Explore The NRA Universe Of Websites

Background Check Fee Shows Even California DOJ Can’t Decipher State Gun Laws

Monday, February 3, 2020

Background Check Fee Shows Even California DOJ Can’t Decipher State Gun Laws

When a state’s lawmakers and government officials can’t even decipher the maze of gun laws they have created, it’s probably a good sign that there’s too much gun control on the books. Such is the case in California, where a recent change in state law passed by anti-gun lawmakers inadvertently lowered the cost of a “Basic Ammunition Eligibility Check” from $19 to $1. Unaware of the change until it was brought to their attention by gun rights supporters, the California Department of Justice collected the $19 fee in contravention of state law.

Since July 1, 2019, gun owners in the Golden State have been required to undergo a background check each time they purchase ammunition. The program has been a disaster. In December, the Sacramento Bee reported that tens of thousands of law-abiding Californians have been improperly denied ammunition purchases under the program, while only 101 were prohibited persons who were rejected. According to the report, “[b]etween July 1 and November, nearly one in every five ammunition purchases was rejected by the California Department of Justice.”

There are two types of “Ammunition Eligibility Checks” in California. A “Standard Ammunition Eligibility Check” cross-references an applicant’s name with the information maintained in the state’s Automated Firearm System, which is populated with information gleaned from firearm purchases, firearms registration, and concealed carry permit records. The fee for this type of check is $1. If an individual’s information is not in the AFS, the person must undergo a “Basic Ammunition Eligibility Check,” which the California DOJ describes as “a comprehensive review of its records to determine the person’s eligibility to own or possess ammunition.” The fee for this check was $19.

On October 11, 2019, Gov. Gavin Newsom signed AB 1669 into law. In order to shift how certain funds collected during firearms transfers could be used by the state, the legislation reduced the fee placed on firearms purchases in Penal Code § 28225 ($14 by statute, but raised to $19 by regulation) to $1. At the same time, the legislation created a new separate fee of $31.19. The legislation went into effect on January 1.

The drafters of the legislation and the California DOJ appear to have neglected to understand how the reduction of the first fee to $1 would impact other sections of the Penal Code.

Penal Code § 30370 makes clear that for a “Basic Ammunition Eligibility Check,”

The department shall recover the cost of processing and regulatory and enforcement activities related to this section by charging the ammunition transaction or purchase applicant a fee not to exceed the fee charged for the department's Dealers' Record of Sale (DROS) process, as described in Section 28225 and not to exceed the department's reasonable costs.

Therefore, the fee for a “Basic Ammunition Eligibility Check” is not to exceed the fee charged under Penal Code § 28225 - $1. However, after January 1 California continued to charge the improper $19 fee in violation of state law.

The National Rifle Association and California Rifle & Pistol Association have made the California Department of Justice Aware of this discrepancy.

This episode is illustrative of just how little respect anti-gun lawmakers and administrators have for gun owners. These individuals do not hesitate to impose ever more convoluted burdens on law-abiding gun owners or to punish well-meaning gun owners whose benign conduct falls just outside their byzantine regime. Yet these same people cannot be bothered to comprehend or hold themselves to the progressively ridiculous laws that they create and administer.

TRENDING NOW
Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

News  

Monday, October 12, 2026

The NFA’s New Era: What Has Changed, What Remains the Same, Items of Note

As we announced separately this week, ATF has determined that it will use its executive discretion to uniformly suspend enforcement of large portions of the National Firearms Act (NFA).

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

News  

Monday, October 12, 2026

Guardsmen’s Arrest Shows D.C. Still Lacks Common Sense, Proportionality on Guns

A lot of has changed for the better in the Nation’s Capital since Donald Trump returned to the White House. But the recent arrest of a young National Guardsman for an apparently harmless breach of ...

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

Wednesday, August 5, 2026

Federal Court Strikes Down NFA Registration Requirements for Suppressors, Short-Barreled Rifles, and Short-Barreled Shotguns in NRA Case

In another major victory for the National Rifle Association and law-abiding gun owners, the U.S. District Court for the Northern District of Texas today held that the National Firearms Act’s registration and approval requirements for ...

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

News  

Monday, November 17, 2025

Jive Turkeys: Everytown Gears Up to Spoil Thanksgiving with Gobbledygook

Thanksgiving in America isn’t just about food, family and football. According to a survey published by casino.ca (with its Great Thanksgiving Family Feud Map), the holiday typically “comes with a slice of family chaos and a touch of ...

Questions and Answers About the Texas NFA Case

News  

Monday, August 17, 2026

Questions and Answers About the Texas NFA Case

On August 12, we reported on an important development in the ongoing litigation over the National Firearms Act (NFA) filed by multiple plaintiffs in U.S. District Court for the Northern District of Texas. These included, ...

Officials Admit It: There’s No Actual Substance Behind Canadian Gun Grab

News  

Monday, October 12, 2026

Officials Admit It: There’s No Actual Substance Behind Canadian Gun Grab

A year ago, Canada’s Public Safety Minister Gary Anandasangaree admitted, in a bombshell recording with a gun owner, that the Liberal government’s “assault-style firearm” ban and confiscation program isn’t driven by public safety or gun ...

Trump Administration Issues Report Detailing Firearms Industry Debanking

News  

Wednesday, October 14, 2026

Trump Administration Issues Report Detailing Firearms Industry Debanking

Since taking office for the second time, President Donald Trump and his administration have worked to end political debanking and guarantee that all law-abiding Americans and businesses have access to financial services.

Not Your Father’s ATF: Agency Pledges Reform, Distances Itself from Biden-Harris Era

News  

Tuesday, May 27, 2025

Not Your Father’s ATF: Agency Pledges Reform, Distances Itself from Biden-Harris Era

A headline on the website of the Bureau of Alcohol, Tobacco, Firearms and Explosives appeared late in the day on May 21: “ATF Launches New Era of Reform.” According to the accompanying announcement:

Mississippi: Attorney General Issues Statement on Suppressors Following ATF Decision

Wednesday, October 14, 2026

Mississippi: Attorney General Issues Statement on Suppressors Following ATF Decision

Following the ATF's recent decision regarding the enforcement of NFA transfer guidelines, Attorney General Lynn Fitch has issued a statement that filing an ATF Form 4 for suppressor transfers is no longer mandatory in Mississippi.

MORE TRENDING +
LESS TRENDING -

More Like This From Around The NRA

NRA ILA

Established in 1975, the Institute for Legislative Action (ILA) is the "lobbying" arm of the National Rifle Association of America. ILA is responsible for preserving the right of all law-abiding individuals in the legislative, political, and legal arenas, to purchase, possess and use firearms for legitimate purposes as guaranteed by the Second Amendment to the U.S. Constitution.