BILL NUMBER: AB 962	ENROLLED
	BILL TEXT

	PASSED THE SENATE  SEPTEMBER 10, 2009
	PASSED THE ASSEMBLY  SEPTEMBER 11, 2009
	AMENDED IN SENATE  SEPTEMBER 4, 2009
	AMENDED IN SENATE  JUNE 22, 2009
	AMENDED IN ASSEMBLY  JUNE 1, 2009

INTRODUCED BY   Assembly Member De Leon
   (Coauthor: Assembly Member Bonnie Lowenthal)

                        FEBRUARY 26, 2009

   An act to amend Section 12316 of, to add Sections 12317 and 12318
to, to add Article 3.5 (commencing with Section 12060) to Chapter 1
of, to add a heading for Chapter 2.6 (commencing with Section 12316)
to, and to repeal the heading of Chapter 2.6 (commencing with Section
12320) of, Title 2 of Part 4 of, the Penal Code, relating to
ammunition.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 962, De Leon. Ammunition.
   Existing law generally regulates the sale of ammunition.
   The bill would provide that no handgun ammunition vendor, as
defined, 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 vendor or employee
thereof.
   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 February 1,
2011, require handgun ammunition vendors to obtain a thumbprint and
other information from ammunition purchasers, 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 by using reasonable care should know, that the
recipient is a person prohibited from possessing ammunition or a
minor prohibited from possessing ammunition, as specified. Violation
of these provisions is a misdemeanor with specified penalties.
   The bill would provide, subject to exceptions, that commencing
February 1, 2011, the delivery or transfer of ownership of handgun
ammunition may only occur in a face-to-face transaction, with the
deliverer or transferor being provided bona fide evidence of identity
of the purchaser or other transferee. A violation of these
provisions would be a misdemeanor.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  This act shall be known, and may be cited, as the
Anti-Gang Neighborhood Protection Act of 2009.
  SEC. 2.  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 Vendors


   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.
   (c) "Handgun ammunition vendor" or "vendor" means any person,
firm, corporation, dealer, or any other business enterprise that is
engaged in the retail sale of any handgun ammunition, or that holds
itself out as engaged in the business of selling any handgun
ammunition.
   12061.  (a) A vendor shall comply with all of the following
conditions, requirements and prohibitions:
   (1) 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, sell, or deliver handgun ammunition in
the course and scope of his or her employment.
   (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 February 1, 2011, a vendor shall not sell or
otherwise transfer ownership of any handgun ammunition without, at
the time of delivery, legibly recording the following information:
   (A) The date of the sale or other transaction.
   (B) The purchaser's or 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 sold or otherwise
transferred.
   (D) The purchaser's or transferee's signature.
   (E) The name of the salesperson who processed the sale or other
transaction.
   (F) The right thumbprint of the purchaser or transferee on the
above form.
   (G) The purchaser's or transferee's full residential address and
telephone number.
   (H) The purchaser's or transferee's date of birth.
   (4) Commencing February 1, 2011, the records required by this
section shall be maintained on the premises of the vendor for a
period of not less than five years from the date of the recorded
transfer.
   (5) Commencing February 1, 2011, the records referred to in
paragraph (3) 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.
   (6) Commencing February 1, 2011, 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.
   (7) Commencing February 1, 2011, no vendor shall refuse to permit
a person authorized under paragraph (5) 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.
   (b) Paragraph (3) of subdivision (a) shall not apply to or affect
sales or other transfers of ownership of handgun ammunition by
handgun ammunition vendors to any of the following, if properly
identified:
   (1) A person licensed pursuant to Section 12071.
   (2) A handgun ammunition vendor.
   (3) A person who is on the centralized list maintained by the
department pursuant to Section 12083.
   (4) A target facility which holds a business or regulatory
license.
   (5) Gunsmiths.
   (6) Wholesalers.
   (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.
   (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.
   (c) (1) A violation of paragraph (3), (4), (6), or (7) of
subdivision (a) 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.
  SEC. 3.  A heading for Chapter 2.6 of Title 2 of Part 4 is added to
the Penal Code, immediately preceding Section 12316, to read:
      CHAPTER 2.6.  AMMUNITION


  SEC. 5.  Section 12316 of the Penal Code is amended to read:
   12316.  (a) (1) Any person, corporation, or dealer who does any 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.
   (C) Supplies, delivers, or gives possession of any ammunition to
any minor who he or she knows, or using reasonable care should know,
is prohibited from possessing that ammunition at that time pursuant
to Section 12101.
   (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. "Ammunition" does not include
blanks.
   (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. 6.  Section 12317 is added to the Penal Code, to read:
   12317.  (a) Any person, corporation, or firm who supplies,
delivers, sells, or gives possession or control of, any ammunition to
any person who he or she knows or using reasonable care should know
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, is guilty
of a misdemeanor, punishable by imprisonment in a county jail not
exceeding one year, or a fine not exceeding one thousand dollars
($1,000), or by both that fine and imprisonment.
   (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
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. "Ammunition" does not include
blanks.
  SEC. 7.  Section 12318 is added to the Penal Code, to read:
   12318.  (a) Commencing February 1, 2011, the delivery or transfer
of ownership of handgun ammunition may only occur in a face-to-face
transaction with the deliverer 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.
   (3) "Handgun ammunition vendor" has the same meaning as set forth
in Section 12060.
   (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 handgun ammunition vendor.
   (8) A consultant-evaluator, as defined in subdivision (s) of
Section 12001.
  SEC. 8.  The heading of Chapter 2.6 (commencing with Section 12320)
of Title 2 of Part 4 of the Penal Code is repealed.
  SEC. 9.  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.