Not sure if anyone was concerned, or I'm just answering my own question, but I called AFE this morning to ask about the note that they won't sell in California. He said they would absolutely sell and ship to California, and that CARB certification was in progress.
And for the guys complaining about the price or power added, what are you all expecting? 100hp from an intake for $27? 15hp isn't bad at all, as the factory one isn't the greatest but isn't a massive restriction. And for the price, this isn't some chrome crappy BBK straight tube for your Fox body. The price is actually far less than I expected for this piece, especially with the lower pre-order price and the 10% off from signing up for the newsletter.