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Old December 1, 2017, 12:38 AM   #21
62coltnavy
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Join Date: February 1, 2011
Posts: 353
Metal God: The "background check" required to purchase ammo is NOT a NICS check, it is a computer check to see if the buyer's name appears in CALIFORNIA's APPS (Armed Prohibited Persons System) list. It takes seconds and there is no "waiting period." As to NICS in general, California does run a NICS check for firearms purchases, but that is only a part of the background check performed by the DOJ. California also looks at state databases for convictions, TROs, GVROs, involuntary mental health holds, etc. Much is automated, and approximately 20% of all checks are processed within seconds, the majority take a few days, and the remainder take as long as 10 days. This is all detailed in the briefs in the pending appeal.

As an aside, the California waiting period was enacted due to the difficulty in days past of completing the background check faster (pre-NICS). It was only in the recent law suit that the State suddenly (and with no authority from the legislative history) declared that the 10 day wait is a "cooling off period," a period that is entirely irrelevant to people who own guns. Further, although the trial court, on the evidence presented, overturned the waiting period in part, but the Ninth Circuit reversed, and in doing so completely ignored the trial court's findings of fact. A petition for certiorari is pending before SCOTUS, but after denials in Kolbe and Norman, and even though the petition points out that there is no consistence between the circuits as to the proper standard of review, the chances the Supremes will hear the case are limited.

The part I don't know about is how out of state residents will be able to purchase ammunition if they come here to hunt or compete.

The part of the law that has been delayed is the licensing scheme. In order to issue licenses to buyers (which will simplify the purchasing process), the DOJ has to build a brand new computer system (for which it has borrowed $150 million against the anticipated revenues of $500 million) and then process approximately 10 million applications with required background checks.

As of January 1, 2018, in order to purchase ammo, you must present a photo ID. The dealer is required to record (and report weekly) the amount and caliber of the ammunition purchased, along with your name, age, address and photo ID license number. An APPS check will be performed. Ammo prices will rise to account for the time lost to fulfilling these requirements. Further, all ammo must be behind a counter or under lock and key accessible only to the vendor. Muy local Sportsman's Warehouse will be installing locking glass over all of its ammo shelves, and someone will have to wait on you.

Last edited by 62coltnavy; December 1, 2017 at 12:54 AM.
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