any loss or theft of ammunition (merchandise, received for processing, or kept at the business) to local law enforcement within 48 hours of discovery (§ 30363).

5. DROS Entry System (DES) Usage (dros-des-ammunition-vendor-user-guide.pdf)

• Purpose: DES is a web-based platform for vendors to submit ammunition eligibility checks and report sales, ensuring compliance with § 30352 and § 30370.
• Access:
  • Vendors and employees must enroll in DES with a valid COE and California Ammunition Vendor (CAV) number, creating a user account with a username and password.
  • The COE holder must enroll first, followed by employees, who require approval from the COE holder or store manager.
• Functions:
  • Submit eligibility checks (Standard, Basic, or COE) and receive DOJ determinations.
  • Record and submit ammunition purchase details, including manufacturer, caliber, condition, and quantity.
  • Maintain a Frequently Sold Ammunition List to streamline transaction entries.
  • View and pay invoices for eligibility check fees ($1 for Standard/COE, $19 for Basic).
• Technical Requirements: DES requires compatible browsers (e.g., Firefox, Chrome, Internet Explorer 9+), Adobe Acrobat Reader for PDF reports, and pop-up allowances.
• Billing: Vendors are billed monthly for eligibility check fees, payable via credit/debit card, with invoices accessible for 12 months.

6. Prohibited Ammunition (Penal Code §§ 30315, 30320, 30325)

• Armor-Piercing Handgun Ammunition:
  • Possessing, manufacturing, importing, selling, or transporting handgun ammunition designed primarily to penetrate metal or armor is prohibited (§ 30315, § 30320).
  • Penalties include imprisonment (up to one year in county jail or state prison per § 1170(h)) and/or fines up to $5,000.
• Exemption: Possession is allowed if the ammunition is found and transported to law enforcement by someone not prohibited from possessing firearms or ammunition (§ 30325).

7. Exemptions from Restrictions (Penal Code §§ 30330, 30335, 30340)

• Inapplicability:
  • Regulations do not apply to military members, National Guard, police agencies, forensic labs, or permit holders under § 18900 while on duty (§ 30330).
  • Possession, sale, or transport of deactivated ammunition (propellant removed, primer deactivated) is permitted (§ 30335).
  • Manufacturing under approved state or federal contracts is exempt (§ 30340).

8. Penalties for Violations

• Misdemeanors:
  • Selling to minors or prohibited persons (§ 30300, § 30306): Up to 6 months in county jail, $1,000 fine, or both.
  • Violating licensing requirements (§ 30342), sales procedures (§ 30312), or record-keeping (§ 30365): Up to 1 year in county jail, $1,000 fine, or both.
• Infractions/Misdemeanors: Importing ammunition without vendor processing (§ 30314): Infraction for first offense, infraction or misdemeanor for subsequent offenses.
• Felony: Manufacturing, importing, or selling armor-piercing handgun ammunition (§ 30320): State prison and/or $5,000 fine.
• License Forfeiture: Breach of Articles 2 or 3 requirements may result in license forfeiture (§ 30395(c)).

9. Additional Notes

• Inspections: Since July 1, 2022, the DOJ may inspect vendors to ensure compliance with state and federal laws (§ 30345(b)).
• Ammunition Safety and Enforcement Special Fund: Fees from eligibility checks ($1 per transaction, adjustable) fund the ammunition authorization program, with a $25 million General Fund loan for startup costs (§ 30370(f), § 30371).
• Privacy: Personal information collected is protected under the Information Practices Act and may be shared with authorized entities for law enforcement or regulatory purposes (§ BOF 1021, Privacy Notice).
• Repeal and Amendments: Section 30342 is set to be repealed on January 1, 2026, with an updated version operative thereafter, adding exemptions for sales related to specific court orders (§ 30342(f)).

Conclusion

Ammunition-only vendors in California must navigate a comprehensive regulatory framework to operate legally. Obtaining a DOJ-issued license, ensuring employee COEs, conducting eligibility checks via DES, maintaining detailed records, and adhering to sales restrictions are critical for compliance. Violations can result in significant penalties, including fines, imprisonment, or license forfeiture. The provided documents (Form BOF 1021 and DES User Guide) offer practical guidance for meeting these legal obligations.