BILL NUMBER: AB 2062 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 5, 2008
AMENDED IN ASSEMBLY APRIL 2, 2008
INTRODUCED BY Assembly Member De Leon
( Coauthor: Assembly Member
Hancock )
( Coauthor: Senator Scott
)
FEBRUARY 19, 2008
An act to amend Sections 11106, 12010, 12011, 12012, and 12316 of,
to add Section 12318 to, and to add Article 3.5 (commencing with
Section 12060) to Chapter 1 of Title 2 of Part 4 of, the Penal Code,
relating to ammunition.
LEGISLATIVE COUNSEL'S DIGEST
AB 2062, 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, 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 a
misdemeanor.
By creating a new crime, this bill would impose a state-mandated
local program.
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.
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, commencing July 1, 2009,
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.
This bill would provide that a person enjoined from engaging in
activity associated with a criminal street gang, as specified, would
be prohibited from having under his or her possession custody or
control, any ammunition. Violation of these provisions would be a
misdemeanor.
The bill would prohibit supplying or delivering, as specified,
handgun ammunition to prohibited persons, as described, by persons or
others who know or have cause to believe the recipient is a persons
prohibited from possessing ammunition. Violation of these provisions
is a misdemeanor with specified penalties.
By creating new crimes, this bill would impose a state-mandated
local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 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, information submitted pursuant to Section
12062, 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
Chapter 1 of 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. Handgun
ammunition does not include blanks used in prop weapons.
(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) Commencing July 1, 2009, no person shall sell or
otherwise transfer ownership of 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.
(b) Subdivision (a) shall not apply to or affect any of the
following:
(1) Sales or other transfers of ownership of handgun ammunition to
licensed handgun ammunition vendors who are licensed pursuant to
Section 12062.
(2) Sales or other transfers of ownership of handgun ammunition by
an authorized law enforcement representative of a city, county, or
city and county, or the state or federal government to a peace
officer authorized to carry a handgun in the course and scope of his
or her duties.
(3) Sales or other transfers of ownership 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 other transfers of ownership 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 other transfers of ownership of handgun ammunition
between immediate family members, spouses, or registered domestic
partners.
(c) A violation of this section is a misdemeanor.
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. The license issued
pursuant to this section shall be issued for a specific physical
location where the sale or other transfer of ownership of handgun
ammunition is to be conducted.
(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) Gunsmiths.
(E) Wholesalers.
(F) 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 that are vendors.
(B) The department may remove from this registry any vendor that
violates the provisions of this section.
(C) The license of any vendor that 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 on a form that is 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
handgun ammunition purchase permit in which case the vendor shall
record the number of the permit .
(G) Commencing July 1, 2011, information that the department may
require to ensure compliance with the provisions of paragraph (7).
(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) Commencing July 1, 2011, immediately 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.
one of the following:
(A) The holder of a valid handgun ammunition purchase permit
issued pursuant to Section 12063.
(B) A person who has a current certificate of eligibility issued
to him or her by the Department of Justice pursuant to Section 12071.
(C) A sworn peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of his or her duties.
(D) A person who is purchasing or otherwise acquiring ownership of
fewer than 30 rounds of handgun ammunition from the licensed handgun
ammunition vendor and all of the following conditions are met:
(i) The licensed handgun ammunition vendor also operates a target
range on the premises where the license authorizes the vendor to
transfer ammunition.
(ii) The purchaser or transferee will expend that ammunition for
the purposes of shooting at targets at the target range.
(iii) The person has not purchased or otherwise acquired ownership
of handgun ammunition from that licensed handgun ammunition vendor
within the previous 30 days.
(iv) The person is renting or being loaned a handgun from that
licensed handgun ammunition vendor in accordance with either
subdivision (h) of, or paragraph (6) of subdivision (k) of, Section
12078.
(E) A person who has a current license to carry a handgun issued
to him or her pursuant to Section 12050.
(F) An honorably retired peace officer who is authorized to carry
a concealed or loaded firearm pursuant to subdivision (a) or (i) of
Section 12027 or paragraph (1) or (8) of subdivision (b) of Section
12031.
(G) Any person who is authorized to carry loaded firearms pursuant
to subdivision (c) or (d) of Section 12031.
(H) A person who is the holder of a special weapons permit issued
by the department pursuant to Section 12095, 12230, 12250, or 12305.
(8) 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.
(9) Commencing July 1, 2009, no vendor shall refuse to permit a
person authorized under paragraph (6) 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.
(10) To implement paragraph (7) of this subdivision, commencing
July 1, 2009, the department may require the vendor to charge each
person who is or would be subject to the requirements of paragraph
(7) a fee for the actual processing costs of that transaction, which
in any event shall not exceed three dollars ($3) for each
transaction.
(11) Each vendor shall transmit in the manner prescribed by the
department the fees collected pursuant to paragraph (10) to the
department.
(10)
Commencing July 1, 2011, the vendor shall transmit in the manner
prescribed by the department the fees collected pursuant to paragraph
(2) of subdivision (l) of Section 12063 for the department if he or
she is authorized to act for the department pursuant to paragraph (2)
of subdivision (l) of Section 12063.
(11) Commencing July 1, 2011, that vendor shall not charge more
than the fees it may charge as set forth in paragraphs (2) and (3) of
subdivision (l) of Section 12063.
(d) (1) Paragraphs (3) and
(7) of subdivision (c) shall not apply to or affect sales or other
transfers of ownership of handgun ammunition by licensed handgun
ammunition vendors to any of the following:
(A)
(1) Persons licensed pursuant to Section 12071 properly
identified as such.
(B)
(2) A licensed handgun ammunition vendor properly
identified as such.
(C)
(3) A person who is on the centralized list maintained
by the department pursuant to Section 12083 properly identified as
such.
(D)
(4) A target facility which holds a business or
regulatory license properly identified as such.
(E)
(5) Gunsmiths, properly identified as such.
(F)
(6) Wholesalers properly identified as such.
(G)
(7) 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.
(H)
(8) Sales or other transfers of ownership 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, transferee, or
person otherwise acquiring ownership 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) Paragraph (7) of subdivision (c) shall not apply to or affect
sales or other transfers of ownership 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.
(f) (1) A violation of paragraph (3), (4), (5), (7), (8),
(10), or (11) of subdivision (c) is a misdemeanor.
(2) The provisions of this subdivision are cumulative, and shall
not be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
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 or otherwise acquire ownership of 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) or (4) 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) (h) .
(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, if authorized
by federal law, 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
10 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 one year 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) (1) The handgun ammunition purchase
permit shall be in a format 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.
(2) If a handgun ammunition purchase permit is lost or destroyed,
the department shall issue a duplicate permit upon request and proof
of identification of that permitholder.
(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).
(3) For a duplicate permit issued pursuant to paragraph (2) of
subdivision (g): fifteen dollars ($15).
(i) All fees received pursuant to this section remitted to
the department shall be deposited into the Dealers' Record of
Sale Special 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) (1) The department is authorized to utilize licensed handgun
ammunition vendors to accept applications for handgun ammunition
purchase permits, including a duplicate application, an initial
application, or a renewal application, to submit the application to
the department via electronic or other means as prescribed by the
department, and if the permit is issued, to provide the permit to the
applicant.
(2) The licensed handgun ammunition vendor, if he or she is
authorized to act for the department pursuant to paragraph (1) shall
collect for and remit to the department the applicable fees set forth
in subdivision (h).
(3) In addition to the fees set forth in subdivision (h), the
licensed handgun ammunition vendor may charge a fee not to exceed
three dollars ($3) for processing each initial application, a renewal
application, or the application for a duplicate permit.
(l)
(m) The Attorney General is authorized to adopt
regulations to implement the provisions of this section.
(m)
(n) (1) Knowingly furnishing any incorrect information
or knowingly omitting any information required to be provided by a
person seeking a handgun ammunition purchase permit is a misdemeanor.
(2) This subdivision is cumulative, and shall not be construed as
restricting the application of any other law. However, an act or
omission punishable in different ways by different provisions of law
shall not be punished under more than one provision.
12064. (a) In order to implement provisions of paragraph (7) 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.
(b) The Attorney General is authorized to adopt regulations to
implement the provisions of this section.
12065. (a) (1) No person, corporation, or firm shall knowingly
supply, deliver, sell, or give possession or control of, any handgun
ammunition to any person who is prohibited from owning, possessing,
or having under his or her custody or control, any ammunition or
reloaded ammunition pursuant to paragraph (1) or (4) of subdivision
(b) of Section 12316.
(2) No person, corporation, or dealer shall sell, supply, deliver,
or give possession or control of any ammunition to any person whom
he or she has cause to believe to be prohibited from owning,
possessing, or having under his or her custody or control any
ammunition or reloaded ammunition pursuant to paragraph (1) or (4) of
subdivision (b) of Section 12316.
(3) A violation of paragraph (1) is punishable by imprisonment in
a county jail not to exceed one year, or by a fine not to exceed one
thousand dollars ($1,000), or by both that fine and imprisonment.
(4) A violation of paragraph (2) is a misdemeanor.
(b) The provisions of this section are cumulative and shall not be
construed as restricting the application of any other law. However,
an act or omission punishable in different ways by this section and
provisions another provision of law
shall not be punished under more than one provision.
(c) For purposes of this section, "ammunition" shall include, but
not be limited to, any bullet, cartridge, magazine, clip, speed
loader, autoloader, or projectile capable of being fired from a
firearm with deadly consequence. Handgun ammunition does not
include blanks used in prop weapons.
SEC. 6. Section 12316 of the Penal Code is amended to read:
12316. (a) (1) Any person, corporation, or dealer who does either
of the following shall be punished by imprisonment in a county jail
for a term not to exceed six months, or by a fine not to exceed one
thousand dollars ($1,000), or by both the imprisonment and fine:
(A) Sells any ammunition or reloaded ammunition to a person under
18 years of age.
(B) Sells any ammunition or reloaded ammunition designed and
intended for use in a handgun to a person under 21 years of age. As
used in this subparagraph, "ammunition" means handgun ammunition as
defined in subdivision (a) of Section 12323. Where ammunition or
reloaded ammunition may be used in both a rifle and a handgun, it may
be sold to a person who is at least 18 years of age, but less than
21 years of age, if the vendor reasonably believes that the
ammunition is being acquired for use in a rifle and not a handgun.
(2) Proof that a person, corporation, or dealer, or his or her
agent or employee, demanded, was shown, and acted in reasonable
reliance upon, bona fide evidence of majority and identity shall be a
defense to any criminal prosecution under this subdivision. As used
in this subdivision, "bona fide evidence of majority and 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, California 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.
(b) (1) No person prohibited from owning or possessing a firearm
under Section 12021 or 12021.1 of this code or Section 8100 or 8103
of the Welfare and Institutions Code shall own, possess, or have
under his or her custody or control, any ammunition or reloaded
ammunition.
(2) For purposes of this subdivision, "ammunition" shall include,
but not be limited to, any bullet, cartridge, magazine, clip, speed
loader, autoloader, or projectile capable of being fired from a
firearm with a deadly consequence. Handgun ammunition does not
include blanks used in prop weapons.
(3) A violation of paragraph (1) of this subdivision is punishable
by imprisonment in a county jail not to exceed one year or in the
state prison, by a fine not to exceed one thousand dollars ($1,000),
or by both the fine and imprisonment.
(4) A person who is not prohibited by paragraph (1) from owning,
possessing, or having under his or her custody or control, any
ammunition or reloaded ammunition, but who is enjoined from engaging
in activity pursuant to an injunction issued pursuant to Section 3479
of the Civil Code against that person as a member of a criminal
street gang, as defined in Section 186.22, may not own, possess, or
have under his or her custody or control, any ammunition or reloaded
ammunition.
(5) A violation of paragraph (4) of this subdivision is a
misdemeanor.
(c) Unless it is with the written permission of the school
district superintendent, his or her designee, or equivalent school
authority, no person shall carry ammunition or reloaded ammunition
onto school grounds, except sworn law enforcement officers acting
within the scope of their duties or persons exempted under
subparagraph (A) of paragraph (1) of subdivision (a) of Section
12027. This subdivision shall not apply to a duly appointed peace
officer as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, a full-time paid peace officer of another state or
the federal government who is carrying out official duties while in
California, any person summoned by any of these officers to assist in
making an arrest or preserving the peace while he or she is actually
engaged in assisting the officer, a member of the military forces of
this state or of the United States who is engaged in the performance
of his or her duties, a person holding a valid license to carry the
firearm pursuant to Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, who is
engaged in the performance of his or her duties, as defined in
subdivision (e) of Section 7521 of the Business and Professions Code.
A violation of this subdivision is punishable by imprisonment in a
county jail for a term not to exceed six months, a fine not to exceed
one thousand dollars ($1,000), or both the imprisonment and fine.
(d) (1) A violation of paragraph (1) or (4) of subdivision (b) is
justifiable where all of the following conditions are met:
(A) The person found the ammunition or reloaded ammunition or took
the ammunition or reloaded ammunition from a person who was
committing a crime against him or her.
(B) The person possessed the ammunition or reloaded ammunition no
longer than was necessary to deliver or transport the ammunition or
reloaded ammunition to a law enforcement agency for that agency's
disposition according to law.
(C) The person is prohibited from possessing any ammunition or
reloaded ammunition solely because that person is prohibited from
owning or possessing a firearm only by virtue of Section 12021 or
ammunition or reloaded ammunition because of paragraph (4) of
subdivision (b).
(2) Upon the trial for violating paragraph (1) or (4) of
subdivision (b), the trier of fact shall determine whether the
defendant is subject to the exemption created by this subdivision.
(3) The defendant has the burden of proving by a preponderance of
the evidence that he or she is subject to the exemption provided by
this subdivision.
SEC. 7. 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. A
violation of this section is a misdemeanor.
(b) For purposes of this section:
(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. Handgun
ammunition does not include blanks used in prop weapons.
(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.
(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.
(7) A licensed handgun ammunition vendor.
(8) A consultant-evaluator, as defined in subdivision (s) of
Section 12001.
SEC. 8. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.