Introduction to 300 Blackout Ammo
The .300 Blackout round, also known as 7.62x35mm, was developed in the US by the defense company Noveske Rifle Works in 2011, with the idea of creating a more versatile and more manageable 30 caliber round, that would exchange more efficiently with the .223 Remington, commonly known as the .556 in US military use.
According to Noveske, the idea was that it would achieve "more energy [with] less recoil on target," an ability that would make it more suitable for shooting at ranges closer than 100 yards. In this, the .300 Blackout round is said to have achieved its purpose, at least according to those pressing the round on behalf of the firearm industry.
But the .300 Blackout is not the only round that Noveske proposed. Instead, they were granted a patent on a new range of ammunition types, which include a large variety of calibers. The Army approved the development of .300 AAC Blackout and .300 Whisper for the Silencers, Infrared Laser & Night Sight Integrated Weapon System(SILINAS) program, which eventually fell through, as gun owners began to express concerns about firearm noise, particularly in urban areas .
The .300 AAC Blackout, a .30 caliber cartridge similar in size to the design of the .223 Remington, remained, as did the .300 Whisper. The .300 Blackout is designed for the range of 16-20" rifle designs, offering more than adequate power while still allowing greater range than can be obtained with the .556. In the years that have passed since it was first developed, the 300 Blackout has become increasingly popular.
Its popularity has expanded as a response to the growing number of suppressors available for .223 Remington rifles, appealing largely due to effectiveness and to the fact that it is legal to own suppressors in many states. A suppressor on a .223 Remington rifle, by comparison, makes a loud "pop." Whereas, these suppressed 300 Blackout rounds are essentially silent. This has been the lens through which states that had previously banned suppressors have begun to change their laws. For example, Illinois has made concessions that allow suppressor purchases, with the idea that the 300 Blackout round may be more silent than a hunting rifle or hand gun.
California Firearms Laws: Introduction
California has some of the most stringent gun regulations in the United States. For example, both handguns and long guns must be registered with the government. Furthermore, in recent years, regulations like the Assault Weapons Control Act (AWCA) and the Unsafe Handgun Act (UHA) have broadened the scope of prohibited firearms, ammunition types, and configurations. For example, the AWCA regulates not only semiautomatic and manually operated rifles, but also so-called "assault weapons," which include (so treated) the vast majority of semiautomatic firearms that hold a detachable magazine. The AWCA also makes certain ammunition types such as tracers or large caliber armor piercing ammunition unlawful to possess.
Recent changes have also affected handguns, container-approved pistols, revolvers and many pre-approved revolvers, pistols, and handguns in order to drive the market and consumer demand into weapons with micro-stamping that can be used to trace bullets back to the weapon from which they were fired. In addition to regulated handguns, recent legislation has made it illegal to possess so-called "assault weapons," which are also regulated under the AWCA. So-called "large-capacity magazines" are also illegal under the AWCA. Large-capacity magazines are any magazine that has a capacity of 10 rounds or more. Many other types of magazines are also illegal under the UHA.
If you’re a resident of California, and a gun owner, it is imperative that you remain aware of all these laws and evolving legislation and regulations. Failure to comply with these laws could lead to serious criminal penalties.
Blackout and its California Restrictions
California’s specific laws regarding the 300 Blackout incorporate the general restrictions on ammunition in the state.
In practice, the 300 Blackout, like other centerfire aftermarket ammunition, is permitted for sale, purchase, and use. However, it is not an exemption to any of the State’s laws, including laws pertaining to background checks, the Gun Violence Restraining Order, Firearm Safety Certificates, Assault Weapons, high-capacity magazines, and others.
It should be noted, however, that because many "Blackout" or "AAC" variations of this caliber appear on the banned list of ammunition specified within California Penal Code § 30315, which means they are not permitted for purchase, sale, production, importation, and lending within the state. The same may also apply to experimental or military "Blackout" calibers. So check your ammunition before you purchase it in California.
Legally Buying and Owning 300 Blackout in California
The sale and possession of ammunition is notoriously complex. Yet, with the 300 Blackout, the legality of ownership is fairly straightforward.
Under CA Penal Code § 12316, subdivision (d), ammunitions ".50 BMG caliber or less" are legal; this definition includes 300 Blackout. There are no additional restrictions on caliber. As a result, it is legal for a resident with no prohibition on firearm possession under local, state, or federal law to buy, own, and shoot Blackout ammunition in California.
California does not implement any mandatory ammunition permits, licenses, or background checks beyond federal requirements. The state does not limit the amount of ammunition a licensed individual can purchase at a given moment. Although, as I’ll discuss below, those with a curtailment on firearm rights are subject to restriction on ammunition purchases.
Purchasing limits per transaction are a different story. Starting Jan. 1, 2018, ammunition buyers must first obtain an ammo vendor-issued permit. Each buyer then has to establish their identity: if the individual holds and FBI number, this will suffice. Alternatively, state ID numbers on CA driver licenses, CA ID cards, and military IDs may be used. Since the 300 Blackout is a legal caliber, there is no additional hurdle to its acquisition via retail purchase.
At this time, CA’s Department of Justice has issued seven ammunitions vendor-issued permits. These are:
Each of these vendors can be found on the CA Department of Justice’s website. However, you should know that if a vendor is not listed, its permit may still be valid. Only the DOJ can revoke or suspend the permits. Further, there are very few options for vendors to sell or purchase ammunition on the internet. Out-of-state vendors, for example, cannot ship directly to CA residents without going through an ammo vendor.
Note: "ammunitions dealer only" permits do not authorize ownership of ammunition. Rather, these licenses may not have been updated since the passage of the more recent and restrictive law.
In addition to proof of identity, a transactional receipt must be generated by the seller. Records must be kept for a minimum of five years. Sellers must submit their compliance results on a monthly basis, even if they made no sales during a given month. This regularity helps to prevent unintended transfers of ammunition to restricted persons or otherwise improper transactions.
Do not make the mistake of assuming that the legality of the 300 Blackout applies to subsonic 300 Blackout. This is untrue. When a sound suppressor is attached to a firearm, the shooting of lawful ammunition is considered firearm use. As a result, the possession of a silencer and its related ammunition falls under all existing restrictions on firearms in California.
Purchase and ownership of subsonic 300 Blackout is permissible, but if you use it through a silencer, you may get into legal trouble. First, if the suppressor is not registered, you will have a serious violation. Second, unless your possession of the suppressor is registered to the state of California, you will be considered a constructive contraband possessor — as if you ephemerally carried the firearm that the contraband loaned should it ever have been mechanically integrated therein. In other words, you may be deemed to have "used" the firearm to commit whatever crime.
Myths Surrounding 300 Blackout Legality
The popularity of the 300 Blackout has spawned some pervasive myths and misconceptions regarding its legality and uses in California. Let’s debunk a few of these:
First, many believe the 300 Blackout is illegal in California. This is simply not true. The 300 Blackout was not on the list of illegal assault weapons when the list was last amended in 1998 and remains an otherwise lawful center fire rifle cartridge compatible with a one hundred year history of rifles.
Second, there is a common misconception that the 300 Blackout is an example of a wildcat cartridge. Wildcat cartridges are custom developed by handloaders , typically for use with bolt action rifles. They are not produced for commercial purposes and therefore are not generally loaded on or sold in commercial ammunition packaging. However, the development of the 300 Blackout was not a handloading or wildcat venture. It is a factory load cartridge and is sold in its own box to consumers directly by the Remington/CURTIS companies.
Finally, a misconception harbored by some is that the 300 Blackout is just a 5.56/.223 cartridge necked up to .30 caliber which also has a lesser capacity than that of the 5.56/.223 and this is why it is illegal. There is no evidence to support any of these claims. The 300 Blackout is not a necked up .233 Remington. Rather, it is a unique cartridge measuring .378 inches in diameter at the base of its neck.
Penalties for Illegal Possession
Through the Text of the California Penal Code Section 12301, there are several penalties laid out for those in possession of illegal weapons or ammunition. The best way to tackle this portion of the law is by splitting it up into sections.
Section (a): Individuals possessing illegal assault weapons, machine guns, or .50 caliber rifles are subject to imprisonment in state prison for 16 months. If one possessed these illegal weapons before January 1, 2009, there is a special grace period for individuals under Section (a) who are in possession of illegal weapons before the cut-off date.
Section (b): Individuals in possession of illegal semiautomatic centerfire rifles, or .50 caliber rifles are subject to imprisonment in a county jail for 6 months and/or fines not exceeding $1000.
Section (c): Individuals who knowingly sell or transfer illegal assault weapons, .50 caliber rifles, or .22 caliber rifles are subject to imprisonment in state prison for 16 months.
Section (d): Individuals who knowingly sell or transfer illegal semiautomatic centerfire rifles, or .50 caliber rifles are subject to imprisonment in a county jail for 6 months and/or fines not exceeding $1000, and forfeiture of the firearms and any licenses if any.
Section (e): Individuals who knowingly distribute illegal ammunition components in violation of Section 12318 or 12319 are subject to imprisonment in state prison for 16 months.
Section (f): Individuals who knowingly sell illegal ammunition in violation of Section 12318 or 12319 are subject to imprisonment in a county jail for 6 months and/or fines not exceeding $1000, and forfeiture of the firearms and any licenses if any.
Section (g): Any person in possession of illegal assault weapons, .50 caliber rifles, or .22 caliber rifles, or any ammunition or ammunition components regardless of the date the weapon was obtained is subject to the confiscation by the state (as with most illegal weapons in California).
Keeping Up to Date on California Weapons Law
In addition to comprehending the mechanics of the 300 Blackout, it is equally important to be on top of the legal standards and regulations pertaining to the ammunition within the state of California. When it comes to state firearm legislation, you can never be too cautious. The following resources will help you keep track of any new or upcoming legislation affecting the 300 Blackout as well as any other firearms and ammunition types.
California Department of Justice (DOJ): Their website is dedicated to keeping the public informed on state firearm regulations, and provides an overview regarding the Department of Justice’s right to enforce said regulations. The DOJ has a comprehensive list of all firearm laws, and divides them into easily understandable categories. Researching the current firearm legislation can help to ensure that you are up-to-date with any changes.
California Assembly: The state of California’s legislature allows for its residents to view all legislative files relating to new or upcoming laws. This allows for thoughtful input from its residents , and to be a part of the legislative process. Simply click on "Search" and enter in 300 Blackout to find all relevant information on any new legislation or holdings of the ammunition. This will help to ensure that you have all the current and accurate information on any changes that could affect your ownership or safety surrounding the 300 Blackout.
USA.gov: The United States government’s official web portal allows for its citizens to keep up-to-date with the current legislation. Here, you can search for any important bills regarding the 300 Blackout that are moving through Congress, as well as any other pertinent information.
NRA-ILA: The National Rifle Association’s Institute for Legislative Action is America’s foremost proponent of the right to possess and use firearms for self-defense, hunting, and all other lawful purposes. Their website is dedicated to keeping their members informed on any new legislation and law updates.