BILL NUMBER: SB 1235 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 17, 2016
AMENDED IN SENATE MAY 4, 2016
AMENDED IN SENATE APRIL 25, 2016
AMENDED IN SENATE APRIL 13, 2016
INTRODUCED BY Senator De León
(Principal coauthor: Assembly Member McCarty)
FEBRUARY 18, 2016
An act to amend Sections 11106, 16150, 17315,
30000, and 30306 of, to add Section Sections
11106.5 and 16151 to, to add Article 4 (commencing with Section
30355) and Article 5 (commencing with Section 30360) to Chapter 1 of
Division 10 of Title 4 of Part 6 of, to repeal Sections 16650,
16662, and 30312 of, and to repeal and add Article 3 (commencing with
Section 30345) of Chapter 1 of Division 10 of Title 4 of Part 6 of,
the Penal Code, relating to ammunition.
LEGISLATIVE COUNSEL'S DIGEST
SB 1235, as amended, De León. Ammunition.
(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. In regard to
certain of those records, existing law authorizes specified peace
officers to disseminate the name of the subject of the record, the
number of firearms listed in the record, the description of any
firearm, and other information reported to the Department of Justice,
as specified, if the subject of the record has been arraigned, is
being prosecuted, or is serving a sentence for domestic violence or
is the subject of specified protective orders. Existing law requires
the law enforcement officer to provide a victim of domestic violence
to whom information is disseminated with a "Victims of Domestic
Violence" card, and authorizes the victim or other person to whom the
information is disseminated to disclose that information as he or
she deems necessary to protect himself, herself, or another person
from bodily harm by the person who is the subject of the record.
This bill would require the Attorney General to also maintain
information about ammunition transactions and ammunition vendor
licenses for those purposes. This The
bill would similarly authorize specified agencies, officials, and
officers to disseminate the name of a person and the fact of any
ammunition purchases by that person, as specified, if the subject of
the record has been arraigned, is being prosecuted, or is serving a
sentence for domestic violence or is the subject of specified
protective orders. The bill would require the law enforcement officer
to provide a victim of domestic violence to whom information
regarding an ammunition purchase is disseminated with a
"Victims of Domestic Violence" card, and would authorize the
victim or other person to whom the information is disseminated to
disclose that information as he or she deems necessary to protect
himself, herself, or another person from bodily harm by the person
who is the subject of the record. card.
By imposing new duties on local law enforcement officers, this
bill would impose a state-mandated local program.
(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.
This bill would extend those provisions, subject to exceptions, to
any ammunition and would reorganize those provisions.
(3) 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 provide that the term "vendor" for purposes of
ammunition sales means "ammunition vendor" and, commencing January 1,
2018, means a licensed ammunition vendor. The bill would provide
that commencing on January 1, 2018, only a licensed ammunition vendor
may sell ammunition. The bill would revise the definition of
"ammunition" for those purposes.
(4) Existing law establishes the Prohibited Armed Persons File,
the purpose of which is to cross-reference persons prohibited from
possessing firearms with records of firearm transactions 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, commencing July 1, 2019, use the Prohibited Armed
Persons File to cross-reference persons who attempt to acquire
ammunition, as specified, to determine if those persons are
prohibited from possessing ammunition.
(5) Existing law makes it a crime for a person, corporation, or
firm to provide ammunition, as specified, to an individual that the
person, corporation, or firm knows or should know is prohibited from
possessing or owning ammunition.
This bill would apply that prohibition to other business
enterprises. The bill would make it a crime for a person,
corporation, firm, or other business enterprise to provide, as
specified, ammunition to an individual that the person, corporation,
firm, or other business entity knows or has cause to believe is not
the actual purchaser or transferee of the ammunition,
ammunition or knows or has cause to believe that
the ammunition is to be sold or transferred to a person prohibited
from possessing or owning ammunition.
(6) 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
his or her 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 require that when neither party to the ammunition
transaction is an ammunition dealer, the transaction be conducted by
an ammunition dealer. The bill would, subject to exceptions, require
a resident bringing ammunition into the state to have the ammunition
delivered to an ammunition dealer for delivery to the person, as
specified. The bill would provide that a violation of these
provisions is a crime.
(7) 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 and would, commencing on July 1, 2019, require the
ammunition vendor to submit that information to the Department of
Justice, as specified. The bill would require the department to
retain the information for 2 years in a database to be known as the
Ammunition Purchase Records File and would prescribe the authority of
the department and other entities to use the file, as specified. The
bill would, commencing on July 1, 2019, and subject to exceptions,
require the purchaser of ammunition to be authorized to purchase
ammunition by the department, as specified. The bill would require
the department to cross-reference the Prohibited Armed Persons File
and the Automated Firearms System for those transaction purposes. The
bill would require, commencing on July 1, 2019, and subject to
exceptions, that only persons listed in the Automated Firearms
System, or who purchase a one-time ammunition transaction license
from the department, would be able to purchase ammunition. A
violation of these provisions would be a crime.
The bill would authorize the department to accept applications for
ammunition vendor licenses, commencing on July 1, 2017. The bill
would require an ammunition vendor to be licensed, commencing on
January 1, 2018, in order to sell ammunition. The bill would create
an application process for ammunition vendors, as specified. The bill
would establish the Ammunition Special Account, into which vendor
license fees and ammunition transaction fees would be deposited and
made available, upon appropriation by the Legislature, to the
department for purposes of enforcing the ammunition vendor licensing
and ammunition purchasing 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.
The bill would require ammunition sales at a gun show or event to
comply with certain requirements pertaining to ammunition transfers
and recordkeeping, the violation of which is a crime.
(8) By expanding existing crimes and creating new crimes, this
bill would impose a state-mandated local program.
(9) 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.
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 is
amended to read:
11106. (a) (1) 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 of the following:
(A) All copies of fingerprints.
(B) Copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215.
(C) Information reported to the Department of Justice pursuant to
Section 26225, 27875, 27920, or 29830.
(D) Dealers' records of sales of firearms.
(E) 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.
(F) Forms provided pursuant to Section 12084, as that section read
prior to being repealed on January 1, 2006.
(G) 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.
(H) Information provided pursuant to Section 28255.
(I) Reports of stolen, lost, found, pledged, or pawned property in
any city or county of this state.
(J) Ammunition vendor license information pursuant to Article 3
(commencing with Section 30345) of Chapter 1 of Division 10 of Title
4 of Part 6.
(K) Information required by Section 30369.
(2) The Attorney General shall, upon proper application therefor,
furnish the 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) Section 28255.
(G) 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, Section 28255, 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) If the conditions specified in paragraph (2) are met, 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 fact of any ammunition purchases by that
person based on information supplied to the department pursuant to
Section 30352, 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 any of the following:
(A) Section 26225, 27875, or 27920.
(B) 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.
(C) Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6.
(D) Chapter 5 (commencing with Section 28050) of Division 6 of
Title 4 of Part 6.
(E) Article 2 (commencing with Section 28150) of Chapter 6 of
Division 6 of Title 4 of Part 6.
(F) Article 5 (commencing with Section 30900) of Chapter 2 of
Division 10 of Title 4 of Part 6.
(G) Chapter 2 (commencing with Section 33850) of Division 11 of
Title 4 of Part 6.
(H) Any provision listed in subdivision (a) of Section 16585.
(2) Information may be disseminated pursuant to paragraph (1) only
if all of the following conditions are satisfied:
(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
Prevention 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.
(3) 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.
SECTION 1. Section 11106.5 is added to the
Penal Code , to read:
11106.5. (a) In addition to the requirements of Section 11106,
the Attorney General shall keep and properly file a complete record
of both of the following:
(1) Ammunition vendor license information pursuant to Article 3
(commencing with Section 30345) of Chapter 1 of Division 10 of Title
4 of Part 6.
(2) Information required by Section 30369.
(b) If the conditions of paragraph (2) of subdivision (c) of
Section 11106 are met, an officer referred to in paragraphs (1) to
(6), inclusive, of subdivision (b) of Section 11105 may disseminate
the fact of any ammunition purchases by the subject of a state
summary criminal history record based on information supplied by the
department pursuant to Section 30352.
SEC. 2. Section 16150 of the Penal Code is amended to read:
16150. (a) As used in this part, except as specified in
subdivision (b), "ammunition" means one or more loaded cartridges
consisting of a primer case, propellant, and with one or more
projectiles. "Ammunition" does not include blanks.
(b) As used in subdivision (a) of Section 30305 and in Section
30306, "ammunition" includes, but is not limited to, any bullet,
cartridge, magazine, clip, speed loader, autoloader, or projectile
capable of being fired from a firearm with a deadly consequence.
"Ammunition" does not include blanks.
SEC. 3. Section 16151 is added to the Penal Code, to read:
16151. Commencing January 1, 2018, as used in this part,
"ammunition vendor" means any person, firm, corporation, dealer, or
any other business who has a current ammunition vendor license issued
pursuant to Section 30345.
SEC. 4. Section 16650 of the Penal Code is repealed.
SEC. 5. Section 16662 of the Penal Code is repealed.
SEC. 6. Section 17315 of the Penal Code is amended to read:
17315. As used in Article 2 (commencing with Section 30300),
Article 3 (commencing with Section 30345), Article 4 (commencing with
Section 30355), and Article 5 (commencing with Section 30360) of
Chapter 1 of Division 10 of Title 4, "vendor" means an ammunition
vendor.
SEC. 7. 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, 1996, 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 July 1, 2019, the file shall also be used to
cross-reference persons who attempt to 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.
SEC. 8. Section 30306 of the Penal Code is amended to read:
30306. (a) Any person, corporation, firm, or other business
enterprise who supplies, delivers, sells, or gives possession or
control of, any ammunition to any person who he or she knows or using
reasonable care should know is prohibited from owning, possessing,
or having under custody or control, any ammunition or reloaded
ammunition pursuant to subdivision (a) or (b) of Section 30305, is
guilty of a misdemeanor, punishable by imprisonment in a county jail
not exceeding one year, or a fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
(b) Any person, corporation, firm, or other business enterprise
who supplies, delivers, sells, or gives possession or control
of, any of ammunition to any
a person who the person, corporation, firm, or
other business enterprise knows or has cause to believe is not the
actual purchaser or transferee or has cause to believe is
not the actual purchaser or transferee of the ammunition,
with knowledge or cause to believe that the ammunition is to be
subsequently sold or transferred to a person who is prohibited from
owning, possessing, or having under custody or control any ammunition
or reloaded ammunition pursuant to subdivision (a) or (b) of Section
30305, is guilty of a misdemeanor, punishable by imprisonment in a
county jail not exceeding one year, year
or a fine not exceeding one thousand dollars ($1,000), or by
both that fine and imprisonment.
(c) 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 this section and
another provision of law shall not be punished under more than one
provision.
SEC. 9. Section 30312 of the Penal Code is repealed.
SEC. 10. Article 3 (commencing with Section 30345) of Chapter 1 of
Division 10 of Title 4 of Part 6 of the Penal Code is repealed.
SEC. 11. Article 3 (commencing with Section 30345) is added to
Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, to
read:
Article 3. Ammunition Vendor License
30345. (a) Commencing January 1, 2018, only an ammunition vendor
who is licensed by the Department of Justice shall be authorized to
sell ammunition in this state, except as provided by Article 5
(commencing with Section 30360).
(b) Subdivision (a) does not apply to the sale of ammunition by
any of the following:
(1) A commercial hunting club, as defined in Section 3240.5 of the
Fish and Game Code, provided the ammunition is used and consumed on
the licensed premises while engaged in lawful hunting activity.
(2) A domesticated game bird hunting club, pursuant to Section
3270 of the Fish and Game Code, provided the ammunition is used and
consumed on the licensed premises while engaged in lawful hunting
activity.
(3) A domesticated migratory game bird shooting club, pursuant to
Article 4 (commencing with Section 3300) of Chapter 2 of Part 1 of
Division 4 of the Fish and Game Code, provided the ammunition is used
and consumed on the licensed premises while engaged in lawful
hunting activity.
(4) A nonprofit mutual or public benefit corporation organized
pursuant to the Corporations Code that engages in recreational
shooting and lawful hunting activity provided that the ammunition is
used and consumed during the shooting or hunting event conducted by
that nonprofit or public benefit corporation.
(5) A target facility that holds a business or regulatory license
provided that the ammunition is at all times kept within the facility'
s premises and used on the premises.
(6) A person who sells no more than 50 100
rounds of ammunition to one vendor in one month or
cumulatively sells no more than 250 rounds per year to vendors in
this state.
(c) The Department of Justice is authorized to issue ammunition
vendor licenses pursuant to this article. The department shall,
commencing July 1, 2017, accept applications for ammunition vendor
licenses. The department shall issue a license or deny the
application for a license within 60 days of receipt of the
application in the first two years of implementation, and within 30
days thereafter. If the application is denied, the department shall
inform the applicant of the reason for denial in writing.
(d) 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 license shall allow the licensee to sell ammunition
from a fixed location and at any place set forth in subdivision (b)
of Section 30365.
30346. (a) The department may charge ammunition vendor license
applicants a fee sufficient to cover the reasonable costs of issuing
a certificate of eligibility, as described, except for those persons
or entities described in subdivision (d) of Section 30347.
(b) The fees received by the department pursuant to this article
shall be deposited in the Ammunition Special Account, 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, Article 4 (commencing with Section 30355) and
Article 5 (commencing with Section 30360).
30347. (a) The department is authorized to issue ammunition
vendor licenses to ammunition vendors who the department has
determined are not prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm,
firearm and who have a certificate of
eligibility issued by the department.
(b) The department shall require any agent or employee of a vendor
who handles, sells, or delivers ammunition to obtain and provide to
the ammunition vendor a certificate of eligibility from the
Department of Justice pursuant to Section 26710. On the application
for the certificate, the agent or employee shall provide the name and
California ammunition vendor number of the vendor with whom the
person is employed.
(c) In the case of an entity other than a natural person, the
department shall issue the license to the business entity, pursuant
to the requirements in subdivisions (a) and (b).
(d) The department shall, upon request and in a manner prescribed
by the department, issue ammunition vendor licenses to the following:
(1) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive.
(2) A person who is on the centralized list of federal firearms
licensees maintained by the department pursuant to Article 6
(commencing with Section 28450) of Chapter 6 of Division 6.
(3) A gunsmith as defined in Section 16630.
(4) A wholesaler as defined in Section 17340.
(5) 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, Code and the
regulations issued pursuant thereto.
(e) The department shall keep a registry of all licensed
ammunition vendors.
(f) The department shall revoke the license of any ammunition
vendor who violates this article, Article 4 (commencing with Section
30355), or Article 5 (commencing with Section 30360) in any
combination three times. The ammunition vendor shall thereafter be
permanently ineligible for an ammunition vendor license.
SEC. 12. Article 4 (commencing with Section 30355) is added to
Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, to
read:
Article 4. Ammunition Purchase Authorization
30355. (a) Any person who violates any provision of this article
is guilty of a misdemeanor, punishable by imprisonment in a county
jail not exceeding one year, year or a
fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment.
(b) The provisions of this article are cumulative,
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.
30356. (a) Commencing July 1, 2019 the department shall
electronically approve the purchase or transfer of ammunition through
a vendor, as defined in Section 16151, except as otherwise
specified. This approval shall occur at the time of purchase or
transfer, prior to the purchaser or transferee taking possession of
the ammunition.
(b) To determine if the purchaser or transferee is eligible to
purchase or possess ammunition, the department shall cross-reference
the ammunition purchaser's or transferee's name, date of birth,
current address, and driver's license or other government
identification number, as described in Section 28180, with the
information maintained in the Automated Firearms System (AFS). If the
purchaser's or transferee's information does not match an AFS entry,
the transaction shall be denied. If the purchaser's or transferee's
information matches an AFS entry, the department shall determine if
the purchaser or transferee falls within a class of persons who are
prohibited from owning or possessing ammunition by cross-referencing
the Prohibited Armed Persons File. If the purchaser or transferee is
prohibited from owning or possessing a firearm, the transaction shall
be denied.
(c) A vendor is prohibited from providing a purchaser or
transferee ammunition without department approval. If a vendor cannot
electronically verify a person's eligibility to purchase or possess
ammunition via an Internet connection, the department shall provide a
phone line to verify eligibility. This option is available to
ammunition vendors who can demonstrate legitimate geographical and
telecommunications limitations in submitting the information
electronically, electronically and who are
approved by the department to use the phone line verification.
(d) The department shall recover the reasonable cost of regulatory
and enforcement activities related to this article by charging
ammunition purchasers and transferees a per-transaction fee not to
exceed one dollar ($1), provided, however, that the fees
fee may be increased at a rate not to exceed any
increases in the California Consumer Price Index as compiled and
reported by the Department of Industrial Relations, not to exceed the
reasonable regulatory and enforcement costs. The fees shall be
deposited in the Ammunition Special Account, to be available upon
appropriation by the Legislature, for use by the Department of
Justice for the purpose of implementing and enforcing this article,
Article 3 (commencing with Section 30345), and Article 5 (commencing
with Section 30360).
(e) This section shall not apply to the sale, delivery, or
transfer of ammunition to any of the following, if properly
identified prior to the delivery of the ammunition by the vendor:
(1) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive.
(2) A person who is on the centralized list of federal firearms
licensees maintained by the department pursuant to Article 6
(commencing with Section 28450) of Chapter 6 of Division 6.
(3) A gunsmith as defined in Section 16630.
(4) A wholesaler as defined in Section 17340.
(5) 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, Code and the
regulations issued pursuant thereto.
(6) An ammunition vendor.
(7) A person whose licensed premises are outside of 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.
(8) 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 pursuant to
Section 26710.
(9) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale
or other 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 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, or designee, 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.
(10) A properly identified sworn peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 or
properly identified sworn member of a federal law enforcement agency
who is authorized to carry a firearm in the course and scope of the
officer's duties.
(11) A target facility that holds a business or regulatory
license.
(12) A person who purchases or receives ammunition at a target
facility holding a business or other regulatory license, provided
that the ammunition is at all times kept within the facility's
premises and used on the premises.
(13) A commercial hunting club, as defined in Section 3240.5 of
the Fish and Game Code.
(14) A domesticated game bird hunting club, pursuant to Section
3270 of the Fish and Game Code.
(15) A domesticated migratory game bird shooting club, pursuant to
Article 4 (commencing with Section 3300) of Chapter 2 of Part 1 of
Division 4 of the Fish and Game Code.
(16) A participant at a shooting or hunting event conducted by any
of the following:
(A) A commercial hunting club, as defined in
Section 3240.5 of the Fish and Game Code, provided the ammunition is
used and consumed on the licensed premises while engaged in lawful
hunting activity.
(B) A domesticated game bird hunting club, pursuant to Section
3270 of the Fish and Game Code, provided the ammunition is used and
consumed on the licensed premises while engaged in lawful hunting
activity.
(C) A domesticated migratory game bird shooting club, pursuant to
Article 4 (commencing with Section 3300) of Chapter 2 of Part 1 of
Division 4 of the Fish and Game Code, provided the ammunition is used
and consumed on the licensed premises while engaged in lawful
hunting activity.
(17) A nonprofit mutual or public benefit corporation organized
pursuant to the Corporations Code that engages in recreational
shooting and lawful hunting activity.
(18) A participant at a shooting or hunting event conducted by a
nonprofit mutual or public benefit corporation organized pursuant to
the Corporations Code that engages in recreational shooting or lawful
hunting activity provided that the ammunition is used and consumed
during the event.
(19) A person who is authorized to carry loaded firearms pursuant
to Section 25900, 25905, 25910, 25925, 26010, 26015, 26025, or 26030.
(20) 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.
(21) A holder of a valid entertainment firearms permit issued
pursuant to Chapter 2 (commencing with Section 29500) of Division 8.
(22) A person authorized by the department pursuant to Section
30357.
30357. The department shall develop a procedure in which a person
who is not prohibited from purchasing or possessing ammunition may
be approved for a single ammunition transaction or purchase. The
department shall recover the cost of processing, regulatory, and
enforcement activities related to this section,
section by charging the ammunition transaction or purchase
applicant a fee not to exceed the fee charged for the department's
Dealer Record of Sale (DROS) process, as described in Section 28225,
and not to exceed the department's reasonable costs.
SEC. 13. Article 5 (commencing with Section 30360) is added to
Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, to
read:
Article 5. Ammunition Sales
30360. (a) Any person who violates any provision of this article
is guilty of a misdemeanor, punishable by imprisonment in a county
jail not exceeding one year, year or a
fine not exceeding one thousand dollars ($1,000), or by both that
fine and imprisonment.
(b) The provisions of this article are cumulative,
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.
30362. 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
or to deliver or have under his or her custody or
control, control ammunition in the course and
scope of employment.
30363. A vendor shall not sell or otherwise transfer ownership
of, offer for sale, or otherwise offer to transfer ownership of,
display for sale, or display for transfer 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.
30364. (a) The sale, delivery, or transfer of ammunition may only
occur in a face-to-face transaction with the seller, 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
article, Article 3 (commencing with Section 30345), and Article 4
(commencing with Section 30355). An ammunition vendor is required to
promptly and properly process those transactions. An ammunition
vendor may charge a fee to process the transfer not to exceed ten
dollars ($10) per transaction. An ammunition vendor is not required
to house ammunition orders longer than 30 days.
(b) Subdivision (a) shall not apply to or affect the sale,
delivery, or transfer of ammunition to any of the following:
(1) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive.
(2) A person who is on the centralized list of federal firearms
licensees maintained by the Department of Justice pursuant to Article
6 (commencing with Section 28450) of Chapter 6 of Division 6.
(3) A gunsmith as defined in Section 16630.
(4) A wholesaler as defined in Section 17340.
(5) 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, Code and the
regulations issued pursuant thereto.
(6) An ammunition vendor.
(7) 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.
(8) 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.
(9) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale,
delivery, or other transfer is for exclusive use by that government
agency and, prior to the sale, delivery, or transfer of the
ammunition, written authorization is received from the head of the
agency, or designee, 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
employing the individual.
(10) A properly identified sworn peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or
properly identified sworn member of a federal law enforcement agency
who is authorized to carry a firearm in the course and scope of the
officer's duties.
(11) A target facility holding a business or other regulatory
license.
(12) A commercial hunting club, as defined in Section 3240.5 of
the Fish and Game Code.
(13) A domesticated game bird hunting club, pursuant to Section
3270 of the Fish and Game Code.
(14) A domesticated migratory game bird shooting club, pursuant to
Article 4 (commencing with Section 3300) of Chapter 2 of Part 1 of
Division 4 of the Fish and Game Code.
(15) A nonprofit mutual or public benefit corporation organized
pursuant to the Corporations Code that engages in recreational
shooting and lawful hunting activity.
(16) A consultant-evaluator.
(17) A contract or common carrier or an authorized agent or
employee thereof, when acting in conformance with applicable federal
law.
30365. (a) Except as provided in subdivision (b), the sale of
ammunition shall be conducted at the location specified in the
license.
(b) A vendor may sell ammunition at a gun show or event, as
described in Chapter 3 (commencing with Section 27200) of Division 6,
if the gun show or event is not conducted from any motorized or
towed vehicle.
(c) Sales of ammunition at a gun show or event shall comply with
Sections 30345, 30356, 30369, and 30370.
30366. (a) When neither party in an ammunition sale is a vendor,
the following shall apply:
(1) The seller shall deliver the ammunition to a vendor to process
the transaction.
(2) The vendor shall then promptly and properly deliver the
ammunition to the purchaser, if the sale is not prohibited, as if the
ammunition were the vendor's own merchandise.
(3) If the vendor cannot legally deliver the ammunition to the
purchaser, the vendor shall forthwith return the ammunition to the
seller. This return is not subject to Section 30356.
(b) The vendor may charge the purchaser an administrative fee to
process the transaction, not to exceed ten dollars ($10) per
transaction processed.
(c) A person selling ammunition pursuant to this section is exempt
from the requirement to be licensed pursuant to Section 30345.
(d) This section does not apply to a person whose premises are
outside of this state when directly selling and shipping ammunition
to a law enforcement agency within this state.
30367. (a) Notwithstanding Sections 30345 and 30366, the sale of
ammunition between the following is authorized so long as it does not
exceed fifty (50) 50 rounds per month:
(1) The sale of ammunition between licensed hunters while engaged
in lawful hunting activity.
(2) The sale of ammunition between immediate family members,
spouses, or registered domestic partners.
(b) Notwithstanding Sections 30345 and 30366, the sale of
ammunition by a private individual to an authorized representative of
a city, city and county, county, state, or the federal government,
as part of a voluntary program is authorized.
(c) Ammunition acquired pursuant to subdivision (b) shall be
disposed of in the same manner as set forth for firearms in
Sections Section 18000, 18005, or 34000.
30368. (a) Commencing July 1, 2019, a resident of this state
shall not bring or transport into this state any ammunition that he
or she purchased from outside of this state unless he or she first
has that ammunition delivered to an ammunition vendor in this state
for delivery to that resident pursuant to the procedures set forth in
Section 30366.
(b) Subdivision (a) does not apply to any of the following
bringing or transporting into this state any ammunition:
(1) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive.
(2) A person who is on the centralized list of federal firearms
licensees maintained by the department pursuant to Article 6
(commencing with Section 28450) of Chapter 6 of Division 6.
(3) A gunsmith as defined in Section 16630.
(4) A wholesaler as defined in Section 17340.
(5) 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.
(6) An ammunition vendor.
(7) 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.
(8) Authorized law enforcement representatives of cities,
counties, cities and counties, or state or federal governments for
exclusive use by those government agencies if, prior to the
importation, the person has written authorization from the head of
the agency authorizing the acquisition of that ammunition. Proper
written authorization is defined as verifiable written certification
from the head of the agency, or designee, by which the person is
employed, identifying the employee as an individual authorized to
acquire and import ammunition, and authorizing the transaction for
the exclusive use of the agency by which he or she is employed.
(9) A properly identified sworn peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or
properly identified sworn member of a federal law enforcement agency
who is authorized to carry a firearm in the course and scope of the
officer's duties.
(10) A contract or common carrier or an authorized agent or
employee thereof, when acting in conformity with applicable federal
law.
(11) A person who purchases the ammunition from an immediate
family member, spouse, or registered domestic partner if the person
brings or transports into this state no more than 50 rounds.
(12) The executor or administrator of an estate that includes
ammunition.
(13) A person that at the time he or she acquired the ammunition
was not a resident of this state.
(14) Ammunition that is imported into this country pursuant to
provisions of Section 925(a)(4) of Title 18 of the United States
Code.
(15) A licensed hunter who purchased the ammunition outside of
this state for use in a lawful hunting activity that occurred outside
of this state if the person brings or imports no more than 50 rounds
into this state and the ammunition is designed and intended for use
in the firearm the hunter used in that hunting activity.
(16) A person who attended and participated in an organized
competitive match or league competition that involves the use of
firearms in a match or competition;
competition sponsored by, conducted under the auspices of, or
approved by, a law enforcement agency or a nationally or state
recognized entity that fosters proficiency in, or promotes education
about, firearms, and the person brings or imports into this state no
more than 50 rounds of ammunition designed and intended to be used in
the firearm the person used in the match or competition.
30369. (a) Commencing July 1, 2019, 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 purchaser's full name.
(2) The purchaser's or transferee's driver's license or other
identification number and the state in which it was issued
(3) The date of the sale or other transaction.
(4) The brand, type, and amount of ammunition sold or otherwise
transferred.
(5) The name of the salesperson who processed the sale or other
transaction.
(6) The purchaser's or transferee's full residential address and
telephone number.
(7) The purchaser's or transferee's date of birth.
(b) Commencing July 1, 2019, the vendor shall electronically
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 ammunition. The department shall retain this
information for two years in a database to be known as the Ammunition
Purchase Records File for the sole purpose of aiding and assisting
local and state law enforcement agencies in an active investigation.
The vendor shall not share any of the information required by
subdivision (a) for any reason other than for authorized law
enforcement purposes. The information in the Ammunition Purchase
Records File may be accessed by a state or local law enforcement
agency only if the department is provided a case number or other
sufficient information as determined by the department that indicates
an active investigation, investigation
and the information sought is for the investigation or prosecution
of that case.
(c) In the case that a vendor cannot submit the information
required by subdivision (a) electronically via an Internet
connection, the department shall provide a telephone line to submit
the information if the vendor can demonstrate legitimate geographic
and telecommunications limitations to submitting the information
electronically, and the department approves the vendor's use of the
telephone line.
(d) This section shall not apply to or affect sales or other
transfers of ammunition by ammunition vendors to any of the
following, if properly identified:
(1) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive.
(2) A person who is on the centralized list of federal firearms
licensees maintained by the department pursuant to Article 6
(commencing with Section 28450) of Chapter 6 of Division 6.
(3) A gunsmith as defined in Section 16630.
(4) A wholesaler as defined in Section 17340.
(5) A manufacturer or importer of firearms licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code, Code and the regulations
issued pursuant thereto.
(6) An ammunition vendor.
(7) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale
or other 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, or designee,
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, or designee, 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.
(8) A properly identified sworn peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or
properly identified sworn member of a federal law enforcement agency
who is authorized to carry a firearm in the course and scope of the
officer's duties.
(9) A target facility that holds a business or regulatory license.
(10) A person who purchases or receives ammunition at a target
facility holding a business or other regulatory license, provided
that the ammunition is at all times kept within the facility's
premises and used on the premises.
(11) A commercial hunting club, as defined in Section 3240.5 of
the Fish and Game Code.
(12) A domesticated game bird hunting club, pursuant to Section
3270 of the Fish and Game Code.
(13) A domesticated migratory game bird shooting club, pursuant to
Article 4 (commencing with Section 3300) of Chapter 2 of Part 1 of
Division 4 of the Fish and Game Code.
(14) A participant at a shooting or hunting event conducted by any
of the following:
(A) A commercial hunting club, as defined in Section 3240.5 of the
Fish and Game Code, provided the ammunition is used and consumed on
the licensed premises while engaged in lawful hunting activity.
(B) A domesticated game bird hunting club, pursuant to Section
3270 of the Fish and Game Code, provided the ammunition is used and
consumed on the licensed premises while engaged in lawful hunting
activity.
(C) A domesticated migratory game bird shooting club, pursuant to
Article 4 (commencing with Section 3300) of Chapter 2 of Part 1 of
Division 4 of the Fish and Game Code, provided the ammunition is used
and consumed on the licensed premises while engaged in lawful
hunting activity.
(15) A nonprofit mutual or public benefit corporation organized
pursuant to the Corporations Code that engages in recreational
shooting and lawful hunting activity.
(16) A participant at a shooting or hunting event conducted by a
nonprofit mutual or public benefit corporation organized pursuant to
the Corporations Code that engages in recreational shooting or lawful
hunting activity provided that the ammunition is used and consumed
during the event.
30370. A vendor shall not knowingly make a false entry
in, or fail to make a required entry of information in
accordance with Section 30369.
SEC. 14. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, 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.
However, if the Commission on State Mandates determines that this
act contains other costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division 4 of
Title 2 of the Government Code.
SEC. 15. The Legislature finds and declares that Section 13 of
this act, which adds Section 30369 to the Penal Code, imposes a
limitation on the public's right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes the
following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:
In order to protect the personal information of ammunition
purchasers, it is necessary that this act limit the public's right of
access to that information.