BILL NUMBER: AB 362	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member De Leon

                        FEBRUARY 14, 2007

   An act to add Sections 12315, 12316.5, 12317, and 12318 to the
Penal Code, relating to ammunition.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 362, as introduced, De Leon. Ammunition.
   Existing law generally regulates the sale of ammunition.
   This bill would require that commencing July 1, 2008, unless
specifically excluded, no person shall sell or transfer more than 50
rounds of handgun ammunition in any month unless they are registered
as a handgun ammunition vendor, as defined. The bill would also
require these vendors to obtain a background clearance for those
employees who would handle ammunition in the course and scope of
their employment. The bill would require the Department of Justice to
maintain a registry of registered handgun ammunition vendors, as
specified. Violation of these provisions, as specified, would be a
misdemeanor.
   The bill would also provide that no retail seller of ammunition
shall sell, offer for sale, or display for sale, any handgun
ammunition in a manner that allows that ammunition to be accessible
to a purchaser without the assistance of the retailer or employee
thereof. Violation of these provisions would be punishable as an
infraction with a fine of $500, or as a misdemeanor.
   The bill would further provide that no ammunition or reloaded
ammunition may be delivered by a common or contract carrier pursuant
to a retail transaction unless certain conditions exist. A violation
of these provisions would be punishable as a misdemeanor, with
enhancements for prior violations.
   By creating new crimes, this bill would impose a state-mandated
local program.
   Existing law provides that it is a crime to sell ammunition to a
minor, or to sell handgun ammunition to a person who is under 21
years of age.
   This bill would provide that any person under 21 years of age who
purchases, or who attempts to purchase, handgun ammunition by using a
false identification document, or by otherwise misrepresenting the
person's age, and any minor who purchases, or attempts to purchase,
any ammunition by using a false identification document, or otherwise
misrepresenting the person's age, is guilty of a misdemeanor.
   By creating a new crime, this 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 12315 is added to the Penal Code, to read:
   12315.  (a) (1) As used in this section "registered handgun
ammunition vendor" means any person or business that is engaged in
the retail sale of handgun ammunition 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 (c).
   (D) A certificate of eligibility issued pursuant to Section 12071.

   (2) Commencing July 1, 2008, no person shall sell or transfer more
than 50 rounds of handgun ammunition in any month unless the person
is registered as a handgun ammunition vendor as described in
paragraph (1).
   (b) A registered handgun ammunition vendor shall not permit any
employee who is a person described in Section 12021 or 12021.1 of
this code or Section 8100 or 8103 of the Welfare and Institutions
Code to handle handgun ammunition in the course and scope of his or
her employment. A registered handgun ammunition vendor is authorized
to request a background clearance from the Department of Justice
pursuant to subdivision (d) of Section 12076 to determine if an
employee or potential employee is a person described in any of the
specified sections. The department may require the registered handgun
ammunition vendor to charge a fee sufficient to reimburse it for the
background clearance authorized pursuant to subdivision (e) of
Section 12076. Fees received by the department pursuant to this
section shall be deposited in the Dealers' Record of Sale Special
Account of the General Fund.
   (c) The Department of Justice shall keep a centralized registry of
all persons, businesses, and corporations who are registered handgun
ammunition vendors. The department may remove from this registry any
vendor who violates the provisions of this chapter. Upon removal of
a registered handgun ammunition 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.
   (d) This section does not apply to any of the following:
   (1) Wholesale sellers of handgun ammunition who have a business
license to sell ammunition.
   (2) Sales of handgun ammunition by a target facility which holds a
business or regulatory license to persons who are on the premises of
the target facility or sales of handgun ammunition to persons who
are on the premises of any club or organization organized for the
purposes of practicing shooting at targets upon established ranges,
whether public or private, if the sale of the ammunition occurs at
the premises of the target range or on the premises of the club or
organization and is sold to a person who is using ammunition
primarily at the facility.
   (3) Sales of handgun ammunition by persons licensed pursuant to
Section 12071.
   (4) Sales of handgun ammunition by commercial hunting clubs, game
bird clubs, or pheasant clubs licensed by the Department of Fish and
Game.
   (5) Sales of handgun ammunition by a nonprofit public benefit or
mutual benefit corporation organized pursuant to Part 2 (commencing
with Section 5110) or Part 3 (commencing with Section 7110) of
Division 2 of the Corporations Code, if both of the following
conditions are satisfied:
   (A) The nonprofit public benefit or mutual benefit corporation is
selling ammunition to assist the corporation or local chapters of the
corporation in conducting auctions or similar events at which
firearms are auctioned off and to fund the activities of the
corporation or the local chapters of the corporation.
   (B) The firearms being auctioned off at the corporation's auctions
or events are not primarily handguns.
   (e) A violation of this section is punishable as a misdemeanor.
  SEC. 2.  Section 12316.5 is added to the Penal Code, to read:
   12316.5.  Any person under 21 years of age who purchases, or who
attempts to purchase, handgun ammunition by using a false
identification document, or by otherwise misrepresenting the person's
age, and any minor who purchases, or attempts to purchase, any
ammunition by using a false identification document, or otherwise
misrepresenting the person's age, is guilty of a misdemeanor.
  SEC. 3.  Section 12317 is added to the Penal Code, to read:
   12317.  (a) No retail seller of ammunition shall sell, offer for
sale, or display for sale, any handgun ammunition in a manner that
allows that ammunition to be accessible to a purchaser without the
assistance of the retailer or employee thereof.
   (b) Violation of this section is punishable as an infraction with
a fine of five hundred dollars ($500), or as a misdemeanor.
   (c) The Attorney General is authorized to adopt regulations to
implement the provisions of this section.
  SEC. 4.  Section 12318 is added to the Penal Code, to read:
   12318.  (a) (1) Handgun ammunition may not be delivered by a
seller to a purchaser via a common or contract carrier pursuant to a
retail transaction except as provided in paragraph (2).
   (2) A seller of handgun ammunition may deliver handgun ammunition
to a retail purchaser via a common or contract carrier if all of the
following occurs:
   (i) The seller ensures that a common carrier or contract carrier
obtains the signature of the purchaser and views bona fide evidence
of the identity of the purchaser.
   (ii) The carrier ensures the purchaser is 21 years of age or older
before delivering the handgun ammunition to the purchaser within
this state.
   (iii) The seller ensures that the contract carrier or common
carrier returns a copy of the signed receipt to the seller.
   (iv) The seller retains the copy of the signed receipt for three
years as evidence of compliance with this section.
   (v) The container being delivered by the common or contract
carrier has the following language, in at least 14-point type,
conspicuously placed on the container, stating: "SIGNATURE AND BONA
FIDE EVIDENCE OF IDENTITY REQUIRED. PURCHASER MUST BE AGE 21 YEARS OR
OLDER FOR DELIVERY."
   (b) (1) Except as provided in paragraph (2), any person,
corporation, or dealer who delivers handgun ammunition in violation
of this section shall be punishable by imprisonment in a county jail
for a term not to exceed six months, or by a fine not to exceed one
thousand dollars ($1,000), or by both imprisonment and a fine.
   (2) Common carriers and contract carriers shall not be held liable
for any violation of this section and shall not be subject to the
penalties provided for in this subdivision and subdivision (c).
   (c) A second and subsequent violation of this section is
punishable by imprisonment in a county jail not to exceed one year,
by a fine not to exceed two thousand dollars ($2,000), or by both
imprisonment and a fine.
   (d) (1)"Bona fide evidence of identity" means a document issued by
a federal, state, county, or municipal government, or subdivision or
agency thereof, including, but not limited to, a motor vehicle
operator's license, state identification card, identification card
issued to a member of the armed forces, or other form of
identification that bears the name, date of birth, description, and
picture of the person.
   (2) "Handgun ammunition" means handgun ammunition as defined in
subdivision (a) of Section 12323.
   (e) Subdivision (a) shall not apply to or effect the deliveries,
transfers, or sales of, handgun ammunition to any of the following:
   (1) Authorized law enforcement representatives of cities,
counties, cities and counties, or state and federal governments for
exclusive use by those government agencies if, prior to the delivery,
transfer, or sale of the handgun ammunition, written authorization
from the head of the agency employing the purchaser or transferee, is
obtained identifying the employee as an individual authorized to
conduct the transaction, and authorizing the transaction for the
exclusive use of the agency employing the individual.
   (2) Sworn peace officers, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 who are authorized to carry a
firearm in the course and scope of their duties.
   (3) Rimfire ammunition.
  SEC. 5.  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.