BILL NUMBER: AB 1663	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hagman
   (Coauthors: Assembly Members Adams, Anderson, Conway, DeVore,
Emmerson, Fletcher, Gaines, Gilmore, Harkey, Knight, Nestande,
Niello, Nielsen, Silva, and Smyth)

                        JANUARY 19, 2010

   An act to repeal Section 12318 of, and to repeal Article 3.5
(commencing with Section 12060) of Chapter 1 of Title 2 of Part 4 of,
the Penal Code, relating to ammunition.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 1663, as introduced, Hagman. Ammunition.
   Existing law provides 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.
   This bill would repeal those provisions.
   Existing law requires, subject to exceptions, commencing February
1, 2011, that handgun ammunition vendors obtain a thumbprint and
other information from ammunition purchasers, as specified. Existing
law provides, 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. Violations of any of the above
provisions are misdemeanors, some with specified penalties.
   This bill would repeal those provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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

  SECTION 1.  Article 3.5 (commencing with Section 12060) of Chapter
1 of Title 2 of Part 4 of the Penal Code, as added by Chapter 628 of
the Statutes of 2009, is repealed.
  SEC. 2.  Section 12318 of the Penal Code, as added by Chapter 628
of the Statutes of 2009, is repealed. 
   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.