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NRA Members' Councils of California

A 2006 Rand Report entitled "The Criminal Purchase of Firearm Ammunition," examined the purchase of ammunition in Los Angeles by prohibited persons. The study has prompted several cities to consider imposing ammunition sales registration through local ordinance.

The Rand Report concluded that while ammunition sales records can provide information for generating leads on illegal firearm possession, the information was not being used. The study shows that because of the tremendous manpower involved in monitoring the records and doing background checks, the Los Angeles Police Department is largely not doing so.

Ammo sales registration has been tried, and failed, before. From 1968 federal law required gun dealers to collect information on handgun ammunition purchases. The law was scrapped in 1986 when ATF testified before Congress that it was useless. In 1997, the City of Pasadena found that a similar ordinance it had on the books for several years didn't work. The records never helped police solve a crime, so Pasadena repealed the ordinance.

Significantly, the Rand study does not conclude, nor claim to prove, that violent felons or other dangerous criminals typically purchase ammunition from firearms retailers. Rather, the Rand study examines the purchase of ammunition by "prohibited purchasers"-- not the purchase of ammunition by felons, nor even necessarily "criminals." The vast majority of the prohibited purchasers detected in the Rand study were not people with felony convictions. Instead, the few prohibited persons detected by the study became ineligible to possess firearms for one of the roughly 30 other reasons (besides a felony conviction) why a person may be prohibited from purchasing ammunition. Even those persons prohibited by felony convictions cannot necessarily be categorized as violent criminals. Many felony convictions are for non-violent offenses that could be charged as either a felony or a misdemeanor. Often, a plea bargain is reached or sentence imposed that results in a person being put on probation for a felony conviction with the understanding that the conviction will be reduced to a misdemeanor, and gun rights restored, if probation is completed successfully. But criminal defense attorneys are often remiss in filing the motion necessary to reduce the charge. Many of the "felons" are mislead into thinking their conviction became a misdemeanor and their gun rights are restored automatically once they successfully complete probation.

What the Rand study actually did uncover is the state of confusion that exists concerning when a person is legally prohibited from possessing firearms. Due to the complexity of firearms laws and judges and attorneys frequently failing to inform people of this consequence, many people who are prohibited from possessing firearms or ammunition are simply unaware of their prohibited status. The law is so confusing in fact, that several years ago NRA promoted legislation to create a mechanism for people to inquire about their status clearing their record. This legislation created the "Personal Firearms Eligibility Check" program.

More information is available at www.calgunlaws.com.

C.D. Michel
TRUTANICH-MICHEL, LLP