Proposition 63 Background Checks on Ammo Purchases

The State of California has fair, but strict gun laws and isn’t lax on gun control regulations. For reference, Proposition 63 was passed in 2016, which further strengthened these regulations by mandating background checks for all ammunition purchases. As a result, the purpose of this pass was meant to close a perceived loophole. To expand, this loophole in question was allowing individuals, who were prohibited from owning firearms,  had the ability to purchase and acquire ammunition. Understanding the intricacies of Proposition 63 is crucial for gun owners, ammunition vendors, and anyone concerned with firearm safety in California. At KAASS LAW, serving California, we aim to provide clarity on this significant piece of legislation and its implications.

What Is Prop 63?

Proposition 63, ” is a safety-for-all-all initiative to keep guns and ammo out of the hands of violent offenders. The law attempts to close gaps to prevent the mentally ill and dangerous criminals from obtaining guns by strengthening background checks. The law also requires defendants to relinquish all firearms in their possession and/or control upon conviction”. Prior to its passing, advocates of Proposition 63 argued that this created a dangerous loophole for allowing individuals who were legally barred from owning guns to easily obtain ammunition. Therefore, the initiative went ahead and rectified this by extending the existing background check system to all ammunition sales, thereby enhancing public safety.

Key Points

Prop 63 brought several key requirements for ammunition purchases in CA, such as:

1. Point-of-Sale Background Check: all ammo vendors in CA, upon requirement,  must conduct a background check on purchasers at the point of sale. As a result, this process involves electronically submitting the buyer’s information to the California Department of Justice (DOJ) for review.
2. Database Matching: Furthermore, the DOJ then checks the buyer’s information against its existing databases of individuals that are on a “blacklist.” To elaborate further, these databases include those with felony convictions or misdemeanor cases related to domestic violence, firearms, restraining orders, and those deemed mentally unfit. 
3. Authorization/Denial: Finally, if it clears, you’re good. Otherwise, you can get a denial after the background check. 
4. Licensed Vendors: You can legally purchase ammo from licensed ammunition vendors. Private-party transfers of ammunition are also subject to background checks facilitated through a licensed vendor.
5. Record Keeping: Every purchase or sale legally needs to have a recording and or bookkeeping, including the type and quantity of ammunition sold, as well as the buyer’s information.
6. Import Restrictions: Proposition 63 also placed restrictions on the importation of ammunition into California.

Impact and Implications

Since then, there have been several significant impacts due to the passing of the prop. For starters, there has been an increased scrutiny on ammo purchases that some gun owners have been arguing. This vetting process has been challenging for gun owners and a burden on Vendors. Additionally, Proposition 63 has been subject to legal challenges, with arguments raised regarding its constitutionality and impact on Second Amendment rights.

What Gun Owners and Vendors Need to Know

For gun owners in California:

• Be Prepared: Allow extra time when purchasing ammunition, as background checks can take time.
• Ensure Accurate Information: Provide accurate and up-to-date personal information to avoid delays or denials.
• Understand Your Rights: If you are wrongly denied an ammunition purchase, understand your right to appeal the decision.
• Stay Informed: Keep abreast of any changes or legal developments related to Proposition 63.

For licensed ammunition vendors in California:

• Compliance is Mandatory: Adhere strictly to the regulations regarding background checks and record-keeping to avoid penalties.
• Training for Staff: Ensure that all employees involved in ammunition sales are properly trained on the requirements of Proposition 63.
• Maintain Accurate Records: Keep meticulous records of all ammunition transactions as required by law.
• Seek Legal Counsel: If you have questions or concerns about compliance, consult with an attorney experienced in California firearms law.

The Role of KAASS LAW in Navigating California’s Gun Laws

California’s gun laws, including Proposition 63, can be complex and challenging to navigate. At KAASS LAW, serving California, we provide legal guidance and representation to individuals and businesses dealing with firearms-related issues. Our services include:

• Consultation on Proposition 63 Compliance: Assisting ammunition vendors in understanding and complying with the requirements of the law.
• Representation in Appeal Processes: Helping individuals wrongly denied ammunition purchases navigate the appeal process.
• Guidance on Firearm Ownership and Transfers:  We can provide legal and sound advice on all aspects of CA firearm laws. 
• Defense in Firearms-Related Cases: Representing individuals facing charges related to firearms offenses.

Understanding Your Rights

At KAASS LAW, we believe that Proposition 63 represents a major importance of California’s attempt in regulating firearms and ammunition. Whether you’re a gun owner, an ammunition vendor, or simply a concerned citizen, understanding these laws is extremely important for everyone. Give us a call or contact us to your convenient preference. Our team from KAASS LAW can help and provide some type legal service and or help. Alternatively, we can also offer guidance and help navigating on understanding if you’re allowed to carry a weapon in public.