BILL NUMBER: AB 362 AMENDED
BILL TEXT
AMENDED IN SENATE JUNE 28, 2007
AMENDED IN ASSEMBLY JUNE 1, 2007
AMENDED IN ASSEMBLY APRIL 12, 2007
INTRODUCED BY Assembly Member De Leon
(Coauthor: Senator Scott)
FEBRUARY 14, 2007
An act to amend Sections 11106, 12010, 12011, and 12012 of,
and to add Sections 12315, 12316.5,
12317, 12318, and 12326 12316.5 and 12318 to, and to
add Article 3.5 (commencing with Section 12060) to Title 2 of Part 4
of, to, the Penal Code, relating to ammunition.
LEGISLATIVE COUNSEL'S DIGEST
AB 362, as amended, De Leon. Ammunition.
Existing law requires the Department of Justice to maintain
records pertaining to firearms transactions.
This bill would require the department to maintain additional
information relating to ammunition transfers, handgun ammunition
permittees, and licensed handgun ammunition vendors, as
specified.
Existing law establishes the Prohibited Armed Persons File, which
lists persons who are prohibited from possessing firearms, as
specified.
This bill would expand those provisions to include persons
prohibited from possessing ammunition.
Existing law generally regulates the sale of ammunition.
This bill would establish a program administered by the Department
of Justice for licensing handgun ammunition vendors, as specified.
The bill would also authorize the issuance of a handgun ammunition
permit, to be used by purchasers of handgun ammunition, as specified.
The bill would authorize the Department of Justice to incorporate
the permit information into a permittee's California driver's
license, as specified.
The bill would establish a database maintained by the department
to serve as a registry of handgun ammunition vendors. The bill would
also establish a database of handgun ammunition permittees.
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 subject to civil fines, as
specified .
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
subject to civil fines, as specified .
The bill would further provide that handgun ammunition may only be
purchased in a face-to-face transaction and only if certain
conditions exist.
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 would be subject to civil fines, as
specified .
By creating a new crime, this bill would impose a state-mandated
local program.
Existing law generally regulates what information is required to
be obtained in connection with the transfer of ammunition.
This bill would, subject to exceptions, require certain ammunition
vendors to obtain a thumbprint and other information from ammunition
purchasers, and would require submission of that information to the
Department of Justice, as specified. A violation of these provisions
would be a misdemeanor subject to civil
fines, as specified .
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 no .
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, submitted pursuant to Section
12326, 12062 and licensee information pertaining to
handgun ammunition vendors as specified in Section 12062,
permittee information pertaining to handgun ammunition permittees
specified in subdivision (g) of Section 12063, dealers' records
of sales of firearms, reports provided pursuant to Section 12072 or
12078, forms provided pursuant to Section 12084, as that section read
prior to being repealed by the act that amended this section,
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) Except as provided in subdivision (d), 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, as
that section read prior to being repealed by the act that amended
this section, 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, as that section read prior to being
repealed by the act that amended this section, 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 former
Section 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 former 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) (1) Any officer referred to in paragraphs (1) to (6),
inclusive, of subdivision (b) of Section 11105 may disseminate the
name of the subject of the record, the number of the firearms listed
in the record, and the description of any firearm, including the
make, model, and caliber, from the record relating to any firearm's
sale, transfer, registration, or license record, or any information
reported to the Department of Justice pursuant to Section 12021.3,
12053, 12071, 12072, 12077, 12078, 12082, or 12285, or information
reported to the Department of Justice pursuant to Section
12326 12062 as to the brand, type, and amount of
ammunition transferred if the following conditions are met:
(A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being prosecuted
or is serving a sentence for the crime, or the subject of the record
is the subject of an emergency protective order, a temporary
restraining order, or an order after hearing, which is in effect and
has been issued by a family court under the Domestic Violence
Protection Act set forth in Division 10 (commencing with Section
6200) of the Family Code.
(B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.
(C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim of
the crime with a "Victims of Domestic Violence" card, as specified in
subparagraph (H) of paragraph (9) of subdivision (c) of Section
13701.
(2) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from bodily
harm by the person who is the subject of the record.
SEC. 2. Section 12010 of the Penal Code is amended to read:
12010. (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 or ammunition on or after January 1,
1991, as indicated by a record in the Consolidated Firearms
Information System, or as indicated in reports submitted to the
Department of Justice pursuant to Section 12326
12062 , and who, subsequent to the date of that ownership
or possession of a firearm or ammunition, fall within a class of
persons who are prohibited from owning or possessing a firearm or
ammunition.
(b) 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 or ammunition.
SEC. 3. Section 12011 of the Penal Code is amended to read:
12011. The Prohibited Armed Persons File database shall function
as follows:
(a) Upon entry into the Automated Criminal History System of a
disposition for a conviction of any felony, a conviction for any
firearms-prohibiting charge specified in Section 12021, a conviction
for an offense described in Section 12021.1, a firearms prohibition
pursuant to Section 8100 or 8103 of the Welfare and Institutions
Code, an ammunition prohibition pursuant to subdivision (b) of
Section 12316, or any firearms possession prohibition identified by
the federal National Instant Check System, the Department of Justice
shall determine if the subject has an entry in the Consolidated
Firearms Information System indicating possession or ownership of a
firearm on or after January 1, 1991, or an assault weapon
registration, or a .50 BMG rifle registration, or ammunition as
indicated in reports submitted to the Department of Justice pursuant
to Section 12326 12062 .
(b) Upon an entry into any department automated information system
that is used for the identification of persons who are prohibited
from acquiring, owning, or possessing firearms or ammunition, the
department shall determine if the subject has an entry in the
Consolidated Firearms Information System indicating ownership or
possession of a firearm on or after January 1, 1991, or an assault
weapon registration, or a .50 BMG rifle registration, or acquired
ammunition as indicated in reports submitted to the Department of
Justice pursuant to Section 12326 12062
.
(c) If the department determines that, pursuant to subdivision (a)
or (b), the subject has an entry in the Consolidated Firearms
Information System indicating possession or ownership of a firearm on
or after January 1, 1991, or an assault weapon registration, or a .
50 BMG rifle registration, or acquired ammunition as indicated in
reports submitted to the Department of Justice pursuant to Section
12326 12062 , the following information
shall be entered into the Prohibited Armed Persons File:
(1) The subject's name.
(2) The subject's date of birth.
(3) The subject's physical description.
(4) Any other identifying information regarding the subject that
is deemed necessary by the Attorney General.
(5) The basis of the firearms or ammunition possession
prohibition.
(6) A description of all firearms owned or possessed by the
subject, as reflected by the Consolidated Firearms Information System
or ammunition acquired as indicated in reports submitted to the
Department of Justice pursuant to Section 12326
12062 .
SEC. 4. Section 12012 of the Penal Code is amended to read:
12012. The Attorney General shall provide investigative
assistance to local law enforcement agencies to better ensure the
investigation of individuals who are armed and prohibited from
possessing a firearm or ammunition.
SEC. 5. Section 12315 is added to the Penal
Code, to read:
12315. (a) As used in this section, the following terms apply:
(1) "Handgun ammunition" means handgun ammunition as defined in
subdivision (a) of Section 12323.
(2) "Registered handgun ammunition vendor" means any person or
business that 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.
(3) "Immediate family member" has the same meaning as set forth in
subdivision (c) of Section 12078.
(b) 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).
(c) A registered handgun ammunition vendor shall not permit any
employee who the registered handgun ammunition vendor knows or
reasonably should know 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.
(d) 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.
(e) This section does not apply to any of the following:
(1) Wholesale sellers of handgun ammunition who sell or transfer
handgun ammunition to persons or entities as set forth in paragraphs
(2) to (8), inclusive.
(2) Sales or transfers 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 or transfers of handgun ammunition by persons licensed
pursuant to Section 12071.
(4) Sales or transfers of handgun ammunition by commercial hunting
clubs, game bird clubs, or pheasant clubs licensed by the Department
of Fish and Game.
(5) Sales or transfers 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.
(6) A person who is on the centralized list maintained by the
Department of Justice pursuant to Section 12083.
(7) Sales or transfers of handgun ammunition to 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 delivery, transfer, or sale of
these firearms, 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 or transferee 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 he or she is employed.
(8) Sales or transfers of handgun ammunition to authorized
representatives of cities, counties, cities and counties, or state or
federal governments for those government agencies in which the
entity is acquiring the ammunition as part of an authorized,
voluntary program in which the entity is buying or receiving
ammunition from private individuals.
(9) Sales or transfers of handgun ammunition between immediate
family members or spouses or registered domestic partners.
(10) Sales or transfers of handgun ammunition at a target facility
which holds a business or regulatory license to persons who are on
the premises of the target facility between 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 or transfer of the ammunition occurs
on 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.
(f) A violation of this section is punishable as a misdemeanor.
SEC. 5. Article 3.5 (commencing with Section
12060) is added to Title 2 of Part 4 of the Penal Code
, to read:
Article 3.5. Handgun Ammunition Vendor Licenses and Handgun
Ammunition Purchase Permits
12060. As used in this article, the following terms apply:
(a) "Department" means the Department of Justice.
(b) "Handgun ammunition" means handgun ammunition as defined in
subdivision (a) of Section 12323, but excluding ammunition designed
and intended to be used in an "antique firearm" as defined in Section
921(a)(16) of Title 18 of the United States Code.
(c) "Immediate family member" has the same meaning as set forth in
subdivision (c) of Section 12078.
(d) "Licensed handgun ammunition vendor" or "vendor" means a
person or entity licensed by the department pursuant to Section
12062.
12061. (a) (1) Commencing July 1, 2008, no person shall sell or
transfer more than 50 rounds of handgun ammunition in any month
unless the person is licensed by the department as a licensed handgun
ammunition vendor in accordance with Section 12062.
(2) No person or entity shall sell or otherwise transfer ownership
of handgun ammunition after it is permanently removed from the
registry pursuant to subparagraph (C) of paragraph (5) of subdivision
(b) of Section 12062.
(b) Paragraph (1) of subdivision (a) shall not apply to or affect
any of the following:
(1) Sales or transfers of handgun ammunition to licensed handgun
ammunition vendors who are licensed pursuant to Section 12062.
(2) Sales or transfers 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 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.
(3) Sales or transfers of handgun ammunition to 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 delivery, transfer, or sale of
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 or transferee 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 he or she is employed.
(4) Sales or transfers of handgun ammunition to authorized
representatives of cities, counties, cities and counties, or state or
federal governments for those government agencies in which the
entity is acquiring the ammunition as part of an authorized,
voluntary program in which the entity is buying or receiving
ammunition from private individuals.
(5) Sales or transfers of handgun ammunition between immediate
family members, spouses, or registered domestic partners.
(6) Sales or transfers of handgun ammunition at a target facility
that holds a business or regulatory license between persons who are
on the premises of the target facility or between 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 or transfer of the ammunition occurs
on 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 and the entity conducting the sale or
transfer is not the target range or club.
(c) A violation of this section is punishable by a civil fine of
up to one thousand dollars ($1,000) for a first violation and up to
ten thousand dollars ($10,000) for every subsequent violation.
12062. (a) (1) The department is authorized to issue handgun
ammunition vendor licenses.
(2) No handgun ammunition vendor license may be issued to an
applicant who fails to provide a copy of any regulatory or business
license, or licenses, required by local government, a valid seller's
permit issued by the State Board of Equalization, a federal firearms
license if the person is federally licensed, and a certificate of
eligibility issued pursuant to Section 12071.
(3) The department shall inform applicants who are denied licenses
of the reasons for the denial in writing.
(b) (1) The handgun 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 Attorney General may adopt regulations to
administer application procedures and enforcement procedures for the
licensee. The Attorney General may adopt regulations that establish
grounds for suspension or revocation of the license.
(2) The department may charge handgun ammunition vendor license
applicants a fee sufficient to reimburse the department for the costs
of administering the license program, maintaining the registry of
handgun ammunition vendors, and necessary regulatory functions,
including enforcement, provided, however, that the fee shall not
exceed fifty dollars ($50).
(3) The department shall issue licenses pursuant to this section
to the following applicants:
(A) Persons licensed pursuant to Section 12071.
(B) A person who is on the centralized list maintained by the
department pursuant to Section 12083.
(C) A target facility which holds a business or regulatory
license.
(D) Commercial hunting clubs, game bird clubs, or pheasant clubs
licensed by the Department of Fish and Game.
(E) Gunsmiths.
(F) Wholesalers.
(G) Manufacturers or importers 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.
(4) The department shall waive all application fees for all
persons listed in subparagraphs (A) and (B) of paragraph (3).
(5) (A) The department shall keep a centralized registry of all
persons, businesses, and corporations who are vendors.
(B) The department may remove from this registry any vendor who
violates the provisions of this section.
(C) The license of any vendor who violates this section
three times shall be revoked, and that person, firm, or corporation
shall become permanently ineligible to obtain a license pursuant to
this section.
(D) Upon removal of a vendor from the registry, notification shall
be provided to local law enforcement and licensing authorities in
the jurisdiction where the vendor's business is located.
(6) Information compiled from the registry referred to in
paragraph (5) shall be made available, upon request, for the
following purposes only:
(A) For law enforcement purposes.
(B) When the information is requested for the purposes of
determining the validity of handgun ammunition deliveries.
(c) A vendor shall comply with all of the following conditions,
requirements and prohibitions:
(1) (A) A vendor shall not permit any employee who the vendor
knows or reasonably should know 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.
(B) Except as provided in subparagraph (C), for an employee of a
vendor who becomes an employee after July 1, 2008, the vendor shall
request a background clearance from the department pursuant to
subdivision (d) of Section 12076 to determine if an employee is a
person described in Section 12021 or 12021.1 of this code or Section
8100 or 8103 of the Welfare and Institutions Code. The request shall
be made within 45 days of employing the individual.
(C) In the case of a person who is employed by a vendor on or
before July 1, 2008, the vendor shall request a background clearance
from the department pursuant to subdivision (d) of Section 12076 to
determine if an employee is a person described in Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code no later August 15, 2008.
(D) The department may require the vendor to charge a fee
sufficient to reimburse it for the background clearance authorized
pursuant to subdivision (e) of Section 12076.
(2) A vendor shall not sell or otherwise transfer ownership of,
offer for sale or otherwise offer to transfer ownership of, or
display for sale or display 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
employee thereof.
(3) Commencing July 1, 2008, a vendor shall not sell or otherwise
transfer ownership of any handgun ammunition without at the time of
delivery recording the following information in a format to be
prescribed by the department:
(A) The date of the transaction.
(B) The transferee's driver's license or other identification
number and the state in which it was issued.
(C) The brand, type, and amount of ammunition transferred.
(D) The transferee's signature.
(E) The name of the salesperson who processed the transaction.
(F) The right thumbprint of the purchaser or transferee on the
above form, unless the purchaser or transferee presents a valid
hunting or sportsman's license issued pursuant to Section 714,
paragraphs (1) to (3), inclusive, of subdivision (a) of Section 3031,
or Section 3031.2 of the Fish and Game Code, or a handgun ammunition
purchase permit in which case the vendor shall record the number of
the license or permit.
(G) Commencing July 1, 2011, information that the department may
require to ensure compliance with the provisions of paragraphs (7)
and (8).
(4) Commencing July 1, 2008, on the date of delivery of the
handgun ammunition, the vendor shall submit a report to the
department in a manner prescribed by the department containing the
information set forth in paragraph (3).
(5) Commencing July 1, 2008, the records required by this section
shall be maintained on the premises of the vendor for a period of not
less than two years from the date of the recorded transfer.
(6) Commencing July 1, 2008, the records referred to in paragraph
(4) shall be subject to inspection at any time during normal business
hours by any peace officer employed by a sheriff, city police
department, or district attorney as provided in subdivision (a) of
Section 830.1, or employed by the department as provided in
subdivision (b) of Section 830.1, provided the officer is conducting
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 (Chapter 1
(commencing with Section 12000) of Title 2 of Part 4), or any other
laws pertaining to firearms or ammunition. The records shall also be
subject to inspection at any time during normal business hours by any
other employee of the Department, provided that employee is
conducting 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
(Chapter 1 (commencing with Section 12000) of Title 2 of Part 4), or
any other laws pertaining to firearms or ammunition.
(7) Except as provided in paragraph (8), commencing July 1, 2011,
prior to the delivery of the handgun ammunition, the vendor of
handgun ammunition shall verify that the person who is being
delivered the handgun ammunition is the holder of a valid handgun
ammunition purchase permit issued pursuant to Section 12063 by
contacting the department in a manner prescribed by the department
that the handgun ammunition purchase permit is valid at the time of
the delivery and receiving a verification number from the department
authorizing the delivery.
(8) Commencing July 1, 2011, if a person is not the holder of a
handgun ammunition purchase permit because he or she is not a
resident of this state, then pursuant to procedures prescribed the
department, the vendor shall contact the department to conduct an
instantaneous background check that reasonably verifies that the
person is not prohibited by paragraph (1) of subdivision (b) of
Section 12316 or subsection (g) of Section 922 of Title 18 of the
United States Code from acquiring or possessing handgun ammunition
and that the person is 21 years of age or older.
(9) Commencing July 1, 2008, the vendor shall not knowingly make a
false entry in, fail to make a required entry in, fail to obtain the
required thumbprint, or otherwise fail to maintain in the required
manner records prepared in accordance with paragraph (2). If the
right thumbprint is not available, then the vendor shall have the
purchaser or transferee use his or her left thumb, or any available
finger, and shall so indicate on the form. If the purchaser or
transferee is physically unable to provide a thumbprint or
fingerprint, the vendor shall so indicate on the form.
(10) Commencing July 1, 2008, no vendor shall refuse to permit a
person authorized under paragraph (7) to examine any record prepared
in accordance with this section during any inspection conducted
pursuant to this section, or refuse to permit the use of any record
or information by those persons.
(11) To implement paragraphs (7) and (8) of this subdivision,
commencing July 1, 2008, the department may require the vendor to
charge each person who is subject to the requirements of paragraphs
(7) and (8) a fee for the actual processing costs of that
transaction, which in any event shall not exceed three dollars ($3)
for each transaction.
(12) Each vendor shall transmit in the manner prescribed by the
department the fees collected pursuant to paragraph (11) to the
department.
(d) (1) Paragraphs (3), (7) and (8) of subdivision (c) shall not
apply to or affect sales or transfer of handgun ammunition by
licensed handgun ammunition vendors to any of the following:
(A) Persons licensed pursuant to Section 12071 properly identified
as such.
(B) A licensed handgun ammunition vendor properly identified as
such.
(C) A person who is on the centralized list maintained by the
department pursuant to Section 12083 properly identified as such.
(D) A target facility which holds a business or regulatory license
properly identified as such.
(E) Commercial hunting clubs, game bird clubs, or pheasant clubs
licensed by the Department of Fish and Game, properly identified as
such.
(F) Gunsmiths, properly identified as such.
(G) Wholesalers properly identified as such.
(H) Manufacturers or importers 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, properly
identified as such.
(I) 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, properly identified as such, if 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, and the firearms being auctioned off at the corporation'
s auctions or events are not primarily handguns.
(J) Sales or transfers made to 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 delivery, transfer, or sale of 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 or transferee 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 he or she is employed.
(2) Paragraphs (7) and (8) of subdivision (c) shall not apply to
or affect sales or transfer of handgun ammunition by licensed handgun
ammunition vendors to 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.
(e) Fees received by the department pursuant to this section shall
be deposited in the Dealers' Record of Sale Special Account of the
General Fund.
12063. (a) (1) Commencing March 1, 2011, any person who is 21
years of age or older may apply to the department for a handgun
ammunition purchase permit, in a format to be prescribed by the
department.
(2) The handgun ammunition purchase permit shall entitle the
permittee to purchase handgun ammunition from a licensed handgun
ammunition vendor.
(b) The department shall issue a handgun ammunition purchase
permit to the applicant if all the following conditions are met:
(1) The applicant is 21 years of age or older.
(2) The applicant is not prohibited from acquiring or possessing
handgun ammunition by paragraph (1) of subdivision (b) of Section
12316 or by subsection (g) of Section 922 of Title 18 of the United
States Code.
(3) The applicant pays the fees set forth in subdivision (i).
(c) (1) Upon receipt of an initial or renewal application, the
department shall examine its records and is authorized to request
records from the State Department of Mental Health, pursuant to
Section 8104 of the Welfare and Institutions Code, and the National
Instant Criminal Background Check System, as described in subsection
(t) of Section 922 of Title 18 of the United States Code, in order to
determine if the applicant is prohibited from possessing or
acquiring handgun ammunition.
(2) The application shall be approved or denied within 30 days of
the date of the application. 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.
(d) The handgun ammunition purchase permit shall be valid for five
years from the date of issuance.
(e) The department shall send a notice of the expiration of a
handgun ammunition purchase permit, by first-class mail or other
means that are equivalent such as electronic mail, to the address of
the person as shown by the records of the department, not less than
90 days before the expiration date, and shall enclose or contain a
form for the renewal of the permit.
(f) The handgun ammunition purchase permit shall be revoked by the
department upon the occurrence of any event which would have
disqualified the holder from being issued the handgun ammunition
purchase permit pursuant to this section.
(g) The handgun ammunition purchase permit shall be in a
tamper-proof form prescribed by the department and shall include the
name, address, photograph, date of birth, a unique identifying
number, expiration date from the date of issuance, physical
characteristics, including the height, weight, eye color, and hair
color of the permitholder, and other information as may be prescribed
by the department. The department may integrate the identification
into the permitholder's California driver's license or identification
number, or the Certificate of Eligibility program set forth in
Section 12071, or other similar means.
(h) The department shall recover the full cost of administering
this section by assessing the following application fees:
(1) For the initial application: thirty-five dollars ($35).
(2) For each renewal application: fifteen dollars ($15).
(i) All fees received pursuant to this section shall be deposited
into the Dealer Record of Sale Account.
(j) The implementation of this section by the department is exempt
from the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).
(k) The department shall annually review and shall adjust the fees
specified in subdivision (h), if necessary, to fully fund, but not
to exceed the actual costs of, the permit program provided for by
this section, including enforcement of the program.
(l) The Attorney General is authorized to adopt regulations to
implement the provisions of this section.
12064. (a) In order to implement provisions of paragraphs (7) and
(8) of subdivision (c) of Section 12062, the department shall do all
of the following on or before January 1, 2011:
(1) Establish a state database that licensed handgun ammunition
vendors may instantaneously access by telephone or other electronic
means, as specified by the department, with information to be
supplied immediately on whether the presented handgun ammunition
purchase permit is valid. The database shall record when a vendor
contacts the department to verify that a handgun ammunition purchase
permit is valid, and shall provide an authorization number for the
delivery of the ammunition to that permitholder.
(2) Upon establishment of the database referred to in paragraph
(1), notify each vendor on the licensed handgun ammunition vendor
registry of the existence and purpose of the system and the means to
be used to access the database.
(3) Establish days and hours during which the telephone number or
other electronic means shall be operational for purposes of
responding to inquiries, taking into consideration the normal
business hours of retailers.
(4) Prescribe procedures whereby the vendor shall contact the
department, if a person is not the holder of a handgun ammunition
purchase permit because he or she is not a resident of this state, to
conduct an instantaneous background check that reasonably verifies
that the person is not prohibited by paragraph (1) of subdivision (b)
of Section 12316 or subsection (g) of Section 922 of Title 18 of the
United States Code from acquiring or possessing handgun ammunition.
(b) The Attorney General is authorized to adopt regulations to
implement the provisions of this section.
SEC. 6. Section 12316.5 is added to the Penal Code, to read:
12316.5. (a) 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
shall be subject to a civil fine of up to five
thousand dollars ($5,000) .
(b) As used in this section, "handgun ammunition" means handgun
ammunition as defined in subdivision (a) of Section 12323 , but
excluding ammunition designed and intended to be used in an "antique
firearm" as defined in Section 921(a)(16) of Title 18 of the United
States Code .
SEC. 7. Section 12317 is added to the Penal
Code, to read:
12317. (a) As used in this section, the following terms apply:
(1) "Handgun ammunition" means handgun ammunition as defined in
subdivision (a) of Section 12323.
(2) "Seller of ammunition" means any of the following:
(A) A person licensed pursuant to Section 12071.
(B) A person registered as a registered handgun ammunition vendor
with the Department of Justice pursuant to Section 12315.
(C) A commercial hunting club, game bird club, or pheasant club
licensed by the Department of Fish and Game.
(D) A target facility which holds a regulatory or business
license.
(E) A person who is on the centralized list maintained by the
Department of Justice pursuant to Section 12083.
(b) No seller of ammunition shall sell, offer of 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 seller or employee thereof.
(c) Violation of this section is punishable as an infraction with
a fine of five hundred dollars ($500), or as a misdemeanor.
(d) The Attorney General is authorized to adopt regulations to
implement the provisions of this section.
SEC. 8. SEC. 7. Section 12318 is
added to the Penal Code, to read:
12318. (a) Handgun ammunition may only be purchased in a
face-to-face transaction, provided that the seller view a bona fide
evidence of identity from the retail purchaser and act in accordance
with existing law. Commencing July 1, 2008, the sale
or other transfer of ownership of handgun ammunition may only occur
in a face-to-face transaction with the seller or transferor being
provided bona fide evidence of identity from the purchaser or other
transferee.
(1)"Bona
(b) (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 , but excluding ammunition
designed and intended to be used in an "antique firearm" as defined
in Section 921(a)(16) of Title 18 of the United States
Code .
(3) "Licensed handgun ammunition vendor" has the same meaning as
set forth in Section 12062.
(c) Subdivision (a) shall not apply to or effect
affect 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.
(3) Importers and manufacturers of handgun ammunition or firearms
licensed to engage in business pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto, and licensed handgun ammunition
vendors.
(4) Persons who are on the centralized list maintained by the
Department of Justice pursuant to Section 12083.
(5) Persons whose licensed premises are outside this state who are
licensed as dealers or collectors of firearms pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
(6) Persons licensed as collectors 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 who has a current certificate of
eligibility issued to him or her by the Department of Justice
pursuant to Section 12071.
SEC. 9. Section 12326 is added to the Penal
Code, to read:
12326. (a) For purposes of this section, the following terms
apply:
(1) "Seller of handgun ammunition" means any of the following:
(A) Persons licensed pursuant to Section 12071.
(B) A person registered with the Department of Justice pursuant to
Section 12315 as a registered handgun ammunition seller.
(C) A person who is on the centralized list maintained by the
Department of Justice pursuant to Section 12083.
(D) A target facility which holds a business or regulatory
license.
(E) Commercial hunting clubs, game bird clubs, or pheasant clubs
licensed by the Department of Fish and Game.
(F) Gunsmiths.
(G) Wholesalers.
(H) Manufacturers or importers 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.
(2) "Handgun ammunition" means assembled live ammunition, other
than .22 caliber, primarily for use in a handgun.
(b) Commencing July 1, 2008, no seller of handgun ammunition shall
sell or otherwise transfer ownership of any handgun ammunition
without at the time of purchase recording the following information
in a format to be prescribed by the Department of Justice:
(1) The date of the transaction.
(2) The name, address, and date of birth of the transferee.
(3) The transferee's driver's license or other identification
number and the state in which it was issued.
(4) The brand, type, and amount of ammunition transferred.
(5) The transferee's signature.
(6) The name of the salesperson who processed the transaction.
(c) Commencing July 1, 2008, the seller of handgun ammunition
shall also at the time of purchase or transfer obtain the right
thumbprint of the purchaser or transferee on the above form, unless
the purchaser or
transferee presents a valid hunting or sportsman's license issued
pursuant to Section 714, paragraphs (1) to (3), inclusive, of
subdivision (a) of Section 3031, or Section 3031.2 of the Fish and
Game Code, in which case the seller of handgun ammunition shall
record the number of the license.
(d) (1) Commencing July 1, 2008, the records required by this
section shall be maintained on the premises of the seller of handgun
ammunition for a period of not less than two years from the date of
the recorded transfer.
(2) Commencing July 1, 2008, the records shall be subject to
inspection at any time during normal business hours by any peace
officer employed by a sheriff, city police department, or district
attorney as provided in subdivision (a) of Section 830.1, or employed
by the Department of Justice as provided in subdivision (b) of
Section 830.1, provided the officer is conducting 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 (Chapter 1 (commencing with
Section 12000) of Title 2 of Part 4), or any other laws pertaining to
firearms. The records shall also be subject to inspection at any
time during normal business hours by any other employee of the
Department of Justice, provided that employee is conducting 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 (Chapter 1
(commencing with Section 12000) of Title 2 of Part 4), or any other
laws pertaining to firearms.
(3) Commencing July 1, 2008, on the date of delivery of the
handgun ammunition, the seller of handgun ammunition shall submit a
report to the Department of Justice in such manner as the department
may prescribe containing the information set forth in subdivision
(b).
(e) (1) Commencing July 1, 2008, no person shall knowingly make a
false entry in, fail to make a required entry in, fail to obtain the
required thumbprint, or fail to maintain in the required manner
records prepared in accordance with subdivision (d). If the right
thumbprint is not available, then the seller of handgun ammunition
shall have the purchaser or transferee use his or her left thumb, or
any available finger, and shall so indicate on the form. If the
purchaser or transferee is physically unable to provide a thumbprint
or fingerprint, the seller of handgun ammunition shall so indicate on
the form.
(2) Commencing July 1, 2008, no person shall refuse to permit a
person authorized under paragraph (2) of subdivision (d) to examine
any record prepared in accordance with this section during any
inspection conducted pursuant to this section, or refuse to permit
the use of any record or information by those persons.
(f) A violation of this section shall constitute a misdemeanor.
(g) This section shall not apply to any of the following:
(1) Sales or transfer of handgun ammunition to or between any of
the following:
(A) Persons licensed pursuant to Section 12071.
(B) A person registered with the Department of Justice pursuant to
Section 12315 as a registered handgun ammunition seller.
(C) A person who is on the centralized list maintained by the
Department of Justice pursuant to Section 12083.
(D) A target facility which holds a business or regulatory
license.
(E) Commercial hunting clubs, game bird clubs, or pheasant clubs
licensed by the Department of Fish and Game.
(F) Gunsmiths.
(G) Wholesalers.
(H) Manufacturers or importers 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.
(I) 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:
(i) 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.
(ii) The firearms being auctioned off at the corporation's
auctions or events are not primarily handguns.
(2) Sales or transfers made to 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 delivery, transfer, or sale of these firearms,
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 or transferee 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 he or she is employed.
(3) Sales or transfers 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.
SEC. 10. (a) The Legislature finds and declares
all of the following:
(1) Although Section 12316 of the Penal Code bars various
categories of persons from possessing ammunition, there is no
instantaneous means of verifying whether those persons are
endeavoring to acquire handgun ammunition from persons authorized to
transfer handgun ammunition, and an instantaneous check would be
beneficial for both public safety and registered owners of handguns.
(2) The Legislature on an overwhelming basis in 2001 enacted
legislation to identify registered owners of handguns and assault
weapons who subsequently became ineligible to possess the same and
set forth procedures for those persons to dispose of their firearms
and thereby avoid criminal liability for possessing or disposing of
their firearms.
(3) California driver's license number and identification
information is contained in all firearms transactions records
maintained by the state and the identification number is a permanent
and unique number which identifies who owns what handgun and where he
or she resides.
(b) The Attorney General shall prepare and submit to the
Legislature, on or before January 1, 2009, a report concerning all of
the following:
(1) Recommending a clear and succinct general procedure whereby
instantaneous background checks can be conducted on persons wishing
to acquire handgun ammunition.
(2) Integration of that system into the current handgun
registration process.
(3) The feasibility and cost of creating the type of background
check system referred to in this section.
(4) The costs overall and to individual users of creating that
system.
(5) The effect of the system on overall efforts by the Department
of Justice in terms of information and computerized upgrades that the
department is currently undertaking.
(6) Specific statutory changes to implement the system.
(c) It is the intent of the Legislature to enact legislation,
based on the Attorney General's report required by subdivision (b),
providing that commencing July 1, 2011, prior to the delivery of
handgun ammunition by a "seller of handgun ammunition," as described
in Section 12326, an instantaneous background check will be conducted
in order to determine that the recipient of the ammunition is not
prohibited from possessing ammunition pursuant to subdivision (b) of
Section 12316.
(d) It is also the intent of the Legislature that this entire
program be fee supported.
SEC. 11. 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.