BILL NUMBER: AB 2062 INTRODUCED BILL TEXT INTRODUCED BY Assembly Member De Leon FEBRUARY 19, 2008 An act to amend Sections 11106, 12010, 12011, and 12012 of, to add Section 12318 to, and to add Article 3.5 (commencing with Section 12060) to Title 2 of Part 4 of, the Penal Code, relating to ammunition. LEGISLATIVE COUNSEL'S DIGEST AB 2062, as introduced, 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, 2009, 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 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 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. 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 subject to civil fines, as specified. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: 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 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 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 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 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 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 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 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. 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, 2009, 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, 2009, 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, 2009, 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, 2009. (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, 2009, 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, 2009, 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, 2009, 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, 2009, 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, 2009, 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, 2009, 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 12318 is added to the Penal Code, to read: 12318. (a) Commencing July 1, 2009, 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. (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 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) 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.