BILL NUMBER: SB 53 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE APRIL 1, 2013
AMENDED IN SENATE MARCH 21, 2013
INTRODUCED BY Senator De León
(Principal coauthor: Senator Yee)
( Principal coauthor: Assembly Member
Skinner )
(Coauthors: Senators Leno and Steinberg)
( Coauthors: Assembly Members
: Skinner
and Ting Coauthor: Assembly Member
Ting )
DECEMBER 20, 2012
An act to amend Sections 11106, 17315, 30000, 30005,
30010, 30312, 30345, 30347, 30350, 30352, and 30365 of, to
amend the heading of Article 3 (commencing with Section 30345) of
Chapter 1 of Division 10 of Title 4 of Part 6 of, to add Sections
16663 and 30348 to, to add Article 4 (commencing with Section 30370)
to Chapter 1 of Division 10 of Title 4 of Part 6 of, and to add
Article 5 (commencing with Section 30380) to Chapter 1 of Division 10
of Title 4 of Part 6 of, the Penal Code, relating to ammunition.
LEGISLATIVE COUNSEL'S DIGEST
SB 53, as amended, De León. Ammunition: purchase permits.
(1) Existing law requires the Attorney General to maintain
records, including among other things, fingerprints, licenses to
carry concealed firearms, and information from firearms dealers
pertaining to firearms, for purposes of assisting in the
investigation of crimes, and specified civil actions.
This bill would require the Attorney General to also maintain
copies of ammunition purchase permits, information about ammunition
transactions, as specified, and ammunition vendor licenses, as
specified, for those purposes.
(2) Existing law establishes the Prohibited Armed Persons File,
the purpose of which is to cross-reference person who are prohibited
from possessing firearms with records of firearm transactions, as
specified, to determine if these persons have acquired or attempted
to acquire firearms. Under existing law, a person who is prohibited
from owning or possessing a firearm is prohibited from owning,
possessing, or having under his or her custody or control, any
ammunition or reloaded ammunition.
This bill would expand the Prohibited Armed Persons File to
address persons prohibited from acquiring ammunition, and would
similarly cross-reference those persons with records of ammunition
transactions, as specified, to determine if these persons have
acquired or attempted to acquire ammunition.
(3)
(2) Existing law, subject to exceptions, requires that
the delivery or transfer of ownership of handgun ammunition occur
only in a face-to-face transaction and makes a violation of this
requirement a crime . Existing law provides that the term
"vendor" for purposes of ammunition sales is a "handgun ammunition
vendor" as defined for those and other purposes.
This bill would extend those provisions to any ammunition. The
bill would provide that the term "vendor" for purposes of ammunition
sales means "ammunition vendor," and, commencing July 1,
2014, 2015, who is licensed, as specified, for
those and other purposes. The bill would provide that commencing July
1, 2014, 2015, only a licensed
ammunition vendor may sell ammunition. The bill would create an
additional exemption from these requirements for specified events
conducted by a nonprofit entity, as specified, and would make
additional conforming changes.
(4)
(3) Existing law prohibits an ammunition vendor from
allowing a person the vendor knows or should know is a person who is
prohibited from possessing firearms for specified reasons, from
handling, selling, or delivering handgun ammunition in the course and
scope of their employment. Existing law prohibits an ammunition
vendor from selling or otherwise transferring ownership of, offering
for sale or otherwise offering to transfer ownership of, or
displaying for sale or displaying for transfer of ownership of, any
handgun ammunition in a manner that allows that ammunition to be
accessible to a purchaser or transferee without the assistance of the
vendor or an employee of the vendor.
This bill would extend those prohibitions to any ammunition. The
bill would provide that a violation of those provisions is a
misdemeanor.
By creating a new crime, this bill would impose a state-mandated
local program.
(5)
(4) Existing law subject to exceptions, requires a
handgun ammunition vendor to record specified information at the time
of delivery of handgun ammunition to a purchaser, as specified.
This bill would extend those provisions to transactions of any
ammunition. The bill would, commencing July 1, 2014, require
the vendor to submit specified information about the ammunition
transaction to the Department of Justice. The bill would,
commencing July 1, 2017, and subject to exceptions, require the
purchaser of ammunition to hold an ammunition purchase
permit, or other specified permit, license, or certificate pertaining
to acquisition, possession, or carrying firearms, as provided, or
other specified documentation for a person who is not a state
resident. The bill would, commencing July 1, 2017, require the vendor
to submit to the Department of Justice information demonstrating
compliance with that verification requirement, as specified.
be authorized to purchase ammunition by the Department
of Justice, as specified. The bill would, commencing January
1, 2017, authorize issuance of ammunition purchase permits
authorizations by the Department of Justice to
applicants who are residents of this state, at least 18 years of age,
not prohibited from acquiring or possessing ammunition, and who pay
the required fees, as specified. The bill would establish an
application process and specify the information to be
displayed on the permit. The bill would provide that the permit
authorizes the holder to purchase ammunition from an ammunition
vendor. establish a centralized list of
persons authorized to purchase ammunition.
(6)
(5) The bill would authorize the Department of Justice
to issue ammunition vendor licenses, commencing July 1, 2014
2015 . The bill would require an ammunition
vendor to be licensed, commencing July 1, 2014,
2015, in order to sell or transfer ownership of
ammunition. Violation of these provisions would be a
misdemeanor. The bill would create an application process
and a registry for licensed for ammunition
vendors, as specified. The bill would establish the Ammunition
Vendors Special Account within the General Fund, into which vendor
license fees would be deposited and made available, upon
appropriation by the Legislature, to the Department of Justice for
purposes of enforcing the ammunition vendor licensing provisions
. The bill would require the ammunition vendor to
conduct business at the location specified in the license, except in
the case of gun shows or events, as specified.
By creating a new crime, this bill would impose a state-mandated
local program.
(7) The bill would require the Attorney General to report to the
Legislature, on or before January 1, 2016, on the feasibility and
costs of implementing an instantaneous background check system for
purposes of evaluating prospective ammunition purchasers, as
specified. The bill would state the intent of the Legislature in this
regard.
(6) The bill would provide that for the provisions discussed
above, as specified, "ammunition" does not include blanks.
(8)
(7) The California Constitution requires the state to
reimburse local agencies and school districts for certain costs
mandated by the state. Statutory provisions establish procedures for
making that reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11106 of the Penal Code, as added by Section
2.5 of Chapter 745 of the Statutes of 2011, is amended to read:
11106. (a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (b), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215, information reported to the
Department of Justice pursuant to Section 26225, copies of
permits authorized in ammunition purchaser
authorizations pursuant to Section 30370, ammunition vendor
license information pursuant to Article 5 (commencing with Section
30380) of Chapter 1 of Division 10 of Title 4 of Part 6, information
required by subdivisions (a), (b), and (c) of
Section 30352, dealers' records of sales of firearms, reports
provided pursuant to Article 1 (commencing with Section 27500) of
Chapter 4 of Division 6 of Title 4 of Part 6, or pursuant to any
provision listed in subdivision (a) of Section 16585, forms provided
pursuant to Section 12084, as that section read prior to being
repealed, reports provided pursuant to Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800) of
Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers'
records of sales of firearms, and reports of stolen, lost, found,
pledged, or pawned property in any city or county of this state, and
shall, upon proper application therefor, furnish this information to
the officers referred to in Section 11105.
(b) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to the following provisions as to firearms and
maintain a registry thereof:
(A) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of Title 4
of Part 6.
(B) Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6.
(C) Chapter 5 (commencing with Section 28050) of Division 6 of
Title 4 of Part 6.
(D) Any provision listed in subdivision (a) of Section 16585.
(E) Former Section 12084.
(F) Any other law.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular firearm as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in former Section
12084, or reports made to the department pursuant to any provision
listed in subdivision (a) of Section 16585 or any other law.
(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular firearm and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to any provision listed in
subdivision (a) of Section 16585 or any other law.
(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular firearm acquiring or being loaned that firearm.
(D) The manufacturer's name if stamped on the firearm, model name
or number if stamped on the firearm, and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm, or, if the firearm is
not a handgun and does not have a serial number or any identification
number or mark assigned to it, that shall be noted.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular firearm.
(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
(c) (1) Any officer referred to in paragraphs (1) to (6),
inclusive, of subdivision (b) of Section 11105 may disseminate the
name of the subject of the record, the number of the firearms listed
in the record, and the description of any firearm, including the
make, model, and caliber, from the record relating to any firearm's
sale, transfer, registration, or license record, or any information
reported to the Department of Justice pursuant to Section 26225,
Article 1 (commencing with Section 26700) and Article 2 (commencing
with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6,
Article 1 (commencing with Section 27500) of Chapter 4 of Division 6
of Title 4 of Part 6, Chapter 5 (commencing with Section 28050) of
Division 6 of Title 4 of Part 6, Article 2 (commencing with Section
28150) of Chapter 6 of Division 6 of Title 4 of Part 6, Article 5
(commencing with Section 30900) of Chapter 2 of Division 10 of Title
4 of Part 6, Chapter 2 (commencing with Section 33850) of Division 11
of Title 4 of Part 6, or any provision listed in subdivision (a) of
Section 16585, if the following conditions are met:
(A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being prosecuted
or is serving a sentence for the crime, or the subject of the record
is the subject of an emergency protective order, a temporary
restraining order, or an order after hearing, which is in effect and
has been issued by a family court under the Domestic Violence
Protection Act set forth in Division 10 (commencing with Section
6200) of the Family Code.
(B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.
(C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim of
the crime with a "Victims of Domestic Violence" card, as specified in
subparagraph (H) of paragraph (9) of subdivision (c) of Section
13701.
(2) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from bodily
harm by the person who is the subject of the record.
(d) This section shall become operative January 1, 2014.
SEC. 2. Section 16663 is added to the Penal Code, to read:
16663. (a) As used in this part, "ammunition vendor" means any
person, firm, corporation, dealer, or any other business enterprise
that is engaged in the retail sale of any ammunition, or that holds
itself out as engaged in the business of selling any ammunition.
(b) Commencing July 1, 2014, 2015,
"ammunition vendor" means any person or entity described in
subdivision (a) who has a current ammunition vendor license, pursuant
to Section 30380.
SEC. 3. Section 17315 of the Penal Code is amended to read:
17315. As used in Article 3 (commencing with Section 30345) of
Chapter 1 of Division 10 of Title 4, "vendor" means an ammunition
vendor.
SEC. 4. Section 30000 of the Penal Code is
amended to read:
30000. (a) The Attorney General shall establish and maintain an
online database to be known as the Prohibited Armed Persons File. The
purpose of the file is to cross-reference persons who have ownership
or possession of a firearm on or after January 1, 1991, as indicated
by a record in the Consolidated Firearms Information System, and
who, subsequent to the date of that ownership or possession of a
firearm, fall within a class of persons who are prohibited from
owning or possessing a firearm.
(b) Commencing January 1, 2014, the file shall also be used to
cross-reference persons who acquire ammunition to determine if those
persons fall within a class of persons who are prohibited from owning
or possessing ammunition.
(c) The information contained in the Prohibited Armed Persons File
shall only be available to those entities specified in, and pursuant
to, subdivision (b) or (c) of Section 11105, through the California
Law Enforcement Telecommunications System, for the purpose of
determining if persons are armed and prohibited from possessing
firearms or ammunition.
SEC. 5. Section 30005 of the Penal Code is
amended to read:
30005. The Prohibited Armed Persons File database shall function
as follows:
(a) Upon entry into the Automated Criminal History System of a
disposition for a conviction of any felony, a conviction for any
firearms-prohibiting charge specified in Chapter 2 (commencing with
Section 29800), a conviction for an offense described in Chapter 3
(commencing with Section 29900), a firearms prohibition pursuant to
Section 8100 or 8103 of the Welfare and Institutions Code, or any
firearms possession prohibition identified by the federal National
Instant Criminal Background Check System, the Department of Justice
shall determine if the subject has an entry in the Consolidated
Firearms Information System indicating possession or ownership of a
firearm on or after January 1, 1991, or an assault weapon
registration, or a .50 BMG rifle registration, or, commencing January
1, 2014, acquisition of ammunition.
(b) Upon an entry into any department automated information system
that is used for the identification of persons who are prohibited by
state or federal law from acquiring, owning, or possessing firearms,
the department shall determine if the subject has an entry in the
Consolidated Firearms Information System indicating ownership or
possession of a firearm on or after January 1, 1991, or an assault
weapon registration, or a .50 BMG rifle registration, or information
received pursuant to subdivision (b) of Section 30352.
(c) If the department determines that, pursuant to subdivision (a)
or (b), the subject has an entry in the Consolidated Firearms
Information System indicating possession or ownership of a firearm on
or after January 1, 1991, or an assault weapon registration, or a .
50 BMG rifle registration, or information received pursuant to
subdivision (b) of Section 30352, the following information shall be
entered into the Prohibited Armed Persons File:
(1) The subject's name.
(2) The subject's date of birth.
(3) The subject's physical description.
(4) Any other identifying information regarding the subject that
is deemed necessary by the Attorney General.
(5) The basis of the firearms and ammunition possession
prohibition.
(6) A description of all firearms owned or possessed by the
subject, as reflected by the Consolidated Firearms Information
System.
SEC. 6. Section 30010 of the Penal Code is
amended to read:
30010. The Attorney General shall provide investigative
assistance to local law enforcement agencies to better ensure the
investigation of individuals who are armed and prohibited from
possessing a firearm or who are prohibited from possessing
ammunition.
SEC. 7. SEC. 4. Section 30312 of the
Penal Code is amended to read:
30312. (a) (1) The delivery or transfer of ownership of
ammunition may only occur in a face-to-face transaction with the
deliverer or transferor being provided bona fide evidence of identity
from the purchaser or other transferee ; provided, however,
that ammunition may be purchased over the Internet or through other
means of remote ordering if an ammunition vendor in this state
initially receives the ammunition and processes the transfer in
compliance with this section and Article 3 (commencing with Section
30345) .
(2) Commencing July 1, 2014, 2015,
the sale of ammunition may only be conducted by an ammunition vendor
licensed pursuant to Section 30385.
(3) For purposes of this section, "ammunition" does not include
blanks.
(b) Subdivision (a) shall not apply to or affect the sale,
delivery, or transfer of ammunition to any of the following:
(1) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale,
delivery, or transfer is for exclusive use by that government agency
and, prior to the sale, delivery, or transfer of the ammunition,
written authorization from the head of the agency employing the
purchaser or transferee is obtained, identifying the employee as an
individual authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency employing the
individual.
(2) A sworn peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of the officer's duties.
(3) An importer or manufacturer of ammunition or firearms who is
licensed to engage in business pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
(4) A person who is on the centralized list maintained by the
Department of Justice pursuant to Article 6 (commencing with Section
28450) of Chapter 6 of Division 6 of this title.
(5) A person whose licensed premises are outside this state and
who is licensed as a dealer or collector of firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
(6) A person who is licensed as a collector of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, whose
licensed premises are within this state, and who has a current
certificate of eligibility issued by the Department of Justice
pursuant to Section 26710.
(7) An ammunition vendor.
(8) A consultant-evaluator.
(9) A participant at an event organized by a nonprofit mutual or
public benefit corporation, where the sale, transfer, or delivery is
by a nonprofit mutual or public benefit corporation organized
pursuant to the Corporations Code, where the ammunition is to be used
and consumed on the premises of an event conducted by that nonprofit
or public benefit corporation, and the event is at a target range
which holds a regulatory or business license.
(c) A violation of this section is a misdemeanor.
SEC. 8. SEC. 5. The heading of
Article 3 (commencing with Section 30345) of Chapter 1 of Division 10
of Title 4 of Part 6 of the Penal Code is amended to read:
Article 3. Ammunition Vendors
SEC. 9. SEC. 6. Section 30345 of the
Penal Code is amended to read:
30345. (a) A vendor shall comply with all of the conditions,
requirements, and prohibitions stated in this article.
(b) Commencing July 1, 2014, 2015,
an ammunition vendor shall be licensed by the Department of Justice
in order to sell or otherwise transfer ownership of ammunition.
(c) For purposes of this article, "ammunition" does not include
blanks.
SEC. 10. SEC. 7. Section 30347 of
the Penal Code is amended to read:
30347. A vendor shall not permit any employee who the vendor
knows or reasonably should know is a person described in Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with Section
29900) of Division 9 of this title or Section 8100 or 8103 of the
Welfare and Institutions Code to handle, sell, or deliver ammunition
in the course and scope of employment.
SEC. 11. SEC. 8. Section 30348 is
added to the Penal Code, to read:
30348. (a) Except as provided in subdivision (b), the sale
or other transfer of ownership of ammunition shall
be conducted at the location specified in the license.
(b) A vendor may sell or otherwise transfer ownership of
ammunition at a gun show or event if the gun show or event
is not conducted from any motorized or towed vehicle.
(c) For purposes of this section, "gun show or event" means a
function sponsored by any national, state, or local organization,
devoted to the collection, competitive use, or other sporting use of
firearms, or an organization or association that sponsors functions
devoted to the collection, competitive use, or other sporting use of
firearms in the community.
(d) Sales or other transfers of ownership of
ammunition at a gun show or event shall comply with Sections 30347,
30350, 30352, and 30360.
SEC. 12. SEC. 9. Section 30350 of
the Penal Code is amended to read:
30350. A vendor shall not sell or otherwise transfer
ownership of , offer for sale or otherwise offer
to transfer ownership of , or display for sale or
display for transfer of ownership of any ammunition in a
manner that allows that ammunition to be accessible to a purchaser or
transferee without the assistance of the vendor or an employee of
the vendor.
SEC. 13. SEC. 10. Section 30352 of
the Penal Code is amended to read:
30352. (a) A vendor shall not sell or otherwise transfer
ownership of any ammunition without, at the time of
delivery, legibly recording the following information:
(1) The date of the sale or other transaction.
(2) The purchaser's or transferee's driver's
license or other identification number and the state in which it was
issued.
(3) The brand, type, and amount of ammunition sold or otherwise
transferred.
(4) The purchaser's or transferee's signature.
(5) The name of the salesperson who processed the sale or other
transaction.
(6) The right thumbprint of the purchaser or transferee
on the above form.
(7) The purchaser's or transferee's full
residential address and telephone number.
(8) The purchaser's or transferee's date of
birth.
(b) Commencing July 1, 2014, the vendor shall submit to the
department the information required by subdivision (a) in a format
and a manner prescribed by the department for all sales or other
transfers of ownership of ammunition.
(c) Commencing July 1, 2017, an ammunition vendor shall submit
information to the department in a format prescribed by the
department to show compliance with subdivision (d).
(d)
(b) Commencing on July 1, 2017, only those persons
listed below or those persons or entities listed in subdivision
(f) (d) shall be permitted
authorized to purchase ammunition. Prior to the
delivery of the ammunition, the vendor shall verify that the person
who is receiving delivery of the ammunition is a properly identified
person or entity listed in subdivision (f)
(d) or one of the following:
(1) A holder of a valid ammunition purchase permit issued
person authorized to purchase ammunition
pursuant to Section 30370.
(2) A person who is authorized to carry loaded firearms pursuant
to Section 25900, 25905, 25910, 25925, 26010, 26015, 26025, or 26030.
(3) A holder of a special weapons permit issued by the department
pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing
with Section 18900) of Chapter 1 of Division 5 of Title 2, or
pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of
this division.
(4) A holder of a current certificate of eligibility issued
pursuant to Section 26710.
(5) A holder of a valid entertainment firearms permit issued
pursuant to Chapter 2 (commencing with Section 29500) of Division 8.
(6) If a person is not the holder of an ammunition
purchase permit does not have an ammunition purchase
authorization because he or she is not a resident of this
state, then pursuant to procedures prescribed by the department, the
person presents documentation to the vendor that shows that the
person would not be prohibited from acquiring or possessing
ammunition within this state.
(e)
(c) Commencing July 1, 2017, the vendor shall verify
that the ammunition purchase permit is valid by contacting
the department for each ammunition transaction, in a manner
prescribed by the department. The department shall conduct an
instantaneous background check to determine if the permitee is
prohibited from possessing ammunition. The department shall approve
or deny the transaction on the basis of the background check and
shall inform the vendor. person is authorized to
purchase ammunition by comparing the person's California driver's
license number or California identification card number to the
authorization number in the centralized list of authoriz
ed ammunition purchasers. If the person is not listed as an
authorized ammunition purchaser, the vendor shall deny the sale.
(f)
(d) Subdivisions (a) and (e)
(c) shall not apply to or affect sales or other transfers of
ownership of ammunition by ammunition vendors to any of the
following, if properly identified:
(1) A person licensed pursuant to Sections 26700 to 26915,
inclusive.
(2) An ammunition vendor.
(3) A person who is on the centralized list maintained by the
department pursuant to Article 6 (commencing with Section 28450) of
Chapter 6 of Division 6 of this title.
(4) A target facility that holds a business or regulatory license.
(5) A gunsmith.
(6) A wholesaler.
(7) A manufacturer or importer of firearms or ammunition licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code, and the regulations issued pursuant thereto.
(8) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale
or other transfer of ownership is for exclusive use by that
government agency, and, prior to the sale, delivery, or transfer of
the ammunition, written authorization from the head of the agency
authorizing the transaction is presented to the person from whom the
purchase, delivery, or transfer is being made. Proper written
authorization is defined as verifiable written certification from the
head of the agency by which the purchaser, transferee, or person
otherwise acquiring ownership is employed, identifying the employee
as an individual authorized to conduct the transaction, and
authorizing the transaction for the exclusive use of the agency by
which that individual is employed.
SEC. 14. SEC. 11. Section 30365 of
the Penal Code is amended to read:
30365. (a) A violation of subdivision (b) of Section 30345,
Section 30347, 30350, 30352, 30355, 30360, or 30362 is a misdemeanor.
(b) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
SEC. 15. SEC. 12. Article 4
(commencing with Section 30370) is added to Chapter 1 of Division 10
of Title 4 of Part 6 of the Penal Code, to read:
Article 4. Ammunition Purchase Permits
Authorizations
30370. (a) (1) Commencing on January 1, 2017, any person who is a
resident of this state and who is 18 years of age or older may apply
to the department for an ammunition purchase permit, in a
format to be prescribed by the department
authorization .
(2) The ammunition purchase permit
authorization shall entitle the permitholder
authorized person to purchase or otherwise
acquire ownership of ammunition from an ammunition vendor
as that term is defined in Section 16663 and shall have no other
force or effect.
(3) For purposes of this article, "ammunition" does not include
blanks.
(b) The department shall issue an ammunition purchase
permit authorization to the applicant if all of
the following conditions are met:
(1) The applicant is 18 years of age or older.
(2) The applicant is not prohibited from acquiring or possessing
ammunition by the laws of this state.
(3) The applicant pays the fees set forth in subdivision (i).
(c) (1) Upon receipt of an initial or renewal
application, the department shall examine its records and is
authorized to request records from the State Department of State
Hospitals, pursuant to Section 8104 of the Welfare and Institutions
Code, and if authorized, the National Instant Criminal Background
Check System, as described in Section 922(t) of Title 18 of the
United States Code, in order to determine if the applicant is
prohibited from possessing or acquiring ammunition.
(2) The applicant shall be approved or denied within 30 days of
the date of the application. If the application is denied, the
department shall state the reasons for doing so and provide the
applicant an appeal process to challenge that denial.
(d) The ammunition
purchase permit shall be valid for five years from the date of
issuance.
(e) The department shall send a notice of the expiration of an
ammunition purchase permit, by first-class mail or other means that
are equivalent, including electronic mail, to the address of the
person as shown by the records of the department, not less than 90
days before the expiration date, and shall enclose or contain a form
for the renewal of the permit.
(f)
(d) The ammunition purchase permit
authorization shall be revoked by the department upon the
occurrence of any event which would have disqualified the holder from
being issued the ammunition purchase permit
authorization pursuant to this section.
(g)
(e) The ammunition purchase permit shall be in
a tamper-proof form prescribed by the department and shall include
the name, address, photograph, date of birth, a unique identifying
number, expiration date from the date of issuance, physical
characteristics, including the height, weight, eye color, and hair
color of the permitholder, and other information that may be
prescribed by the department authorization number
shall be the same number as the person's California driver's license
number or California identification card number .
(f) The department shall create an internal centralized list of
all persons who are authorized to purchase ammunition and provide
access by ammunition vendors to the list for purposes of conducting
ammunition sales. Law enforcement agencies shall be provided access
to the list for law enforcement purposes.
(h)
(g) The department shall recover the reasonable cost of
administering this section by charging applicants an initial
application and a renewal application fee.
(i)
(h) All fees received pursuant to this section shall be
deposited into the Dealer's Record of Sale Special Account of the
General Fund.
(j)
(i) The implementation of this section by the
department is exempt from the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).
(k)
(j) The department shall annually review and shall
adjust the fees specified in subdivision (h)
(g) , if necessary, to fully fund, but not to exceed the
reasonable costs of, the permit ammunition
authorization program provided by this section, including the
enforcement of this program.
(l)
(k) The Attorney General is authorized to adopt
regulations to implement the provisions of this section.
SEC. 16. SEC. 13. Article 5
(commencing with Section 30380) is added to Chapter 1 of Division 10
of Title 4 of Part 6 of the Penal Code, to read:
Article 5. Ammunition Vendor Licenses
30380. (a) Commencing July 1, 2014, 2015,
no ammunition vendor shall sell or otherwise transfer
ownership of ammunition unless the vendor is licensed
pursuant to Section 30385.
(b) A violation of this section is a misdemeanor.
(c) For purposes of this article, "ammunition" does not include
blanks.
30385. (a) The Department of Justice is authorized to issue
ammunition vendor licenses pursuant to this article. The department
shall, commencing March 1, 2014, 2015,
commence accepting applications for ammunition vendor licenses. The
department shall issue a license or deny the application for a
license within 30 days of receipt of the application. If the
application is denied, the department shall inform the applicant of
the reason for denial in writing.
(b) The ammunition vendor license shall be issued in a form
prescribed by the Attorney General and shall be valid for a period of
one year. The Attorney General may adopt regulations to administer
application and enforcement provisions of this article.
30390. (a) The department may charge ammunition vendor license
applicants a fee sufficient to reimburse the department for the
reasonable costs of administering the license program, maintaining
the registry of ammunition vendors, and necessary enforcement,
provided however, that the fee shall not exceed fifty dollars ($50).
(b) The fees received by the department pursuant to this article
shall be deposited in the Dealers' Record of Sale
Ammunition Vendor's Special Account of the General Fund
, which is hereby created. The revenue in the fund
shall be available, upon appropriation by the Legislature, for use by
the Department of Justice for the purpose of implementing and
enforcing the provisions of this article .
30395. (a) The department is authorized to issue ammunition
vendor licenses to ammunition vendors who the department has
determined are not prohibited by state law from possessing,
receiving, owning, or purchasing a firearm, and who provide a copy of
any regulatory or business license required by local government, a
valid seller's permit issued by the State Board of Equalization, a
federal firearms license if the person is federally licensed, and a
certificate of eligibility issued by the department.
(b) The department shall issue ammunition
vendor licenses pursuant to this article to the following applicants:
(1) A licensed firearms dealer.
(2) Persons on the centralized list maintained by the department
pursuant to Section 28450.
(3) A target facility holding a business or other regulatory
license.
(4) A gunsmith.
(5) A firearms wholesaler.
(6) A manufacturer or importer of firearms or ammunition licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code, and the regulations issued pursuant thereto.
(b)
(c) The department shall keep a registry of all
licensed ammunition vendors. No ammunition vendor shall sell
or transfer ownership of ammunition unless listed on the registry.
(c) The department may remove an ammunition vendor from the
registry for a violation of this article or a violation of Article 3
(commencing with Section 30345) for a period not to exceed six
months.
(d) The department shall revoke the license of any ammunition
vendor who violates this article or Article 3 (commencing with
Section 30345) in any combination three times. The ammunition vendor
shall thereafter be permanently ineligible for an ammunition vendor
license.
30400. (a) The Attorney General shall prepare and submit to the
Legislature on or before January 1, 2016, a report concerning all of
the following:
(1) Recommendations for a clear and succinct general procedure
whereby a system may be instituted for instantaneous background
checks that can be conducted for all persons attempting to purchase
ammunition.
(2) The feasibility of integration of that system into the current
firearm registration system.
(3) The feasibility and costs of creating that type of background
check system.
(4) The overall costs of creating and maintaining, and the costs
to individuals of using, that system.
(5) The effect of the system on overall efforts by the Department
of Justice in terms of information and computerized upgrades that the
department is currently undertaking.
(6) Recommendations for any specific statutory changes necessary
to implement the system, if any.
(b) The report required by subdivision (a) shall be submitted
pursuant to Section 9795 of the Government Code.
(c) It is the intent of the Legislature to provide the Department
of Justice with sufficient flexibility to develop an instantaneous
background check system. The Legislature recognizes that the
Department may develop an alternative system than the one prescribed
by this measure. If that is the case, the Legislature may review that
system and enact legislation accordingly.
SEC. 17. SEC. 14. No reimbursement
is required by this act pursuant to Section 6 of Article XIII B of
the California Constitution because the only costs that may be
incurred by a local agency or school district will be incurred
because this act creates a new crime or infraction, eliminates a
crime or infraction, or changes the penalty for a crime or
infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.