ILA | California DOJ Proposes “Emergency” Regulations Requiring Federally Compliant IDs for All Firearm and Ammunition Transfers

Yesterday, June 17, the California Department of Justice officially submitted proposed “emergency” regulations that, if adopted, would require federally compliant California driver license or identification cards whenever attempting to purchase a firearm and, beginning July 1, 2019, any ammunition in the state of California. 

California gun owners may recall that, following the adoption of Assembly Bill No. 60 (“AB 60”), a question was raised if a person with the notation “FEDERAL LIMITS APPLY” on their California issued ID would be prohibited from purchasing a firearm. Following clarification from the Bureau of Alcohol, Tobacco, Firearms and Explosives (“BATFE”), it was made clear that California licensed firearm dealers could continue to accept such licenses as valid forms of ID. 

DOJ, however, is attempting to overrule BATFE’s prior clarification by mandating all firearm and ammunition purchasers possess a federally compliant “REAL ID” or provide additional documentation such as a U.S. passport as proof of lawful presence in the U.S. What’s more, DOJ is attempting to adopt these new regulations on an “emergency” basis, thereby limiting public participation in the rulemaking process to 5 days. 

We encourage all of our members to submit comments on DOJ’s proposal. Any comments must be submitted in writing, contain a notation that the comment is for consideration by California’s Office of Administrative Law (“OAL”), identify the topic of the emergency regulations, and be submitted simultaneously to both DOJ and OAL. You can send your comments either via mail or email using the following information: 

Identification Requirements for Firearms and Ammunition Eligibility Checks 

Department of Justice                                                                   Office of Administrative Law

Bureau of Firearms                                                                         300 Capitol Mall, Suite 1250

Attn: Jacqueline Dosch                                                                    Sacramento, CA 95814

P.O. Box 160487                                                                                staff@oal.ca.gov

Sacramento, CA 95816

Emergencyregs@doj.ca.gov

Any comments should be submitted no later than June 21, 2019. 

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