Sheriff D'Agostini says DOJ "less than honest" about new ammunition vendor licenses

12/29/17 10:45PM Update: Press releases and letters between Sheriff D'Agostini and Robert D. Wilson, California Deputy Attorney General were exchanged today after South Tahoe Now first posted this story. The Sheriff has suggested that the Department of Justice has not been honest with their response to the media about the situation.

From Sheriff D'Agostini: "On December 29, at approximately 4:35 p.m. I received an email from Chris Puehse, owner of Foothill Ammunition, an ammunition vendor in El Dorado County. The email was a forward from the California Department of Justice stating the following:

Ammunition regulations from the California Department of Justice are in the final stage of approval, which is expected in early January. The Department has processed applications from vendors and will issue licenses once the regulations are approved.

I immediately telephoned Deputy Attorney General, Robert Wilson to inquire about the discrepancy between what was told to the media, what was told to me and what is now being told to the ammunition vendors who are just trying to comply with the law. I was advised by DAG Wilson that there was a misunderstanding and that the regulations had not been reviewed and approved by the Department’s “Office of Administrative Law” (OAL) and no licenses had been issued. He advised he would be personally walking the regulations through with the OAL first thing Tuesday, January 2, 2018 hoping that the regulations would be approved and the licenses could be issued shortly after that.

When asked what businesses that sold ammunition were supposed to do until then, I was advised they would have to only “shut their doors” for a few days until the licenses were issued giving no definitive date DOJ is willing to be accountable to. I advised him this was unacceptable and again requested Attorney General Becerra issue a stay until such regulations were completed and licenses issued.

I am releasing this information via press release because it needs to be documented that the California Department of Justice had been less than honest with the people of California regarding this issue, has had since November of 2016 to draft and finalize the regulations for this law and have failed to do so in a timely manner and even though a remedy exists, will again fail the people of California and force law abiding citizens to choose between being criminals or not providing for their families. Affecting livelihoods with a flippant “trust us” attitude is unacceptable from public servants."

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On January 1, 2018, all people or businesses that sell more than 500 rounds of ammunition in any 30-day period must have a valid ammunition vendor license in California.

Chris Puehse, who has owned Foothill Ammo in Cameron Park since 2015, applied for his license in November and paid his $198 fee, but when he hadn't received a license by December 26, El Dorado County Sheriff John D'Agostini stepped in and wrote a letter to Attorney General Xavier Becerra to find out where it was.

And it wasn't just D'Agostini who helped Puehse. The Gunowners of California and California Rifle and Pistol Association did as well.

Licensed gun dealers didn't have to wait for the new permit as they had already been required to carry one.

"Have nothing yet, but they told me I'd have it electronically on January 1," said Puehse when South Tahoe Now contacted him on December 29 at 1:30 p.m.

According to the California Department of Justice Bureau of Firearms they have received and processed more than 225 applications for the new licenses since July 2017. They posted on their website that they expect to issue a license by December 29, 2017, to each vendor that timely submitted a complete application (on or before December 21, 2017).

D'Agostini's letter:

“Last November, 2016, Proposition 63 was passed by the voters of California. Part of the new law requires that ammunition vendors obtain an Ammunition Vendor License from your office by January 1st of 2018 in order to be able to continue to sell ammunition.

It has come to my attention from an ammunition vendor in my county that as of January 1st, 2018, he will no longer be able to receive ammunition shipments from his ammunition suppliers because he does not have an Ammunition Vendor License. He has been in contact with your Bureau of Firearms and has submitted all his applications and fees.

Unfortunately, he has been told by your Bureau of Firearms, as recently as yesterday, December 26th, 2017, that his Ammunition Vendor License has not been issued and there is no expected time when such license will be issued. Due to your offices inability to comply with this regulatory scheme, his business and his livelihood are at great risk.

I am requesting that you stay the enforcement of this law immediately and keep such stay in place until such a time that your staff can comply with the regulatory scheme set up in the law and then provide enough time for businesses to become compliant with such a scheme.

I would also request, through a media release for expediency, that you advice all such businesses in the state and also all ammunition suppliers of such stay so all can remain in business.

With Urgency,
John D’Agostini
El Dorado County
Sheriff~ Coroner~ Public Administer”