Please note:Twenty-five states currently have at least one qualified alternative permit, which under the Brady Act allows the permit-holder, who has undergone a background check to obtain the permit, to purchase a firearm from a licensed dealer without a separate additional background check for that transfer. The number of NICS checks in these states does not include these legal transfers based on qualifying permits and NSSF does not adjust for these transfers. Recently, the states of Alabama and Michigan had law changes that affected their Brady Law standing which removed qualifying alternate permits usage for firearm transactions. These changes went into effect July 22, 2019 for Alabama, and March 3, 2020 for Michigan. In May 2020, Alabama state’s NSSF-adjusted NICS was 298.0 percent higher than May 2019, which accounts for an additional 38,877 checks over this time last year. May 2020 NICS numbers for Michigan were up 297.5% over May 2019 and account for an additional 48,097 checks.
The adjusted NICS data were derived by subtracting out NICS purpose code permit checks and permit rechecks used by states for CCW permit application checks as well as checks on active CCW permit databases. NSSF started subtracting permit rechecks in February 2016.
Though not a direct correlation to firearms sales, the NSSF-adjusted NICS data provide an additional picture of current market conditions. In addition to other purposes, NICS is used to check transactions for sales or transfers of new or used firearms. It should be noted that these statistics represent the number of firearm background checks initiated through the NICS. They do not represent the number of firearms sold or sales dollars. Based on varying state laws, local market conditions and purchase scenarios, a one-to-one correlation cannot be made between a firearm background check and a firearm sale.
California Implementing Major Changes for Firearm Industry Multiple Regulations and Bans take effect on July 1st
Only July 1st, 2019 the State of California will prohibit lead ammunition for hunting, establish new identification requirements to purchase ammunition and/or firearms and implement “phase 2” of Proposition 63 (new ammunition requirements).
What you need to know:
Traditional Ammo Ban for Hunting
Beginning on July 1st, California will become the first state in the nation to require nonlead, or alternative, ammunition for all firearms-related hunting. Alternative ammunition has been required for waterfowl hunting nationwide since 1991.
California’s phase-in of alternative ammunition for hunting originated with state legislation signed into law in 2013. In 2015, the California Fish and Game Commission adopted regulations to phase in the requirement over time with full implementation July 1, 2019.
The alternative ammo requirement includes hunting on public land, private property and licensed game bird clubs, and applies to rifles, shotguns, pistols and muzzleloaders in any gauge or caliber for the take of any legal species. The alternative ammo requirement extends to the legal take of nongame birds and mammals and includes firearms used for depredation to take species causing property damage.
The requirement does not apply to hunting with pellet rifles. Since pellet rifles are not classified as firearms, the use of traditional pellets is allowed. Traditional ammunition is allowed for target shooting where that activity is permitted.
The first California hunting seasons impacted by the traditional ammunition ban include the general rabbit season, which opens statewide July 1, and the A Zone general deer season, which opens Aug. 10 along much of the California coast.
Last week the Department of Justice in California issued proposed “emergency” regulations establishing identification Requirements for Firearms and Ammunition Eligibility Checks by mandating all firearm and ammunition purchasers possess a federally compliant “REAL ID” or provide additional documentation of lawful presence in the U.S. California. Californians wishing to purchase a firearm or ammunition will need to obtain a “REAL ID” from the CA DMV or provide secondary identification at the time of purchase such as:
If a person doesn't have a REAL ID, buyers are required to provide documentation, in conjunction with their non-REAL ID, showing they're legal citizens and are allowed to possess a firearm and/or ammunition. Acceptable forms of documentation include:
(1) Valid, unexpired U.S. passport or passport card.
(2) Certified copy of U.S. birth certificate.
(3) U.S. Certificate or Consular Report of Birth Abroad of a U.S. Citizen.
(4) Valid, unexpired foreign passport with valid U.S. immigrant visa and approved Record of Arrival/Departure (I-94) form.
(5) Certified copy of birth certificate from a U.S. Territory.
(6) Certificate of Naturalization or U.S. Citizenship.
(7) Valid, unexpired Permanent Resident Card.
If a person's name is different between the driver's license and the documentation they provide, the applicant has to prove there was a name change.
Acceptable documents include:
(1) An adoption document that contains the legal name of the applicant as a result of the adoption.
(2) A name change document that contains the applicant’s legal name both before and, as a result of, the name change.
(3) A marriage certificate.
(4) A dissolution of marriage document that contains the legal name of the applicant as a result of the court action.
(5) A certificate, declaration or registration document verifying the formation of a domestic partnership.
(6) A dissolution of domestic partnership document that contains the legal name of the applicant as a result of the court action.
New Ammo Regulations – “Eligibility Checks”
Also beginning on July 1st, California will implement new ammunition regulations for all transfers made in the state. A DOJ point of sale standard eligibility check costing $1 or a $19 basic eligibility check will be required for all sales.
Pursuant to Penal Code sections 30352 and 30370, the Department of Justice 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.
In a nutshell, DOJ will determine eligibility through two types of checks:
Standard Eligibility Check - $1
If an individual has a valid Certificate of Eligibility (COE).
If an individual has an Automated Firearm System (AFS) record and the information on their ID matches the information (name, address etc.) in the AFS and has not changed.
Basic Eligibility Check - $19
If an individual does not have a COE isn’t in the AFS or the information in the AFS doesn’t match their ID.
This is a manual check and could take up to 10 days.
This option requires the vendor to collect the purchasers name, date of birth, current address, gender, hair color, eye color, height, weight, driver license or other government identification number, telephone number, United States citizenship status, federal Alien Registration Number or I-94, place of birth, alias name(s), and race.
*Non-California residents without a COE may be ineligible to purchase ammunition. According to DOJ, they cannot determine whether or not a non-resident is prohibited from purchasing or possessing ammunition.
Record Keeping Requirements:
Starting July 1, 2019, all California ammunition vendors must record information on a DOJ form before selling or transferring ownership of ammunition. The forms must be kept no less than 5 years.
Private Transactions:
Licensed vendors are required by law to process private party ammunition transactions and cannot refuse to process in-person private party ammunition transfers but vendors may also charge a fee for the service to the purchaser. If the purchaser is present for immediate delivery, licensed vendors can charge the purchaser no more than $5. If the purchaser is not present for the immediate delivery, vendors may charge an additional “storage” fee as agreed upon with the purchaser prior to the vendor receiving the ammunition (there isn’t a cap).
The newly adopted regulation adopts chapter 13, sections 4350-4353, which can be found within Title 11 of the California Code of Regulations (CCR). The full text of the adopted regulations can be found here.
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