OAUSA Net - November 16, 2023 - What To Know When Buying Firearms and Ammunition in California

[DaveK]

What To Expect When Buying Firearms and Ammunition in California

For those eligible (and those who should be eligible) to exercise their Second Amendment rights to purchase firearms and ammunition, it should not be burdensome or oppressive. Recent Supreme Court cases, you would think, would have made this apparent, but sadly, it just ain't so. For California residents, the process of buying firearms and ammunition is complicated, time consuming, expensive, oppressive, burdensome and bears little or no resemblance to the reasons used to justify them. In many cases, these laws are the subject of litigation, and until these laws and their restrictions are resolved by the highest court, or courts, compliance is not negotiable.

For those who wish to exercise their Second Amendment rights, you will need to comply with the laws, or be denied your rights. Tonight's net will be a discussion of what to expect, and how you can comply with the law, and perhaps ease some of the burden on yourself.

IMPORTANT NOTE: We are still working to keep the OAUSA Nets going, but we need to hear from everyone as to your opinion as to whether you want the nets to continue. Let me know your thoughts. My email: justicefocus@proton.me. Or, you can leave your thoughts here.

[lrsrngr]

IMPORTANT NOTE: As mentioned last week, the net staff at OAUSA is changing. If we are to continue, we MUST gauge the interest in continuing to do the nets. If there remains an appetite for the nets, we need to know, from you. Incidentally, this is not a attempt to get commitments to do nets, but just a measure of the interest in continuing to do the nets. Please use my email address to give us your input. Contact information for K6DTK: justicefocus@proton.me

https://forums.oausa.net/viewtopic.php?f=70&t=4539

Shootin' Shack

After several dozen NRA Women on Target® training sessions as a line coach and range safety officer, it is highly recommended the participants of any training, besides normal PPE, "eyes and ears", look into electronic hearing protection. There are many different styles and manufactures. Electronic hearing protection can be invaluable when receiving information without risking the common "What'd you say?" while lifting an earmuff or pulling an ear plug out as someone down the line takes a shot and catches you unprotected.

Passive hearing protection consists of foam, rubbery, wax style ear inserts and earmuffs that help to protect against the unsafe decibels of gunshot exposure. Usually, these types of hearing protection are sufficient and cost effective, as long as they are used correctly and properly fitted. These are good for most range events but when you finally decide that shooting lessons and maybe competition is going to be a bigger part of your hobby, it is highly recommended that you find decent electronic hearing devices that allow you to have a conversation when no one is shooting and has auditory cutoff when someone does fire a shot.

Pssssst, by the way, this makes a great gift!

Examples of electronic hearing protection.

Hearing Protection 01a.jpg (554.21 KiB) Viewed 8336 times

[lrsrngr]

First-Time firearm purchase in California; What to expect.

o Documents required to purchase a firearm:

• CA ID or Drivers License

Is it worth getting? For the initial inconvenience, maybe not, but in the long run it will probably pay to gitter done!

Federally Compliant.jpg (117.37 KiB) Viewed 8335 times

• Birth Certificate or Passport if above ID is not a "Real ID"; Ladies will need a Marriage Certificate if their last name is not the same as their Birth Certificate

• Firearm Safety Certificate (FSC); You will need a Firearm Safety Certificate to purchase a firearm unless you have some form of exemption; FSC Study Guide https://oag.ca.gov/sites/all/files/agwe ... /hscsg.pdf

• Second proof of residence (handgun purchases & address discrepancies); Utility Bill under normal circumstances or a government issued document like CA DMV Registration for discrepancies

• You are required to fill out "Section B" of the ATF 4473; https://www.atf.gov/firearms/docs/4473- ... 9/download

o There are notable differences between shops and getting references from friends and family could help you chose the right place to buy or transfer a firearm.

o Leave yourself plenty of time to complete the process.

Section B - Must Be Completed Personally By Transferee/Buyer

9. Transferee’s/Buyer’s Full Name (If legal name contains an initial only, record the initial followed by “IO” in quotes. If no middle initial or name, record “NMN”.)

10. Current State of Residence and Address (U.S. postal abbreviations are acceptable. Cannot be a post office box.)
Last Name (including suffix, e.g., Jr, Sr, II, III) First Name Middle Name
Number and Street Address
City
Reside in City Limits? Yes No Unknown
State
ZIP Code
County/Parish/Borough

11. Place of Birth

12. Height U.S. City and State -OR-Foreign Country Ft. In.

13. Weight

14. Sex

15. Birth Date (lbs.) Male Month Day Year Female Non-Binary

16. Social Security Number (optional, but will help prevent misidentification)

17. Unique Personal Identification Number (UPIN) or Appeals Management Database Identification (AMD ID) (if applicable)

18.a. Ethnicity Hispanic or Latino Not Hispanic or Latino

18.b. Race (Select one or more race in 18.b. Both 18.a. and 18.b. must be answered.) American Indian or Alaska Native Black or African American White Asian Native Hawaiian or Other Pacific Islander

19. Country of Citizenship: (Check/List more than one, if applicable. Nationals of the United States may check U.S.A.) United States of America (U.S.A.)
Other Country/Countries (Specify):

20. If you are an alien, record your U.S.-issued alien or admission number (AR#, USCIS#, or I94#):

21. Answer the following questions by checking or marking either the “yes” or “no” box to the right of the questions:

a. Are you the actual transferee/buyer of all of the firearm(s) listed on this form and any continuation sheet(s) (ATF Form 5300.9A)? Warning: You are not the actual transferee/buyer if you are acquiring any of the firearm(s) on behalf of another person. If you are not the actual transferee/buyer, the licensee cannot transfer any of the firearm(s) to you. Exception: If you are only picking up a repaired firearm(s) for another person, you are not required to answer 21.a. and may proceed to question 21.b.

b. Do you intend to sell or otherwise dispose of any firearm listed on this form and any continuation sheet(s) in furtherance of any felony or other offense punishable by imprisonment for a term of more than one year, a Federal crime of terrorism, or a drug trafficking offense?

c. Are you under indictment or information in any court for a felony, or any other crime for which the judge could imprison you for more than one year, or are you a current member of the military who has been charged with violation(s) of the Uniform Code of Military Justice and whose charge(s) have been referred to a general court-martial?

d. Have you ever been convicted in any court, including a military court, of a felony, or any other crime for which the judge could have imprisoned you for more than one year, even if you received a shorter sentence including probation?

e. Are you a fugitive from justice?

f. Are you an unlawful user of, or addicted to, marijuana or any depressant, stimulant, narcotic drug, or any other controlled substance? Warning: The use or possession of marijuana remains unlawful under Federal law regardless of whether it has been legalized or decriminalized for medicinal or recreational purposes in the state where you reside.

g. Have you ever been adjudicated as a mental defective OR have you ever been committed to a mental institution?

h. Have you ever been discharged from the Armed Forces under dishonorable conditions?

i. Are you subject to a court order, including a Military Protection Order issued by a military judge or magistrate, restraining you from harassing, stalking, or threatening your child or an intimate partner or child of such partner?

j. Have you ever been convicted in any court of a misdemeanor crime of domestic violence, or are you or have you ever been a member of the military and been convicted of a crime that included, as an element, the use of force against a person as identified in the instructions?

k. Have you ever renounced your United States citizenship?

l. Are you an alien illegally or unlawfully in the United States?

m.1. Are you an alien who has been admitted to the United States under a nonimmigrant visa?

m.2. If you answered “Yes” to question 21.m.1, do you fall within any of the exceptions stated in the instructions?

n. Do you intend to sell or dispose of any firearm(s) listed on this form or any continuation sheet(s) to any person described in questions 21(b)-(l) or to a person described in question 21.m.1 who does not fall within a nonimmigrant alien exception?

I certify that my answers in Section B are true, correct, and complete. I have read and understand the Notices, Instructions, and Definitions on ATF Form 4473. I understand that answering “yes” to question 21.a. if I am not the actual transferee/buyer is a crime punishable as a felony under Federal law, and may also violate State and/or local law. I understand that a person who answers “yes” to any of the questions 21.b. through 21.l. as well as 21.n. is prohibited from receiving, possessing, or purchasing a firearm. I understand that a person who answers “yes” to question 21.m.1. is prohibited from receiving or possessing a firearm, unless the person answers “yes” to question 21.m.2. and provides the documentation required in

26.d. I also understand that making any false oral or written statement, or exhibiting any false or misrepresented identification with respect to this transaction, is a crime punishable as a felony under Federal law, and may also violate State and/or local law. I further understand that the repetitive purchase of firearms for the purpose of resale to predominantly earn a profit without a Federal firearms license is a violation of Federal law.

22. Transferee’s/Buyer’s Signature

23. Certification Date Month Day Year

[lrsrngr]

You say you want to buy ammunition to feed your firearm?

In 2015 all firearm purchases began to be registered to the individual by make, model and serial number. With this electronic data collection, CA was able to later implement two distinct ways to purchase ammunition.

1. If you did not have a registered firearm in the 2015-present "system" you would have to undergo a "background check" that cost $19.00 and is necessary every time ammunition is purchased. It is not a "cash and carry" solution and typically involves hours if not days waiting for the purchase to clear.

2. If you have a registered firearm between 2015 and present a $1.00 background check can be done. The following is needed for this purchase:

• CA ID (see requirements concerning real vs. Federal Limits Apply above)

• Birth certificate or passport it is a "Federal Limits Apply" ID and additional name change documentation

• You will be denied if the ID used for the ammunition purchase and the address used to register the LAST firearm purchased are different; some shops will input the correct address while other shops have a policy of only using information found on the identification

More straight from the CA DOJ website:

Ammunition Purchase Authorization Program

https://oag.ca.gov/firearms/apap

Home Firearms Ammunition Purchase Authorization Program
Effective July 1, 2019, persons seeking to purchase or transfer ammunition will have to undergo an eligibility check, and be approved by the Department, prior to the sale or transfer, except as otherwise specified. Departmental approval shall occur electronically through a licensed ammunition vendor. Pursuant to Penal Code sections 30352 and 30370, the Department will determine that a person is eligible to purchase or transfer ammunition if they meet one of the following requirements:

The person has a current Certificate of Eligibility issued by the Department

The person’s information matches an entry in the Automated Firearms System (name, date of birth, current address, and driver license or other government identification) and does not fall within a class of persons who are prohibited from owning or possessing ammunition. The Department shall make this determination by cross-referencing the Prohibited Armed Persons file (also known as the Armed and Prohibited Persons System).

The person is not prohibited from purchasing or possessing ammunition. The Department determines eligibility based on a comprehensive review of its records (similar to a firearm eligibility check).

Please note: this eligibility check requires a manual review of records by a Department analyst. As such, the Department may take longer to respond with a determination as to eligibility. Response times may take several days. Persons will have the ability to check the status of their eligibility check through the Ammunition Eligibility Check Status and Information page (available July 1, 2019).

The person was approved by the Department to receive a firearm from the ammunition vendor, pursuant to Penal Code section 28220, if that vendor is a licensed firearm dealer, and the ammunition is delivered to the person in the same transaction as the firearm. In this scenario, the dealer will use the approved firearm eligibility check as the approval to purchase ammunition, and will submit the ammunition purchase to the Department during the delivery of the firearm.

Establishing a Record in the Automated Firearms System
The Automated Firearms System is a repository of firearm records maintained by the Department, as established by Penal Code section 11106. The Automated Firearms System is populated by way of firearm purchases or transfers at a California licensed firearm dealer, registration of assault weapons (during specified registration periods), an individual’s report of firearm ownership to the Department, Carry Concealed Weapons Permit records, or records entered by law enforcement agencies.

To establish an Automated Firearms System record, you may take one of the following actions:

Record ownership of a firearm you possess, but were not previously required to report, by submitting a Firearm Ownership Report to the Department.

If your last firearm purchase of a long gun was prior to January 1, 2014, there is a possibility you may not have a record in the Automated Firearms System despite having purchased or transferred your firearm through a firearms dealer. The Department was statutorily prohibited from retaining information regarding sales of rifles or shotguns prior to January 1, 2014. As a result, records of rifles and shotguns in the Automated Firearms System prior to January 1, 2014, are limited to assault weapon registrations (Pen. Code, § 30500, et seq.), voluntary reports of ownership, and other records entered by the Department and California law enforcement agencies.

You may submit the Firearm Ownership Report through the California Firearms Application Reporting System (CFARS). For more information regarding this process please visit the Firearms Reporting and Law Enforcement Release Application page.

Record ownership through a purchase or transfer of a firearm from a licensed firearm dealer in California.

Updating a Record in the Automated Firearm System

Effective July 1, 2019, persons with an outdated Automated Firearms System record will have the ability to update personal information (name, date of birth, Identification number/type, and current address) on their Automated Firearm System record via the CFARS. Please refer to the Department’s Automated Firearms System Personal Information Update page for more information regarding this process.

Automated Firearms System Personal Information Update page: https://oag.ca.gov/firearms/afspi

Ammunition Purchases or Transfers Regulations: https://oag.ca.gov/firearms/regs
Ammunition Purchases Frequently Asked Questions: https://oag.ca.gov/firearms/apfaqs

[lrsrngr]

Private Party Transfers and other general information

Just like selling a car, it is crucial to move the firearm from your ownership to buyer's. To do this you can go to a shop that provides the private party transfer service to put the make, model and serial number into the other party's name. Most shops will charge $37.19 for state's Dealer Record of Sale or DROS, and $10.00 for the shop's time.

The process is very similar to the purchase of a new firearm although some things are different. The 10-day waiting period is the same along with the purchaser's information requirements and documentation. At the present time, PPTs do not count against the 1 in 30-day purchase of a handgun or semiautomatic, centerfire, box fed, firearm.

Frequently Asked Questions: https://oag.ca.gov/firearms/pubfaqs#3

[Voodoo Blue 57]

Early Checkin Please

[Geoff]

Please check me in tonight.

[DaveK]

PACTOR UPDATE

It's only been 10 years, but it has fianlly happened. The FCC finally approved the use of P4 modems. Here is what the ARRL reported:

11/13/2023
ARRL The National Association for Amateur Radio® reports that earlier today, the FCC Commissioners unanimously voted to amend the Amateur Radio Service rules to replace the baud rate limit on the amateur HF bands with a 2.8 kHz bandwidth limit to permit greater flexibility in data communications.

“The Federal Communications Commission today adopted to incentivize innovation and experimentation in the amateur radio bands by removing outdated restrictions and providing licensees with the flexibility to use modern digital emissions,” announced the FCC.

Even with the limitations of the P3 modems, these are the pictures that I have been able to send back to family and OAUSA members to be posted on the website. With the addition of P4 modems the speed of transmissions for both emails and pictures is 2 to 3 times faster, and close to what we experience at home.

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Airmail Picture 2.JPG (50.39 KiB) Viewed 8320 times

Airmail Picture 3.JPG (44.3 KiB) Viewed 8320 times

[mudman]

Please check in KI7SDI

[ModernWarrior]

Checking in.