BILL NUMBER: SB 1235 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 22, 2016
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 16150, 17315, 30000, and 30306
30306, and 30352 of, to add 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, to repeal and add Section 30370 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. ammunition, and making an
appropriation therefor.
LEGISLATIVE COUNSEL'S DIGEST
SB 1235, as amended, De León. Ammunition.
(1) The proposed Safety for All Act of 2016, to be submitted to
the voters at the November 8, 2016, statewide general election, if
enacted would, commencing January 1, 2019, allow any person who is 18
years of age or older to apply to the Department of Justice for an
ammunition purchase authorization. The act would allow the sale of
ammunition only to persons holding an ammunition purchase
authorization or to persons who were approved by the department to
receive a firearm from the ammunition vendor if the ammunition is
delivered to the person in the same transaction as the firearm. The
bill would allow the department to charge a fee not to exceed $50 per
person for the issuance of an ammunition purchase authorization or
the issuance of a renewal authorization. The act would create a the
Ammunition Safety and Enforcement Special Fund to receive these fees
and would continuously appropriate the funds for the purposes of
implementing, operating, and enforcing the ammunition authorization
program.
This bill would, if the Safety for All Act of 2016 is enacted by
the voters at the November 8, 2016, statewide general election, amend
the act to instead allow ammunition to be sold only to a person
whose information matches an entry in the Automated Firearms System
and who is eligible to possess ammunition, to a person who has a
current certificate of eligibility issued by the department, or to a
person who purchases or transfers the ammunition in a single
ammunition transaction, as specified. If the act is enacted by the
voters, the bill would amend the act to charge ammunition purchasers
and transferees a per transaction fee not to exceed $1, as provided,
and would deposit the funds into the Ammunition Safety and
Enforcement Special Fund created by the act, which fund would be
continuously appropriated by the act, thereby making an
appropriation. If the act is enacted by the voters at the November 8,
2016, statewide general election, the other provisions of this bill
would not become operative.
The bill would make Legislative findings and declarations that
these amendments further the intent of the act.
(1)
(2) 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 , if the proposed Safety for All Act of 2016
is not enacted by the voters at the November 8, 2016, statewide
general election, require the Attorney General to also maintain
information about ammunition transactions and ammunition vendor
licenses for those purposes. 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.
By imposing new duties on local law enforcement officers, this
bill would impose a state-mandated local program.
(2)
(3) 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 , if the proposed Safety for All Act of 2016
is not enacted by the voters at the November 8, 2016,
statewide general election, extend those provisions, subject to
exceptions, to any ammunition and would reorganize those provisions.
(3)
(4) 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 , if the proposed Safety for All Act of 2016
is not enacted by the voters at the November 8, 2016, statewide
general election, 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)
(5) 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, if the proposed
Safety for All Act of 2016 is not enacted by the voters at the
November 8, 2016, statewide general election, 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)
(6) 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 , if the proposed Safety for All Act of 2016
is not enacted by the voters at the November 8, 2016, statewide
general election, 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 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)
(7) 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 , if the proposed Safety for All
Act of 2016 is not enacted by the voters at the Novemb er
8, 2016, statewide general election, 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)
(8) 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 , if the proposed Safety for All Act of 2016
is not enacted by the voters at the November 8, 2016, statewide
general election, 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 , if the proposed Safety for All Act of 2016
is not enacted by the voters at the November 8, 2016, statewide
general election, 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)
(9) By expanding existing crimes and creating new
crimes, this bill would impose a state-mandated local program.
(9)
(10) 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 yes
. Fiscal committee: yes. State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
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 that 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
ammunition to a person who the person, corporation, firm, or other
business enterprise knows 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 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 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 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 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. Section 30352 of the
Penal Code , as proposed to be amended by the Safety
for All Act of 2016 at the November 8, 2016, statewide general
election, is amended to read:
30352. (a) Commencing July 1, 2019, an ammunition vendor shall
not sell or otherwise transfer ownership of any ammunition without,
at the time of delivery, legibly recording the following information
on a form to be prescribed by the Department of Justice:
(1) The date of the sale or other transfer.
(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 full name and signature.
(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, an ammunition vendor shall
electronically submit to the Department
department the information required by subdivision (a) for all
sales and transfers of ownership of ammunition. The
Department department shall retain this
information in a database to be known as the Ammunition Purchase
Records File. This information shall remain confidential and may be
used by the Department department and
those entities specified in, and pursuant to, subdivision (b) or (c)
of Section 11105, through the California Law Enforcement
Telecommunications System, only for law enforcement purposes. The
ammunition vendor shall not use, sell, disclose, or share
such the information for any other purpose other
than the submission required by this subdivision without the express
written consent of the purchaser or transferee.
(c) Commencing on July 1, 2019, only those persons listed in this
subdivision, or those persons or entities listed in subdivision (e),
shall be authorized to purchase ammunition. Prior to delivering any
ammunition, an ammunition vendor shall require bona fide evidence of
identity to verify that the person who is receiving delivery of the
ammunition is a person or entity listed in subdivision (e) or one of
the following:
(1) A person authorized to purchase ammunition pursuant to Section
30370.
(2) A person who was approved by the Department
department to receive a firearm from the ammunition
vendor, pursuant to Section 28220, if that vendor is a licensed
firearms dealer, and the ammunition is delivered to the person in the
same transaction as the firearm.
(d) Commencing July 1, 2019, the ammunition vendor shall verify
with the Department, department, in a
manner prescribed by the Department,
department, that the person is authorized to purchase
ammunition by comparing the person's ammunition purchase
authorization number to the centralized list of authorized ammunition
purchasers. ammunition. If the person is not
listed as an authorized ammunition purchaser, the vendor shall deny
the sale or transfer.
(e) Subdivisions (a) and (d) shall not apply to sales or other
transfers of ownership of ammunition by ammunition vendors to any of
the following, if properly identified:
(1) An ammunition vendor.
(2) A person who is on the centralized list of exempted federal
firearms licensees maintained by the department pursuant to Article 6
(commencing with Section 28450) of Chapter 6 of Division 6
of this title. 6.
(3) 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.
(4) A gunsmith.
(5) A 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.
(7) 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 handgun 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.
(8) (a) (A)
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 federal law enforcement officer, who is
authorized to carry a firearm in the course and scope of the officer'
s duties.
(b) (1)
(B) (i) Proper
identification is defined as verifiable written certification from
the head of the agency by which the purchaser or transferee is
employed, identifying the purchaser or transferee as a full-time paid
peace officer who is authorized to carry a firearm in the course and
scope of the officer's duties.
(2)
(ii) The certification shall be delivered to the vendor
at the time of purchase or transfer and the purchaser or transferee
shall provide bona fide evidence of identity to verify that he or she
is the person authorized in the certification.
(3)
(iii) The vendor shall keep the certification with the
record of sale and submit the certification to the
Department department .
(f) The Department of Justice department
is authorized to adopt regulations to implement the provisions
of this section.
SEC. 12. SEC. 13. 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 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 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 telephone line to verify
eligibility. This option is available to ammunition vendors who can
demonstrate legitimate geographical and telecommunications
limitations in submitting the information electronically and who are
approved by the department to use the phone
telephone 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
per transaction fee not to exceed one dollar
($1), provided, however, that the 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 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.
(23) A person who has a current certificate of eligibility issued
by the department pursuant to Section 26710.
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 by charging the
ammunition transaction or purchase applicant a fee not to exceed the
fee charged for the department's Dealer
Dealers ' Record of Sale (DROS) process, as described
in Section 28225, and not to exceed the department's reasonable
costs.
SEC. 13. SEC. 14. 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 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 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 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 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 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 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 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 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 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 or fail to
make a required entry of information in accordance with Section
30369.
SEC. 15. Section 30370 is added to the
Penal Code , to read:
30370. (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. Pursuant to the authorization specified in paragraph
(1) of subdivision (c) of Section 30352, the following persons are
authorized to purchase ammunition:
(1) A purchaser or transferee whose information matches an entry
in the Automated Firearms System (AFS) and who is eligible to possess
ammunition as specified in subdivision (b).
(2) A purchaser or transferee who has a current certificate of
eligibility issued by the department pursuant to Section 26710.
(3) A purchaser or transferee who is not prohibited from
purchasing or possessing ammunition in a single ammunition
transaction or purchase made pursuant to the procedure developed
pursuant to subdivision (c).
(b) To determine if the purchaser or transferee is eligible to
purchase or possess ammunition pursuant to paragraph (1) of
subdivision (a), 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
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 with the Prohibited Armed Persons File. If the
purchaser or transferee is prohibited from owning or possessing a
firearm, the transaction shall be denied.
(c) 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 and regulatory and
enforcement activities related to this section by charging the
ammunition transaction or purchase applicant a fee not to exceed the
fee charged for the department's Dealers' Record of Sale (DROS)
process, as described in Section 28225 and not to exceed the
department's reasonable costs.
(d) 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
telephone line to verify eligibility. This option is available to
ammunition vendors who can demonstrate legitimate geographical and
telecommunications limitations in submitting the information
electronically and who are approved by the department to use the
telephone line verification.
(e) 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 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.
(f) A fund to be known as the "Ammunition Safety and Enforcement
Special Fund" is hereby created within the State Treasury. All fees
received pursuant to this section shall be deposited into the
Ammunition Safety and Enforcement Special Fund and, notwithstanding
Section 13340 of the Government Code, are continuously appropriated
for purposes of implementing, operating, and enforcing the ammunition
authorization program provided for in this section and Section 30352
and for repaying the start-up loan provided for in Section 30371.
(g) The Department of Justice is authorized to adopt regulations
to implement this section.
SEC. 16. Section 30370 of the Penal
Code , as proposed to be added by the Safety for All Act
of 2016 at the November 8, 2016, statewide general election, is
repealed.
30370. (a)(l) Commencing on January 1, 2019, any person who is 18
years of age or older may apply to the Department for an ammunition
purchase authorization.
(2) The ammunition purchase authorization may be used by the
authorized person to purchase or otherwise seek the transfer of
ownership of ammunition from an ammunition vendor, as that term is
defined in Section 16151, and shall have no other force or effect.
(3) The ammunition purchase authorization shall be valid for four
years from July 1, 2019 or the date of issuance, whichever is later,
unless it is revoked by the Department pursuant to subdivision (b).
(b) The ammunition purchase authorization shall be promptly
revoked by the Department upon the occurrence of any event which
would have disqualified the holder from being issued the ammunition
purchase authorization pursuant to this section. If an authorization
is revoked, the Department shall upon the written request of the
holder state the reasons for doing so and provide the holder an
appeal process to challenge that revocation.
(c) The Department shall create and maintain an internal
centralized list of all persons who are authorized to purchase
ammunition and shall promptly remove from the list any persons whose
authorization was revoked by the Department pursuant to this section.
The Department shall provide access to the list by ammunition
vendors for purposes of conducting ammunition sales or other
transfers, and shall provide access to the list by law enforcement
agencies for law enforcement purposes.
(d) The Department shall issue an ammunition purchase
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 under Section 30305(a) or federal law.
(3) The applicant pays the fees set forth in subdivision (g).
(e) (1) Upon receipt of an initial or renewal application, the
Department shall examine its records, and the records it is
authorized to request 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 under Section 30305(a) or federal law.
(2) The applicant shall be approved or denied within 30 days of
the date of the submission of the application to the Department. 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.
(3) If the Department is unable to ascertain the final disposition
of the application within 30 days of the applicant's submission, the
Department shall grant authorization to the applicant.
(4) The ammunition purchase authorization number shall be the same
as the number on the document presented by the person as bona fide
evidence of identity.
(f) The Department shall renew a person's ammunition purchase
authorization before its expiration, provided that the Department
determines that the person is not prohibited from acquiring or
possessing ammunition under Section 30305(a) or federal law, and
provided the applicant timely pays the renewal fee set forth in
subdivision (g).
(g) The Department may charge a reasonable fee not to exceed $50
per person for the issuance of an ammunition purchase authorization
or the issuance of a renewal authorization, however, the Department
shall not set these fees any higher than necessary to recover the
reasonable, estimated costs to fund the ammunition authorization
program provided for in this section and Section 30352, including the
enforcement of this program and maintenance of any data systems
associated with this program.
(h) A fund to be known as the "Ammunition Safety and Enforcement
Special Fund" is hereby created within the State Treasury. All fees
received pursuant to this section shall be deposited into the
Ammunition Safety and Enforcement Special Fund of the General Fund,
and, notwithstanding Section 13340 of the Government Code, are
continuously appropriated for purposes of implementing, operating and
enforcing the ammunition authorization program provided for in this
section and Section 30352, and for repaying the start-up loan
provided for in Section 30371.
(i) The Department shall annually review and may adjust all fees
specified in subdivision (g) for inflation.
(j) The Department of Justice is authorized to adopt regulations
to implement the provisions of this section.
SEC. 14. SEC. 17. 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. SEC. 18. 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.
SEC. 19. (a) Sections 12, 15, and 16 of this act
shall only become operative if the Safety for All Act of 2016 is
enacted by the voters at the November 8, 2016, statewide general
election and becomes effective, in which case Sections 1, 2, 3, 4, 5,
6, 7, 8, 9, 10, 11, 13, and 14 shall not become operative.
(b) The Legislature finds and declares that the intent expressed
in the Safety for All Act of 2016 is to safeguard the ability of
law-abiding, responsible Californians to own and use firearms for
lawful means while requiring background checks for ammunition
purchases in the manner required for firearm purchases so that
neither firearms nor ammunition are getting into the hands of
dangerous individuals. The Legislature finds and declares that the
amendments to the Safety for All Act of 2016 made by Sections 12, 15,
and 16 are consistent with and further that intent. The amendments
ensure that only law-abiding, responsible Californians who appear in
the Automated Firearms System are able to purchase ammunition for
their legally owned firearms while violent felons and the dangerously
mentally ill who appear in the Armed Prohibited Persons System are
not.