November 29, 2016

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California Gun Laws - Prop 63

California Proposition 63, the Background Checks for Ammunition Purchases and Large-Capacity Ammunition Magazine Ban Initiative, was on the November 8, 2016, ballot in California as an initiated state statute. It was approved.

Requirements to buy ammo

Proposition 63 was designed to require individuals who wish to purchase ammunition to first obtain a four-year permit from the California Department of Justice. The measure required dealers to check this permit before selling ammunition.[1] California enacted legislation in July 2016 that repealed this provision and instead mandated dealers to check with the Department of Justice to determine if the buyer is authorized to purchase.

Licenses to sell ammo

In July 2016, California enacted legislation to regulate the sale of ammunition. The legislation required individuals and businesses to obtain a one-year license from the California Department of Justice to sell ammunition. Hunters selling 50 rounds or less of ammunition per month for hunting trips were not required to obtain a license

Proposition 63 established a misdemeanor penalty for failing to follow these dealer licensing requirements.

Large-capacity magazines

California banned large-capacity magazines for most individuals in 2000. Individuals who had large-capacity magazines before 2000 were allowed to keep the magazines. Proposition 63 removed the ownership exemption for pre-2000 owners of large-capacity magazines. The measure provided for charging Individuals who do not comply with it with an infraction.

Court removal of firearms

Proposition 63 enacted a court process that attempts to ensure prohibited individuals do not continue to have firearms. The measure required courts to inform individuals prohibited from owning a firearm that they must turn their firearms over to local law enforcement, sell their firearms to a licensed dealer, or give their firearms to a dealer for storage. Proposition 63 also required probation officers to check and report on what prohibited individuals did with their firearms.

Out-of-state purchases

Starting in July 2019, the July 2016 legislation would have prohibited most California residents from purchasing ammunition outside the state and bringing it into the state without first having it delivered to a licensed dealer. Proposition 63 moved up the start date of this law to January 2018. It also made bringing out-of-state ammunition into the state without first delivering it to a dealer an infraction.

Reporting theft

The measure required dealers of ammunition to report a theft or loss within 48 hours. It required individuals to report a theft or loss within five days to local law enforcement. Failure to report is considered an infraction under the initiative.

Penalty for theft

Proposition 47 of 2014 made stealing an item that is valued at less than $950 a misdemeanor. Therefore, stealing a gun valued at less than $950 was a misdemeanor.

Proposition 63 made stealing a gun, including one valued at less than $950, a felony punishable by up to three years in prison.

https://ballotpedia.org/California_Proposition_63,_Background_Checks_for_Ammunition_Purchases_and_Large-Capacity_Ammunition_Magazine_Ban_(2016)


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