Title 11, Division 5, Chapter 11 of the California Code of Regulations [1] implements the ammunition vendor regulations mandated by Proposition 63 (2016) and codified at Penal Code Sections 30300-30395. These regulations established a comprehensive framework for ammunition sales that took effect on July 1, 2019.
Vendor Licensing
Any person or entity selling more than 500 rounds of ammunition per month must obtain an ammunition vendor license from the DOJ [2]. Licensed firearms dealers are automatically authorized as ammunition vendors. The license must be renewed annually. Vendors must maintain records of all ammunition sales and transmit transaction data to the DOJ.
Point-of-Sale Background Checks
Every ammunition purchase requires a point-of-sale eligibility check conducted through the DOJ's Ammunition Purchase Authorization system. There are two authorization tiers:
- Standard authorization ($1 fee): For purchasers whose information matches an existing entry in the Automated Firearms System (AFS), indicating prior lawful firearm ownership recorded in California. This check typically returns results within minutes.
- Basic authorization ($19 fee): For purchasers not in the AFS database or whose information does not match. This requires a more extensive background check against DOJ databases and may take up to 10 business days.
Prohibited Transactions
The regulations prohibit ammunition sales to persons under 21 years of age (with limited exceptions for active military and law enforcement), persons convicted of felonies, persons subject to restraining orders, and other prohibited categories mirroring firearm prohibitions. Vendors may not sell or transfer ammunition to any person who fails the background check.
Out-of-State Purchases
California residents may not purchase ammunition from out-of-state vendors for direct shipment to their home. All ammunition entering California must be shipped to a licensed ammunition vendor, who then conducts the point-of-sale eligibility check before releasing the ammunition to the purchaser. This requirement applies to internet and mail-order purchases.
Record-Keeping
Vendors must record the purchaser's name, date of birth, current address, driver's license or identification number, the date of the transaction, the brand, type, and quantity of ammunition purchased, and the transaction identifier. Records must be retained for a minimum of five years and made available to the DOJ upon request.
Excise Tax Collection (AB 28)
Since July 1, 2024, ammunition vendors are required to collect and remit an 11% excise tax on the retail sale of ammunition under AB 28 (the Gun Violence Prevention and School Safety Act) [3]. The tax is administered by the California Department of Tax and Fee Administration (CDTFA) and is separate from standard sales tax. Vendors must register with the CDTFA and file quarterly returns. Retailers with less than $5,000 per quarter in total covered sales (firearms, precursor parts, and ammunition combined) are exempt.
Constitutional Challenge and Vendor Compliance Implications
The constitutionality of the ammunition background check system is under active legal challenge in Rhode v. Bonta. On July 24, 2025, a Ninth Circuit three-judge panel struck down the system, holding it violates the Second Amendment [4]. However, on December 2, 2025, the Ninth Circuit granted en banc rehearing, vacating the panel opinion [5]. The U.S. Department of Justice and a 25-state coalition have filed amicus briefs supporting the challenge [6]. En banc oral arguments are scheduled for March 25, 2026.
During the en banc proceedings, all existing vendor obligations remain fully in effect. Vendors must continue to conduct point-of-sale eligibility checks, maintain records, and transmit transaction data to the DOJ. Vendors who fail to comply risk license revocation and criminal penalties regardless of the pending challenge. If the en banc court ultimately strikes down the background check requirement, the DOJ would issue updated guidance on vendor compliance obligations.
See also: Buying Ammunition in California After Prop 63
See also: Rhode v. Bonta: Ammunition Background Check Challenge