Tuesday, April 24, 2018

Ammunition Confusion: What Are California Hunters To Do?


Hunters in California wanting to use their firearms to hunt deer, bear, and many other animals must use legal copper ammunition. With government officials doing a song and dance with our ammunition regulations and laws, purchasing hunting ammunition has become increasingly difficult and many companies simply do not want to deal with California at all. (IMHO, I believe that is EXACTLY what our CA government wants.) Confusion, ambiguity, harsh restriction, etc. (I am not a lawyer, nor am I so hard-headed that I cannot learn. If you have a better understanding of the regulations and laws, please share.) 

Hunters, like myself, have a big issue with this whole fiasco. In order to find hunting ammunition for your rifles you have to review the approved ammunition list. Then you must see if a local business with an FFL-01 of FFL-07 carries it, and if not see how you can get it through them. Why? Not all of the local companies want to carry all legal hunting ammunition for all calibers. That would involve carrying more inventory which takes up more shelf space and it doesn't move as quickly as target ammo.

According to the CA DOJ FFL regulations and the CA Penal Code, I can order ammunition and have it shipped to my FFL-03. You can read the entire section of code by clicking the link below.

CA Penal Code 30312 section 6:

PENAL CODE - PEN
PART 6. CONTROL OF DEADLY WEAPONS [16000 - 34370]
  ( Part 6 added by Stats. 2010, Ch. 711, Sec. 6. )
  
TITLE 4. FIREARMS [23500 - 34370]
  ( Title 4 added by Stats. 2010, Ch. 711, Sec. 6. )
  
DIVISION 10. SPECIAL RULES RELATING TO PARTICULAR TYPES OF FIREARMS OR FIREARM EQUIPMENT [30210 - 33690]
  ( Division 10 added by Stats. 2010, Ch. 711, Sec. 6. )
  
CHAPTER 1. Ammunition [30210 - 30395]
  ( Chapter 1 added by Stats. 2010, Ch. 711, Sec. 6. )

ARTICLE 2. Other Restrictions Relating to Ammunition [30300 - 30340]
  ( Article 2 added by Stats. 2010, Ch. 711, Sec. 6. )

(c) Subdivisions (a) and (b) shall not apply to the sale, delivery, or transfer of ammunition to any of the following:
(6) A person who is licensed as a collector of firearms pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code and the regulations issued pursuant thereto, whose licensed premises are within this state, and who has a current certificate of eligibility issued by the Department of Justice pursuant to Section 26710.

My FFL-03 (which is what the above is referencing) has his license and all paperwork up-to-date and in order in the state of California. Technically, he is able to order and accept ammunition. Even still, I cannot find a single manufacturer who is willing to do that. As a hunter, I have contacted companies asking about purchasing ammunition and having it shipped to my authorized FFL. One such company, MidwayUSA, refuses to send purchased ammunition unless my name and the FFL name matches. Originally, I was asked to send my FFL info or my order would be delayed. I scanned and sent MidwayUSA the documentation and this was the correspondence that followed. I am sharing my correspondence with their customer service staff as they refuse the CA Penal Code and CA DOJ rules and regulations. 
_________________________________________________________

Dear Albert,

Thank you for sending us a copy of the FFL-03. I apologize, but we are not able to accept this FFL, as the FFL must be in your name and must be either an 01 or 07. You may have the FFL Holder create an account with their FFL and place the order for you. The order will only ship to the FFL Holders address.

Please send us your FFL-01, FFL-07 or your Ammunition Vendor License so we may release your order. If we have not received this information within 48 hours, we will cancel your order. I apologize for any inconvenience this may have caused you.

If you have any additional questions or comments, please feel free to contact us at 1-800-243-3220. Our hours of operation are Monday through Friday 8 a.m. to 6 p.m. CST. You may also email us at customerservice@midwayusa.com.
  
Thanks for Your Business!

John 
Customer Support Representative 3 | NRA Life Member
5875 West Van Horn Tavern Rd. | Columbia, MO 65203
_________________________________________________________

Good afternoon,

Thank you for the email. To purchase online, CA DOJ requires ammunition to be shipped to an FFL. There is no specific requirement that it go to an FFL-01 or FFL-07. Simply a valid FFL. It also doesn't say that the FFL must be in my name. I am the person making the purchase and having it shipped directly to my FFL. 

Why is Midway USA unwilling to honor a valid FFL with paperwork up to date and validated by the CA DOJ?

Sincerely,
Al Quackenbush
The SoCal Bowhunter
_________________________________________________________

Dear Albert,

Thank you for your email regarding FFL's. I apologize for any confusion or inconvenience. It is MidwayUSA's policy to only accept and ship to an FFL-01, or FFL-07 holder. 

Please send us your FFL-01, FFL-07 or your Ammunition Vendor License so we may release your order. If we have not received this information within 48 hours, we will cancel your order. I apologize for any inconvenience this may have caused you.

If you have any additional questions or comments, please feel free to contact us at 1-800-243-3220. Our hours of operation are Monday through Friday 8 a.m. to 6 p.m. CST. You may also email us at customerservice@midwayusa.com.

Thanks for Your Business!

Rebecca
MidwayUSA Customer Service
_________________________________________________________

I then responded with my FFL-07, per their request…

Hello, 

My FFL-07 is [FFL Name left out as not to drag them into a public discussion]. 

Lic. # X-XX-XXX-XX-XX-XXXX

[FFL Address has been removed, but was included in the email]

Can I have my order shipped to them?

Sincerely,
Al Quackenbush
The SoCal Bowhunter
_________________________________________________________

Dear Albert,

Thank you for the email concerning shipping.  I apologize that only the actual 01 FFL holder can purchase ammunition from us as we are not able to do FFL transfers as you're suggesting.  I apologize for the inconvenience this causes you.

If you have any additional questions or comments, please feel free to contact us at 1-800-243-3220. Our hours of operation are Monday through Friday 8 a.m. to 6 p.m. CST. You may also email us at customerservice@midwayusa.com.

Thanks for Your Business!

Larry G.
MidwayUSA Customer Service
_________________________________________________________

What are we legal firearm owners to do? I followed the regulations and laws. I sent them the proper documentation. I reached out multiple times and was shot down (pun intended). I understand the companies have lawyers telling them one thing and then policies are changed. That doesn't change the fact that it's wrong.

Even reloading components are being held back by companies. Barnes and Nosler will not ship bullets to me at my home, but they will ship to an FFL-03. CA regulations allow components to be delivered, but companies don’t want the hassle. My best guess is these companies simply do not want to be scrutinized or sued by the state of California and honestly, I can appreciate the frustration. 

My suggestion for my fellow firearms enthusiasts, hunters, and reloaders is to start purchasing your ammunition now, while you can. If you reload, start ordering components and get a good supply going because the regulations are constantly changing. If things keep going the way they are, we may not be able to get components to reload either. There are people and organizations out there who want to end hunting, firearm ownership, and our constitutional right to own a firearm. Think hard and let that sink in. It’s on our doorstep and we need to fight.

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