AB 48, as amended, Skinner. Firearms: ammunition: sales.
(1) Except as specified, existing law makes it a crime to manufacture, import, keep for sale, offer or expose for sale, or give or lend any large-capacity magazine, and makes a large-capacity magazine a nuisance. Existing law defines “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds but excludes, in pertinent part, a feeding device that has been permanently altered so that the magazine cannot accommodate more than 10 rounds.
This bill would make it a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment, to knowingly manufacture, import, keep for sale, offer or expose for sale, or give or lend any device that is capable of converting an ammunition feeding device
into a large-capacity magazine. The bill would revise the definition of “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds, including abegin delete readily restorable, as defined,end delete disassembled large-capacity magazinebegin delete,end deletebegin insert that is readily restorable, as defined, to accommodate more than 10 rounds of ammunition,end insert and an oversize magazine body that appears to hold in excess of 10 roundsbegin insert but has not been permanently altered to only accommodate 10 rounds of ammunition or lessend insert. The bill would make related, conforming changes. By creating a new crime, this bill would impose a state-mandated
local program.
(2) Existing law prohibits any person, corporation, or dealer from selling ammunition to a person under 18 years of age, selling ammunition designed for use in a handgun to a person under 21 years of age, or providing possession of any ammunition to any minor who the person, corporation, or dealer knows is prohibited from possessing that ammunition at that time. Existing law prohibits a person, corporation, or firm from giving possession or control of ammunition to any person who he or she knows is prohibited by law from possessing ammunition. Existing law also regulates handgun ammunition vendors and provides that a handgun ammunition vendor shall not permit any employee who the vendor knows or reasonably should know is a person who has been convicted of a felony or other specified crimes to handle, sell, or deliver handgun ammunition in the course and scope of employment.
This bill
wouldbegin insert require the Department of Justice to keep a centralized list of licensed ammunition vendors who meet certain specified requirements. The bill wouldend insert require anyone in the state, prior to selling or otherwise transferring ownership of any ammunition to an individual or business entity in this state or any other statebegin insert,end insert tobegin delete possess a license to sell ammunition or a license to sell firearms, as provided,end deletebegin insert be an ammunition vendor, defined as a person whoend insertbegin insert is currently on the centralized list of ammunition vendors,end insert
to require proper identification, as prescribed, and to report the sales to the Department of Justice. An individual whobegin delete fails to make the required report or who knowingly makes a report with false or fictitious informationend deletebegin insert
violates these provisionsend insert would be guilty of a crime, and the ammunitionbegin delete dealerend deletebegin insert vendorend insert would be subject to an administrative enforcement action by the departmentbegin delete as specifiedend deletebegin insert to remove the vendor from the centralized list of ammunition vendorsend insert. This bill would exempt an individual in the state who sells, transfers, or furnishes ammunition to certain specified law enforcement individuals from those identification and reporting requirements. By creating a new crime, this bill would impose a state-mandated local program.
The bill would require the department to alert local law enforcement entities in the community in which the purchaser resides if an individual purchaser who is not a peace officer obtains more than 3,000 rounds within a 5-day period.
The bill would allow a person to request a licensebegin delete to sell ammunitionend delete from the Department of Justicebegin insert to be an ammunition vendorend insert, would require the department to conduct a background check to determine if the applicant is prohibited by state or federal law from possessing a firearm, and would require the department to issue a license tobegin delete sellend deletebegin insert be anend insert ammunitionbegin insert
vendorend insert to an applicant if the applicant is not prohibited. The bill would require the department to adopt regulations to recover the costs of administering the program by imposing a fee on applicants.
The bill would require the department to create the California Ammunition Database, and would require the department to cross-reference specified information about ammunition purchasers provided by licensed ammunitionbegin delete dealersend deletebegin insert vendorsend insert with the Prohibited Armed Persons File. If thebegin delete dealerend deletebegin insert ammunition vendorend insert failed to report that information, the bill would
authorize an administrative enforcement action against thebegin delete dealerend deletebegin insert vendorend insert by the department. The bill would make these provisions and the above reporting requirements regarding the sale of ammunition operative upon the creation of the California Ammunition Database by the department. The bill would require the department to adopt regulations and to recover costs of administering the program by imposing a fee on ammunition dealers.
(3) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
begin insertSection 16151 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
2read:end insert
“Ammunition vendor” means any person who is
2currently recorded on the centralized list of ammunition vendors
3compiled by the Department of Justice pursuant to Section 30302.5.
Section 16740 of the Penal Code is amended to read:
(a) As used in this part, “large-capacity magazine”
7means any ammunition feeding device with the capacity to accept
8more than 10 rounds, including, but not limited to,begin delete a readily begin insert aend insert disassembled large-capacity magazinebegin insert that is readily
9restorableend delete
10restorable to accommodate more than 10 rounds of ammunition,end insert
11 and an oversize magazine body that appears to hold in excess of
1210begin delete rounds.end deletebegin insert
rounds but has not been permanently altered to only
13accommodate 10 rounds of ammunition or less.end insert A magazine body
14is not a large-capacity magazine if it is only of sufficient size to
15accommodatebegin delete no more thanend delete 10begin insert or fewerend insert rounds of ammunition
16and the internal working parts of the magazine, including the
17follower and spring.
18(b) As used in thisbegin delete sectionend deletebegin insert partend insert, “readily restorable”begin delete meansend delete
19begin insert
includes all of theend insert magazine partsbegin insert
of a fully functioning
20large-capacity magazine, including, but not limited to, the body,
21spring, follower, and floor plate or end plate,end insert under the custody
22and control of an individual or individuals that can be assembled
23into a complete magazine.
Section 16740.5 is added to the Penal Code, to read:
As used in this part, a “large-capacity magazine” shall
27not be construed to include any of the following:
28(a) A .22 caliber tube ammunition feeding device.
29(b) A tubular magazine that is contained in a lever-action
30firearm.
Section 16890 of the Penal Code is amended to read:
As used in Section 16150, 16740,begin delete 30305,end delete or 30515,
34“magazine” means any ammunition feeding device, including
35begin delete readily restorableend deletebegin insert aend insert disassembledbegin delete magazines.end deletebegin insert magazine that is
36readily restorable to be an ammunition feeding device.end insert For
37purposes of this section, “readily restorable” meansbegin delete magazineend deletebegin insert
all
38of theend insert partsbegin insert
of a largeend insertbegin insert-capacity magazine, including, but not limited
39to, the body, spring, follower, and floor plate or end plate,end insert under
P5 1the custody and control of an individual or individuals that can be
2assembledbegin delete into a completeend deletebegin insert as a fully functioningend insert magazine.
Section 30301 is added to the Penal Code, to read:
(a) Anyone in this state, prior to selling, transferring,
6or otherwise furnishing ammunition to an individual or business
7entity in this state or any other state, shall do all of the following:
8(1) Possess a license to sell ammunition, as described in Section
930302, or a license to sell firearms pursuant to Article 1
10(commencing with Section 26700) and Article 2 (commencing
11with Section 26800) of Chapter 2.
12(1) Be an ammunition vendor as defined in Section 16151.
end insert
13(2) Require proper identification from the purchaser in the form
14of a driver’s license or other photographic identification issued by
15a state or the federal government.
16(3) Submit a report to the Department of Justice for all of the
17transactions, in a manner to be determined by the department.
18(b) The Department of Justice shall alert local law enforcement
19entities in thebegin delete communityend deletebegin insert city, county, or city and
countyend insert in which
20the purchaser resides if the purchaser obtains more than 3,000
21rounds within a five-day period and the purchaser isbegin delete an individual begin insert not an ammunition vendorend insert.
22and not an authorized firearms dealerend delete
23The department is not required to alert local law enforcement of
24sales of ammunition made to peace officers.
25(c) (1) begin deleteAny individual who does not submit the report required begin insertA
violation of this section end insert
26by paragraph (3) of subdivision (a), or who knowingly submits a
27report with false or fictitious information, end delete
28shall be punished by imprisonment in a county jail not exceeding
29six months, by a fine not exceeding five thousand dollars ($5,000),
30or by both the fine and imprisonment, and thebegin delete dealerend deletebegin insert ammunition
31vendorend insert is subject to an administrative enforcement action by the
32department tobegin delete revoke or suspend the dealer’s license to sell begin insert remove the ammunition vendor from the centralized
33ammunitionend delete
34list of ammunition vendorsend insert.
35(2) Any individual who has previously been convicted of a
36violation
of paragraph (1) shall, upon a subsequent conviction
37thereof, be punished by imprisonment pursuant to subdivision (h)
38of Section 1170 of the Penal Code, or by imprisonment in a county
39jail not exceeding one year, by a fine not exceeding one hundred
40thousand dollars ($100,000), or by both the fine and imprisonment.
P6 1(d) Subdivisions (a), (b), and (c) do not apply to or affect the
2sale, delivery, or transfer of ammunition to any of the following:
3(1) An authorized law enforcement representative of a city,
4county, city and county, or state or federal government, if the sale,
5delivery, or transfer is for the exclusive use by that government
6agency and, prior to the sale, delivery, or transfer of the
7ammunition, written authorization from the head of the agency
8employing the purchaser or
transferee is obtained identifying the
9employee as an individual authorized to conduct the transaction,
10and authorizing the transaction for the exclusive use of the agency
11employing the individual.
12(2) A sworn peace officer, as defined in Chapter 4.5
13(commencing with Section 830) of Title 3 of Part 2 who is
14authorized to carry a firearm in the course and scope of his or her
15duties.
Section 30302 is added to the Penal Code, to read:
(a) A person may requestbegin delete an ammunitionend deletebegin insert aend insert license
19from the Department of Justicebegin insert to be an ammunition vendorend insert.
20(b) The Department of Justice shall examine its recordsbegin delete and in order to determine if the applicant
21records available to the department in the National Instant Criminal
22Background Check Systemend delete
23is prohibited by state
or federal law from possessing, receiving,
24owning, or purchasing a firearm.
25(c) The department shall issue a license tobegin delete sell ammunitionend deletebegin insert be
26an ammunition vendorend insert to an applicant if the department’s records
27indicate that the applicant is not a person who is prohibited by
28state or federal law from possessing firearmsbegin insert and the applicant
29complies with the requirements of subdivision (b) of Section
3030302.5end insert.
31(d) The department shall adopt regulations to administer this
32program and shall recover the reasonable costs of administering
33and
enforcing this program, by imposing fees assessed to applicants
34who apply for those licenses.
35(e) All funds collected shall be deposited in the Ammunition
36begin delete Dealer Licenseend deletebegin insert Vendorend insert Fund, which is hereby created.
begin insertSection 30302.5 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert
begin insert(a) Except as otherwise provided in subdivisions (c),
39(d), and (e), the Department of Justice shall keep a centralized list
40of ammunition vendors licensed pursuant to Section 30302.
P7 1(b) In order to be listed as an ammunition vendor on the
2centralized list of ammunition vendors, a person shall satisfy all
3of the following requirements:
4(1) Meet at least one of the following criteria:
5(A) Be recorded on the centralized list of licensed firearms
6dealers specified in Section 26715.
7(B) Be recorded on the centralized list of licensed firearms
8
manufacturers specified in Section 29060.
9(C) Have a certificate of eligibility issued by the Department
10of Justice pursuant to Section 26710.
11(2) Have any regulatory or business license, or licenses,
12required by local government.
13(3) Have a valid seller’s permit issued by the State Board of
14Equalization.
15(4) Have payed the annual fee established by the department
16pursuant to subdivision (d) of Section 30302.
17(c) The department may remove from the centralized list any
18person who knowingly or with gross negligence violates a provision
19of Section 30301.
20(d) The department shall remove from the centralized list any
21person who
does not satisfy the requirements of subdivision (b).
22(e) Upon removal of a vendor from the list, notification shall
23be provided to local law enforcement and licensing authorities in
24the jurisdiction where the vendor’s business is located.
25(f) Information compiled from the centralized list shall only be
26made available, upon request, for law enforcement purposes.
Section 30303 is added to the Penal Code, to read:
(a) The Department of Justice shall create the California
30Ammunition Database.
31(b) Ammunitionbegin delete dealersend deletebegin insert vendorsend insert shall collect each ammunition
32purchaser’s name, date of birth, address, and the number of rounds
33of ammunition to be sold, transferred, or furnished, and report that
34information electronically to the Department of Justice. An
35ammunitionbegin delete dealerend deletebegin insert
vendorend insert who fails to report that information
36electronically to the department is subject to an administrative
37enforcement action by the department to revoke or suspend the
38begin delete dealer’send deletebegin insert vendor’send insert license to sell ammunition.
39(c) Upon receipt of the information described in subdivisionbegin delete (a)end delete
40begin insert (b)end insert, the Department of Justice shall immediately cross-reference
P8 1the purchaser’s information with the Prohibited Armed Persons
2File. If a purchaser’s name appears in the Prohibited
Armed
3Persons File, the Department of Justice shall forward that
4individual’s information to local law enforcement through a secure
5begin delete mail boxend deletebegin insert meansend insert.
6(d) The department shall record the information in subdivision
7(a) in the database for every purchaser and make the information
8readily available to ammunition dealers in an electronic format.
9The department shall also make the information in the database
10accessible
to state and local law enforcement if that access does
11not increase the cost of the database.
12(e) Prior to each sale or transfer of ammunition, an ammunition
13dealer shall, in a manner determined by the
department, check the
14ammunition purchaser’s information against the California
15Ammunition Database.
37 16(f)
end delete
17begin insert(d)end insert This section and the reporting requirement in Section 30301
18shall not become effective until the Department of Justice creates
19the California Ammunition Database, which shall occur on or
20before January 1, 2016.
21(g)
end delete
22begin insert(e)end insert The department shall adopt regulations to administer this
23program, and shall recover the reasonable costs of administering
24and enforcing this program by imposing fees assessed to
25ammunitionbegin delete dealersend deletebegin insert vendorsend insert based upon the number of rounds of
26ammunition sold or transferred to the ammunition purchaser.
27(h)
end delete
28begin insert(end insertbegin insertf)end insert For purposes of
this section, an “ammunition purchaser”
29includes any individualbegin delete or business entityend delete who receives
30ammunition, whether by sale or transfer, or is otherwise furnished
31with ammunition. An ammunition purchaser does not include any
32individual or entity described in subdivision (d) of Section 30301.
begin insertSection 30304 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert
begin insertFor purposes of Sections 30301, 30302, 30302.5, and
3530303, “ammunition” does not include blanks.
begin insertSection 32310 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert
begin insert(a)end insertbegin insert end insert Except as provided in Article 2 (commencing with
38Section 32400) of this chapter and in Chapter 1 (commencing with
39Section 17700) of Division 2 of Title 2, commencing January 1,
402000, any person in this state who manufactures or causes to be
P9 1manufactured, imports into the state, keeps for sale, or offers or
2exposes for sale, or who gives,begin delete orend delete lends,begin insert buys, or receivesend insert any
3large-capacity magazine is punishable by imprisonment
in a county
4jail not exceeding one year or imprisonment pursuant to subdivision
5(h) of Section 1170.
6(b) For purposes of this section, “manufacturing” includes both
7fabricating a magazine and assembling a magazine from a
8combination of parts, including, but not limited to, the body, spring,
9follower, and floor plate or end plate, to be a fully functioning
10large-capacity magazine.
Section 32311 is added to the Penal Code, to read:
Except as provided in Article 2 (commencing with
14Section 32400) of this chapter and in Chapter 1 (commencing with
15Section 17700) of Division 2 of Title 2, commencing January 1,
162014, any person in this state who knowingly manufactures or
17causes to be manufactured, imports into the state, keeps for sale,
18or offers or exposes for sale, or whobegin delete gives or lendsend deletebegin insert gives, lends,
19buys, or receivesend insert any devicebegin delete that isend deletebegin insert or combination of the
parts of
20a fully functioning largeend insertbegin insert-capacity magazine, including, but not
21limited to, the body, spring, follower, and floor plate or end plate,end insert
22 capable of converting an ammunition feeding device into a
23large-capacity magazine is punishable by a fine of not more than
24one thousand dollars ($1,000) or imprisonment in a county jail not
25to exceed six months, or by both that fine and imprisonment.
Section 32390 of the Penal Code is amended to read:
(a) Except as provided in Article 2 (commencing with
29Section 32400) of this chapter and in Chapter 1 (commencing with
30Section 17700) of Division 2 of Title 2, and in subdivision (b),
31any large-capacity magazine is a nuisance and is subject to Section
3218010.
33(b) Subdivision (a) does not apply to the possession of a readily
34restorable disassembled large-capacity magazine or an oversize
35magazine body that has been permanently altered so that the
36magazine cannot accommodate more than 10 rounds by a person
37who lawfully possessed the magazine prior to January 1, 2014.
No reimbursement is required by this act pursuant to
40Section 6 of Article XIII B of the California Constitution because
P10 1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California
7Constitution.
O
96