BILL NUMBER: SB 357 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 18, 2005
AMENDED IN SENATE MAY 4, 2005
AMENDED IN SENATE APRIL 18, 2005
INTRODUCED BY Senator Dunn
(Principal coauthor: Senator Perata)
(Coauthors: Senators Alquist and Cedillo)
(Coauthors: Assembly Members Klehs and Ridley-Thomas)
FEBRUARY 16, 2005
An act to amend Section 11106 of, and to add Sections 12313,
12314, 12315, 12315.1, and 12315.2 12315.2,
and 12315.3 to, the Penal Code, relating to ammunition.
LEGISLATIVE COUNSEL'S DIGEST
SB 357, as amended, Dunn. Ammunition: serialized handgun
ammunition.
Existing law generally regulates the sale of ammunition.
This bill would establish a program requiring serialization of
handgun ammunition, as defined, to be enforced by the Department of
Justice. The bill would require, commencing July 1, 2007, that
handgun ammunition be serialized. The bill would specify the nature
of the serialization and provide various exceptions to certain
prohibitions in the bill. Manufacture, transfer, and possession, as
specified, of nonserialized handgun ammunition after that date would
be an offense, as specified. The bill would require ammunition
vendors and manufacturers to register with the Department of Justice,
as specified. The bill would require specified information in
connection with handgun ammunition transactions be recorded and
maintained by the vendor and manufacturer. Willful failure to comply
with certain record requirements by a vendor would be an offense.
Provision of false information to a vendor by a prospective
ammunition purchaser would be an offense. The bill would impose
a fee of $.005 per bullet or round of ammunition, and a $50 annual
registration fee for handgun ammunition vendors. The Department of
Justice would be authorized to adopt regulations relating to
assessing and collecting those fees. The fees would be deposited in
the Serialize Handgun Ammunition Fund, which would be established by
the bill. Manufacturers who fail to comply with certain
registry and recordkeeping requirements would be liable for civil
penalties, as specified. Persons who obliterate the serialization on
assembled ammunition or bullets would be guilty of an offense.
By creating new crimes, the bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 11106 of the Penal Code is amended to read:
11106.
(a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (c), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant to
Section 12050, information reported to the Department of Justice
pursuant to Section 12053, dealers' records of sales of firearms,
reports provided pursuant to Section 12072 or 12078, forms provided
pursuant to Section 12084, reports provided pursuant to Section 12071
that are not dealers' records of sales of firearms, and reports of
stolen, lost, found, pledged, or pawned property in any city or
county of this state, and shall, upon proper application therefor,
furnish this information to the officers referred to in Section
11105.
(b) (1) Notwithstanding subdivision (a), the Attorney General
shall not retain or compile any information from reports filed
pursuant to subdivision (a) of Section 12078 for firearms that are
not handguns, from forms submitted pursuant to Section 12084 for
firearms that are not handguns, or from dealers' records of sales for
firearms that are not handguns. All copies of the forms submitted,
or any information received in electronic form, pursuant to Section
12084 for firearms that are not handguns, or of the dealers' records
of sales for firearms that are not handguns shall be destroyed within
five days of the clearance by the Attorney General, unless the
purchaser or transferor is ineligible to take possession of the
firearm. All copies of the reports filed, or any information received
in electronic form, pursuant to subdivision (a) of Section 12078 for
firearms that are not handguns shall be destroyed within five days
of the receipt by the Attorney General, unless retention is necessary
for use in a criminal prosecution.
(2) A peace officer, the Attorney General, a Department of Justice
employee designated by the Attorney General, or any authorized local
law enforcement employee shall not retain or compile any information
from a firearms transaction record, as defined in paragraph (5) of
subdivision (c) of Section 12071, for firearms that are not handguns
unless retention or compilation is necessary for use in a criminal
prosecution or in a proceeding to revoke a license issued pursuant to
Section 12071.
(3) A violation of this subdivision is a misdemeanor.
(c) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to Sections 12071, 12072, 12078, 12082, and 12084 or
any other law, as to handguns and maintain a registry thereof.
(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 handgun as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in Section 12084, or
reports made to the department pursuant to Section 12078 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 handgun 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 Section 12078 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 handgun 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.
(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 handgun.
(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.
(d) Commencing July 1, 2007, the Department of Justice shall
maintain a centralized registry of all reports of handgun ammunition
transactions reported to the department pursuant to Section 12315, in
a manner prescribed by the department. Information in the registry
shall, upon proper application therefor, be furnished to the officers
listed in Section 11105, or to the person listed in the registry as
the owner of the particular handgun ammunition.
SEC. 2. Section 12313 is added to the Penal Code, to read:
12313.
(a) In an effort to better ensure public safety, commencing July
1, 2007, except as provided in this chapter, all handgun ammunition,
as defined in Section 12314, that is manufactured, imported into the
state for sale or personal use, kept for sale, offered or exposed for
sale, sold, given, lent, or possessed shall be serialized as
provided in Section 12314.
(b) The Department of Justice shall enforce the requirements of
the handgun serialization program and other provisions of this
chapter. The department shall have authority to prescribe the manner
in which handgun ammunition is serialized in order to comply with the
requirements of Section 12314, including, but not limited to,
determining how ammunition that is loose, packaged, in lots, series,
or otherwise aggregated for purposes of manufacture or sale shall be
serialized with a unique identifier, pursuant to Section 12314. The
department shall adopt regulations implementing this section no later
than January 1, 2007.
(c) The department shall have authority to do the following:
(1) Adopt regulations relating to the assessment and collection of
end-user fees in an amount not to exceed one-half of one cent
($0.005) per round of ammunition or per bullet, where the accumulated
fee amount will not exceed the cost to pay for the infrastructure,
implementation, operational, enforcement, and future development
costs of this chapter , adjusted for inflation as required at
the discretion of the department, but in no case more than once
annually, based upon the California Consumer Price Index
as compiled and reported by the Department of Industrial Relations
.
(2) Adopt regulations relating to the implementation and
furtherance of a retail ammunition vendor's registry and the
assessment and collection of fees associated with the registration
program in an amount not to exceed fifty dollars ($50) per year per
retail location, adjusted annually for inflation based upon the
California Consumer Price Index as compiled and reported by the
California Department of Industrial Relations, where the accumulated
fee amount will not exceed the cost to pay for the infrastructure,
implementation, operational, enforcement, and future development
costs of this chapter.
(3) Adopt or amend regulations relating to this section in an
effort to incorporate new technologies as they become available.
SEC. 3. Section 12314 is added to the Penal Code, to read:
12314.
(a) Commencing July 1, 2007, and except as provided in subdivision
(g), any person who manufactures, causes to be manufactured, imports
into the state for sale or personal use, keeps for sale, offers or
exposes for sale, or who gives or lends any handgun ammunition that
is not serialized pursuant to this section is punishable by
imprisonment in a county jail not to exceed one year or in the state
prison.
(b) Commencing July 1, 2007, and except as provided in subdivision
(g), any person who possesses in any public place any handgun
ammunition that is not serialized is guilty of an infraction
punishable by a fine not exceeding five hundred dollars ($500), or is
punishable as a misdemeanor.
(c) (1) For purposes of this chapter, "serialized handgun
ammunition" means any of the following, which are subject to
serialization pursuant to subdivision (d):
(A) Ammunition as defined in subdivision (a) of Section 12323.
(B) .22 caliber rimfire ammunition.
(C) Assembled handgun ammunition packaged for retail sale.
(D) Bullets used for reloading or handloading handgun ammunition
that are packaged for retail sale.
(2) Serialized handgun ammunition does not include blank
cartridges, shot-shells, or projectiles used in black powder
handguns.
(d) For purposes of this chapter, "serialized" means all of the
following have been met:
(1) The ammunition has been identified in a manner prescribed by
the Department of Justice so that all assembled ammunition contained
within a package provided for retail sale, or as otherwise specified
by the department, is uniquely identified.
(2) Bullets used for reloading or handloading contained within a
package provided for retail sale, or as otherwise specified by the
department, are uniquely identified.
(3) Identification of the manufacturer of the items described in
paragraphs (1) and (2).
(4) Identification on the exterior of the items described in
paragraphs (1) and (2) in a manner that permits visual inspection for
the purpose of determining if the assembled ammunition or bullet
complies with the provisions of this section.
(5) Identification on the exterior of the items described in
paragraphs (1) and (2) in a manner that is maintained subsequent to
the discharge of the ammunition and subsequent to the impact of the
bullet, based on standards prescribed by the department.
(6) Identification on the exterior of every package or container
of serialized ammunition, as prescribed by the department, with the
same unique identifiers used on the assembled ammunition or bullets
contained within the packaging or container. No package or container
shall be labeled with the same unique identifiers as any other
package or container by the same manufacturer.
(e) For purposes of this chapter, every 50 pieces or fewer of
assembled ammunition or bullets used for reloading or handloading
shall constitute a separate and distinct offense.
(f) For purposes of this chapter, the term "public place" means an
area open to the public and includes streets, sidewalks, bridges,
alleys, plazas, parks, driveways, front yards, parking lots,
automobiles, whether moving or not, and buildings open to the general
public, including those that serve food or drink, or provide
entertainment, and the doorways and entrances to buildings or
dwellings.
(g) Subdivisions (a) and (b) do not apply to the following:
(1) The possession, for purposes of investigation or disposition
of any nonserialized handgun ammunition by a forensic laboratory or
any authorized agent or employee thereof in the course and scope of
his or her authorized activities.
(2) The possession, for purposes of investigation, evidence, or
disposition, of any nonserialized handgun ammunition by any state,
county, city, or city and county agency charged with law enforcement
or the administration of justice or by any authorized agent or
employee thereof, within the course and scope of their official
duties.
(3) The possession, for purposes of disposal, or the disposal, of
nonserialized handgun ammunition by an executor or administrator of
an estate if all of the following are met:
(A) The nonserialized ammunition was lawfully possessed, included
within the estate, and the executor or administrator possesses or
disposes of the nonserialized handgun ammunition in a manner
consistent with this chapter.
(B) The disposition is to a person or entity that may possess the
nonserialized handgun ammunition in a manner consistent with this
chapter and possession is otherwise lawful.
(C) The disposition transfers the nonserialized handgun ammunition
out of the state or to a law enforcement agency for disposition.
(4) The possession of nonserialized ammunition for purposes of
transporting it to a law enforcement agency for disposition, if
possession is otherwise lawful, and if the law enforcement agency has
been notified prior to delivery of the ammunition.
(5) Possession by peace officers from other states during the
discharge of their official duties in California.
(6) Possession by members of the California National Guard during
the discharge of their official duties.
SEC. 4. Section 12315 is added to the Penal Code, to read:
12315.
(a) (1) Commencing July 1, 2007, no person engaged in the retail
sale of handgun ammunition shall sell, lease, or transfer serialized
handgun ammunition unless he or she is a registered handgun
ammunition vendor as described in paragraph (2). Any person that is
not a registered ammunition vendor and engages in the retail sale of
ammunition shall be guilty of an infraction or a misdemeanor.
(2) As used in this section, "vendor," "ammunition vendor," or
"registered handgun ammunition vendor" means any person, business, or
corporation that is engaged in the retail sale of handgun ammunition
as defined by Section 12314 and has all of the following:
(A) Any regulatory or business license, or licenses, required by
local government.
(B) A valid seller's permit issued by the State Board of
Equalization.
(C) Is among those recorded in the centralized ammunition vendor's
registry specified in subdivision (b).
(b) The Department of Justice shall keep a centralized registry of
all persons pursuant to subparagraphs (A) to (C), inclusive, of
paragraph (1) of subdivision (a). The department may remove from this
registry any person who violates the provisions of this chapter.
Upon removal of a vendor from this registry, notification shall be
provided to local law enforcement and licensing authorities in the
jurisdiction where the vendor's business is located.
(c) The Department of Justice may inspect ammunition vendors to
ensure compliance with this chapter. Nothing in this section shall
prohibit any local jurisdiction from adopting one or more ordinances
relating to the inspection of ammunition vendors.
(d) Any vendor, agent or employee of the vendor that sells or
otherwise transfers ownership of any serialized handgun ammunition
shall record the following information in a format prescribed by the
Department of Justice:
(1) The date of the transaction.
(2) The name of the transferee.
(3) The transferee's driver's license number or other government
issued identification card number and the governmental agency that
issued the identification.
(4) In order to validate a transferee's age and ensure compliance
with Section 12316, the date of birth of the transferee.
(5) The unique identifier, as described in Section 12313, of all
handgun ammunition or bullets transferred.
(6) All other information prescribed by the Department of Justice.
(e) On the date the vendor delivers the handgun ammunition to the
transferee, he or she shall report the information required in
subdivision (d) to the Department of Justice in a manner prescribed
by the department.
(1) A copy of the records required by this section shall be
maintained on the premises of the vendor for a period of not less
than three years from the date of the recorded transfer.
(2) The records shall be subject to inspection at any time during
normal business hours by any peace officer, or by any authorized
employee of the Department of Justice, if the inspection relates to
an investigation where access to those records is or may be relevant
to that investigation, is seeking information about persons
prohibited from owning a firearm or ammunition, or is engaged in
ensuring compliance with the Dangerous Weapons Control Law, Chapters
1 (commencing with Section 12000) and 2.6 (commencing with Section
12316), or any other laws pertaining to firearms.
(f) Any vendor or employee or agent of a vendor that willfully
fails to comply with, or falsifies the records required to be kept
by, subdivision (e) is guilty of a public offense punishable by
imprisonment in a county jail not exceeding one year or in the state
prison.
(g) Proof that a vendor or his or her agent or employee demanded,
was shown, and acted in reliance upon, bona fide evidence of identity
shall be a defense to any criminal prosecution under this
subdivision so long as reliance upon the proof of identity was
reasonable.
(h) Any person that presents false identification to a vendor with
the intent to avoid the recording requirements of this section shall
be guilty of a misdemeanor.
(i) Any vendor that refuses to permit a person authorized under
paragraph (2) of subdivision (g) to examine any record prepared in
accordance with this section during any inspection conducted pursuant
to this section shall be guilty of a misdemeanor.
SEC. 5. Section 12315.1 is added to the Penal Code, to read:
12315.1.
(a) Commencing July 1, 2007, no person engaged in the commercial
manufacture of serialized handgun ammunition shall sell, loan, or
transfer serialized handgun ammunition, unless that person is a
registered handgun ammunition manufacturer as defined in paragraph
(b). Violation of this subdivision is punishable as a misdemeanor.
(b) As used in this section, the terms "manufacturer," "ammunition
manufacturer," or "registered handgun ammunition manufacturer" mean
any person, business, or corporation that manufactures handgun
ammunition within California or manufacturers handgun ammunition with
the intent to distribute that ammunition for purposes, within
California, of sale, loan, or transfer.
(c) Manufacturers shall do all of the following:
(1) Register with the Department of Justice in a manner prescribed
by the department.
(2) Maintain records on the business premises for a period of
seven years concerning all sales, loans, and transfers of ammunition,
to, from, or within California.
(3) Comply with all other regulations concerning ammunition
manufacture and sale adopted by the department.
(d) Any manufacturer that fails to comply with the provisions of
this section shall be liable for a civil fine of not more than one
thousand dollars ($1,000) for a first violation, not more than five
thousand dollars ($5,000) for a second violation, and not more than
ten thousand dollars ($10,000) for a third and subsequent violation.
A civil action to enforce this section may be brought by a city
attorney or district attorney, or the Attorney General. This
subdivision shall not preclude any other remedy available under
California law.
(e) The department may inspect ammunition manufacturers to ensure
compliance with this chapter.
SEC. 6. Section 12315.2 is added to the Penal Code, to read:
12315.2.
(a) Commencing July 1, 2007, any person who willfully destroys,
obliterates, or otherwise renders unreadable, the serialization
required pursuant to Section 12314, on any bullet or assembled
ammunition is punishable by imprisonment in a county jail, not to
exceed one year, or in the state prison.
(b) For purposes of this section, every 50 pieces or fewer of
assembled ammunition or bullets used for reloading or handloading
shall constitute a separate and distinct offense.
SEC. 7. Section 12315.3 is added to the
Penal Code , to read:
12315.3.
There is hereby established the Serialized Handgun Ammunition
Fund. The fees established in Section 12313 shall be deposited in the
Serialized Handgun Ammunition Fund. Moneys in the fund, upon
appropriation, shall be available to the Department of Justice for
infrastructure, implementation, operational, enforcement, and future
development costs of this chapter.
SEC. 7. SEC. 8.
No reimbursement is required by this act pursuant to Section 6 of
Article XIII B of the California Constitution because the only costs
that may be incurred by a local agency or school district will be
incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIII B of the California Constitution.