BILL NUMBER: AB 2358 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 30, 2010
AMENDED IN SENATE AUGUST 19, 2010
AMENDED IN SENATE JUNE 22, 2010
AMENDED IN SENATE JUNE 3, 2010
INTRODUCED BY Assembly Member De Leon
FEBRUARY 19, 2010
An act to amend Sections 12061 , 12077 , 12318, and
12323 of the Penal Code, relating to ammunition.
LEGISLATIVE COUNSEL'S DIGEST
AB 2358, as amended, De Leon. Ammunition.
Existing law provides that 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
specified information regarding the purchaser or transferee, and
maintaining the record for a period of not less than 5 years, as
specified. Existing law provides that violation of these provisions
is a misdemeanor. Existing law also provides that the records shall
be subject to inspection by any peace officer and certain others, as
specified, for purposes of an investigation where access to those
records is or may be relevant to that investigation, when seeking
information about persons prohibited from owning a firearm or
ammunition, or when engaged in ensuring compliance with laws
pertaining to firearms or ammunition, as specified.
This bill would require the information described above in
connection with the transfer of handgun ammunition be legibly or
electronically recorded. The bill would provide that commencing
February 1, 2011, except for investigatory and enforcement purposes
described above, no ammunition vendor shall provide the required
information to any 3rd party without the written consent of the
purchaser or transferee. The bill would also provide that records may
be copied for investigatory or enforcement purposes by any person
authorized to inspect those records, as specified, and that copies
shall be transmitted to local law enforcement if required by local
law. The bill would also provide that any required ammunition records
that are no longer required to be maintained shall be destroyed in a
manner that protects the privacy of the purchaser or transferee who
is the subject of the record. The bill would provide that violation
of these provisions is a misdemeanor. This bill would provide
that commencing February 1, 2011, except for investigatory
and enforcement purposes described above, no ammunition vendor shall
provide the required information to any 3rd party, or use the
information for any purpose other than as is required or authorized
by statute or regulation, without the written consent of the
purchaser or transferee. The bill would also provide that any
required ammunition records that are no longer required to be
maintained shall be destroyed in a specified manner. The bill would
provide that violation of these provisions is a misdemeanor.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
The bill would require ammunition vendors, commencing February 1,
2011, to provide written notice to the local police chief, or if the
vendor is in an unincorporated area, to the county sheriff, of the
vendor's intent to conduct business in the jurisdiction, and to
obtain any regulatory or business license required by the
jurisdiction for ammunition sellers. A violation of this
provision would be a misdemeanor. The bill would also provide that no
public agency may make public the information obtained from the
record of the ammunition transaction.
Existing law requires certain information to be collected by
firearms dealers in connection with the transfer of firearms and
submitted to the Department of Justice, as specified.
This bill would provide that no firearms dealer shall provide the
information required by those provisions to any 3rd party, or use the
information for any purpose other than as is required or authorized
by statute or regulation, without the written consent of the
purchaser or transferee, except for purposes of 3rd-party electronic
submission to the department. The bill would also provide that any of
these records that are no longer required to be maintained, if
destroyed, shall be destroyed in a specified manner.
Existing law provides 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 from the purchaser or
other transferee.
This bill would also provide that handgun ammunition may be
purchased over the Internet or through other means of remote ordering
if a handgun ammunition vendor in California initially receives the
ammunition and processes the transfer, as specified.
Existing law defines "handgun ammunition" for most purposes as
ammunition principally for use in handguns, notwithstanding that the
ammunition may also be used in some rifles.
This bill would instead define "handgun ammunition" for those
purposes as any variety of ammunition of a caliber specified in a
list added by this bill, notwithstanding that the ammunition may also
be used in some rifles, and would provide that "handgun ammunition"
does not include blanks or ammunition designed and intended to be
used in an "antique firearm," as defined.
This bill would incorporate additional amendments to Section 12077
of the Penal Code proposed by AB 1810, contingent on the prior
enactment of that bill.
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 12061 of the Penal Code is amended to read:
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 or electronically 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) (A) 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. Commencing February 1, 2011, except for the
purposes set forth in paragraph (5), no vendor shall provide the
information specified in paragraph (3) to any third party
without the written consent of the purchaser or transferee. Any
records required by this section that are no longer required to be
maintained shall be destroyed in a manner that protects the privacy
of the purchaser or transferee who is the subject of the record.
specified in paragraph (3) to any third party, or use
the information for any purpose other than as is required or
authorized by statute or regulation, without the written consent of
the purchaser or transferee of the handgun ammunition who is the
subject of the record.
(B) Any records generated pursuant to this section that are no
longer required to be maintained shall be destroyed pursuant to
Section 1798.81 of the Civil Code.
(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. Records may be copied for investigatory or enforcement
purposes by any person authorized to inspect those records pursuant
to this subdivision.
(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.
(8) Commencing February 1, 2011, a vendor shall provide written
notice to the local police chief, or if the vendor is in an
unincorporated area, to the county sheriff, of the vendor's intent to
conduct business in the jurisdiction, and shall obtain any
regulatory or business license required by the jurisdiction for
ammunition sellers. Copies of the ammunition sales records required
by this section shall be transmitted to the county sheriff or chief
of police if required by local law.
(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) No public agency may make public the information obtained from
the record made pursuant to paragraph (3) of subdivision (a).
(c)
(d) (1) A violation of paragraph (3), (4), (6),
or (7) (7), or (8) 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. 2. Section 12077 of the Penal Code
is amended to read:
12077. (a) The Department of Justice shall prescribe the form of
the register and the record of electronic transfer pursuant to
Section 12074.
(b) (1) For handguns, information contained in the register or
record of electronic transfer shall be the date and time of sale,
make of firearm, peace officer exemption status pursuant to
subdivision (a) of Section 12078 and the agency name, dealer waiting
period exemption pursuant to subdivision (n) of Section 12078,
dangerous weapons permitholder waiting period exemption pursuant to
subdivision (r) of Section 12078, curio and relic waiting period
exemption pursuant to subdivision (t) of Section 12078, California
Firearms Dealer number issued pursuant to Section 12071, for
transactions occurring prior to January 1, 2003, the purchaser's
basic firearms safety certificate number issued pursuant to Sections
12805 and 12809, for transactions occurring on or after January 1,
2003, the purchaser's handgun safety certificate number issued
pursuant to Article 8 (commencing with Section 12800), manufacturer's
name if stamped on the firearm, model name or number, if stamped on
the firearm, if applicable, serial number, other number (if more than
one serial number is stamped on the firearm), any identification
number or mark assigned to the firearm pursuant to Section 12092,
caliber, type of firearm, if the firearm is new or used, barrel
length, color of the firearm, full name of purchaser, purchaser's
complete date of birth, purchaser's local address, if current address
is temporary, complete permanent address of purchaser,
identification of purchaser, purchaser's place of birth (state or
country), purchaser's complete telephone number, purchaser's
occupation, purchaser's sex, purchaser's physical description, all
legal names and aliases ever used by the purchaser, yes or no answer
to questions that prohibit purchase including, but not limited to,
conviction of a felony as described in Section 12021 or an offense
described in Section 12021.1, the purchaser's status as a person
described in Section 8100 of the Welfare and Institutions Code,
whether the purchaser is a person who has been adjudicated by a court
to be a danger to others or found not guilty by reason of insanity,
whether the purchaser is a person who has been found incompetent to
stand trial or placed under conservatorship by a court pursuant to
Section 8103 of the Welfare and Institutions Code, signature of
purchaser, signature of salesperson (as a witness to the purchaser's
signature), salesperson's certificate of eligibility number if he or
she has obtained a certificate of eligibility, name and complete
address of the dealer or firm selling the firearm as shown on the
dealer's license, the establishment number, if assigned, the dealer's
complete business telephone number, any information required by
Section 12082, any information required to determine whether or not
paragraph (6) of subdivision (c) of Section 12072 applies, and a
statement of the penalties for any person signing a fictitious name
or address or for knowingly furnishing any incorrect information or
for knowingly omitting any information required to be provided for
the register.
(2) Effective January 1, 2003, the purchaser shall provide his or
her right thumbprint on the register in a manner prescribed by the
department. No exception to this requirement shall be permitted
except by regulations adopted by the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the handgun is delivered.
(c) (1) For firearms other than handguns, information contained in
the register or record of electronic transfer shall be the date and
time of sale, peace officer exemption status pursuant to subdivision
(a) of Section 12078 and the agency name, auction or event waiting
period exemption pursuant to subdivision (g) of Section 12078,
California Firearms Dealer number issued pursuant to Section 12071,
dangerous weapons permitholder waiting period exemption pursuant to
subdivision (r) of Section 12078, curio and relic waiting period
exemption pursuant to paragraph (1) of subdivision (t) of Section
12078, full name of purchaser, purchaser's complete date of birth,
purchaser's local address, if current address is temporary, complete
permanent address of purchaser, identification of purchaser,
purchaser's place of birth (state or country), purchaser's complete
telephone number, purchaser's occupation, purchaser's sex, purchaser'
s physical description, all legal names and aliases ever used by the
purchaser, yes or no answer to questions that prohibit purchase,
including, but not limited to, conviction of a felony as described in
Section 12021 or an offense described in Section 12021.1, the
purchaser's status as a person described in Section 8100 of the
Welfare and Institutions Code, whether the purchaser is a person who
has been adjudicated by a court to be a danger to others or found not
guilty by reason of insanity, whether the purchaser is a person who
has been found incompetent to stand trial or placed under
conservatorship by a court pursuant to Section 8103 of the Welfare
and Institutions Code, signature of purchaser, signature of
salesperson (as a witness to the purchaser's signature), salesperson'
s certificate of eligibility number if he or she has obtained a
certificate of eligibility, name and complete address of the dealer
or firm selling the firearm as shown on the dealer's license, the
establishment number, if assigned, the dealer's complete business
telephone number, any information required by Section 12082, and a
statement of the penalties for any person signing a fictitious name
or address or for knowingly furnishing any incorrect information or
for knowingly omitting any information required to be provided for
the register.
(2) Effective January 1, 2003, the purchaser shall provide his or
her right thumbprint on the register in a manner prescribed by the
department. No exception to this requirement shall be permitted
except by regulations adopted by the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered.
(d) Where the register is used, the following shall apply:
(1) Dealers shall use ink to complete each document.
(2) The dealer or salesperson making a sale shall ensure that all
information is provided legibly. The dealer and salespersons shall be
informed that incomplete or illegible information will delay sales.
(3) Each dealer shall be provided instructions regarding the
procedure for completion of the form and routing of the form. Dealers
shall comply with these instructions which shall include the
information set forth in this subdivision.
(4) One firearm transaction shall be reported on each record of
sale document. For purposes of this subdivision, a "transaction"
means a single sale, loan, or transfer of any number of firearms that
are not handguns.
(e) The dealer or salesperson making a sale shall ensure that all
required information has been obtained from the purchaser. The dealer
and all salespersons shall be informed that incomplete information
will delay sales.
(f) Effective January 1, 2003, the purchaser's name, date of
birth, and driver's license or identification number shall be
obtained electronically from the magnetic strip on the purchaser's
driver's license or identification and shall not be supplied by any
other means except as authorized by the department. This requirement
shall not apply in either of the following cases:
(1) The purchaser's identification consists of a military
identification card.
(2) Due to technical limitations, the magnetic stripe
strip reader is unable to obtain the required
information from the purchaser's identification. In those
circumstances, the firearms dealer shall obtain a photocopy of the
identification as proof of compliance.
(3) In the event that the dealer has reported to the department
that the dealer's equipment has failed, information pursuant to this
subdivision shall be obtained by an alternative method to be
determined by the department.
(g) No dealer shall provide the information required by this
section to any third party, or use the information for any purpose
other than as is required or authorized by statute or regulation,
without the written consent of the purchaser or transferee. This
subdivision shall not apply to the electronic submission to the
department, through a third party authorized by the department, of
information required by this section and Section 12076.
(h) Any records generated pursuant to this section by a person
licensed pursuant to Section 12071 that are no longer required to be
maintained by that licensee, if destroyed, shall be destroyed
pursuant to Section 1798.81 of the Civil Code.
(g)
(i) As used in this section, the following definitions
shall control:
(1) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm.
(2) "Purchase" means the purchase, loan, or transfer of a firearm.
(3) "Sale" means the sale, loan, or transfer of a firearm.
SEC. 2.5. Section 12077 of the Penal
Code is amended to read:
12077. (a) The Department of Justice shall prescribe the form of
the register and the record of electronic transfer pursuant to
Section 12074.
(b) (1) For handguns, Until July 1, 2012,
for handguns, and thereafter for all firearms, information
contained in the register or record of electronic transfer shall be
the date and time of sale, make of firearm, peace officer exemption
status pursuant to subdivision (a) of Section 12078 and the agency
name, auction or event waiting period exemption pursuant to
subdivision (g) of Section 12078, dealer waiting period
exemption pursuant to subdivision (n) of Section 12078, dangerous
weapons permitholder waiting period exemption pursuant to subdivision
(r) of Section 12078, curio and relic waiting period exemption
pursuant to subdivision (t) of Section 12078, California Firearms
Dealer number issued pursuant to Section 12071, for transactions
occurring prior to January 1, 2003, the purchaser's basic firearms
safety certificate number issued pursuant to Sections 12805 and
12809, for transactions occurring on or after January 1, 2003, the
purchaser's handgun safety certificate number issued pursuant to
Article 8 (commencing with Section 12800), manufacturer's name if
stamped on the firearm, model name or number, if stamped on the
firearm, if applicable, serial number, other number (if more than one
serial number is stamped on the firearm), any identification number
or mark assigned to the firearm pursuant to Section 12092,
provided, however, that if the firearm is not a handgun and does not
have a serial number, identification number, or mark assigned to it,
a notation as to that fact, the caliber, type of firearm, if
the firearm is new or used, barrel length, color of the firearm, full
name of purchaser, purchaser's complete date of birth, purchaser's
local address, if current address is temporary, complete permanent
address of purchaser, identification of purchaser, purchaser's place
of birth (state or country), purchaser's complete telephone number,
purchaser's occupation, purchaser's sex, purchaser's physical
description, all legal names and aliases ever used by the purchaser,
yes or no answer to questions that prohibit purchase including, but
not limited to, conviction of a felony as described in Section 12021
or an offense described in Section 12021.1, the purchaser's status as
a person described in Section 8100 of the Welfare and Institutions
Code, whether the purchaser is a person who has been adjudicated by a
court to be a danger to others or found not guilty by reason of
insanity, whether the purchaser is a person who has been found
incompetent to stand trial or placed under conservatorship by a court
pursuant to Section 8103 of the Welfare and Institutions Code,
signature of purchaser, signature of salesperson (as a witness to the
purchaser's signature), salesperson's certificate of eligibility
number if he or she has obtained a certificate of eligibility, name
and complete address of the dealer or firm selling the firearm as
shown on the dealer's license, the establishment number, if assigned,
the dealer's complete business telephone number, any information
required by Section 12082, any information required to determine
whether or not paragraph (6) of subdivision (c) of Section 12072
applies, and a statement of the penalties for any person signing a
fictitious name or address or for knowingly furnishing any incorrect
information or for knowingly omitting any information required to be
provided for the register.
(2) Effective January 1, 2003, the The
purchaser shall provide his or her right thumbprint on the
register in a manner prescribed by the department. No exception to
this requirement shall be permitted except by regulations adopted by
the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the handgun
firearm is delivered.
(c) (1) For firearms other than handguns, information contained in
the register or record of electronic transfer shall be the date and
time of sale, peace officer exemption status pursuant to subdivision
(a) of Section 12078 and the agency name, auction or event waiting
period exemption pursuant to subdivision (g) of Section 12078,
California Firearms Dealer number issued pursuant to Section 12071,
dangerous weapons permitholder waiting period exemption pursuant to
subdivision (r) of Section 12078, curio and relic waiting period
exemption pursuant to paragraph (1) of subdivision (t) of Section
12078, full name of purchaser, purchaser's complete date of birth,
purchaser's local address, if current address is temporary, complete
permanent address of purchaser, identification of purchaser,
purchaser's place of birth (state or country), purchaser's complete
telephone number, purchaser's occupation, purchaser's sex, purchaser'
s physical description, all legal names and aliases ever used by the
purchaser, yes or no answer to questions that prohibit purchase,
including, but not limited to, conviction of a felony as described in
Section 12021 or an offense described in Section 12021.1, the
purchaser's status as a person described in Section 8100 of the
Welfare and Institutions Code, whether the purchaser is a person who
has been adjudicated by a court to be a danger to others or found not
guilty by reason of insanity, whether the purchaser is a person who
has been found incompetent to stand trial or placed under
conservatorship by a court pursuant to Section 8103 of the Welfare
and Institutions Code, signature of purchaser, signature of
salesperson (as a witness to the purchaser's signature), salesperson'
s certificate of eligibility number if he or she has obtained a
certificate of eligibility, name and complete address of the dealer
or firm selling the firearm as shown on the dealer's license, the
establishment number, if assigned, the dealer's complete business
telephone number, any information required by Section 12082, and a
statement of the penalties for any person signing a fictitious name
or address or for knowingly furnishing any incorrect information or
for knowingly omitting any information required to be provided for
the register.
(2) Effective January 1, 2003, the The
purchaser shall provide his or her right thumbprint on the
register in a manner prescribed by the department. No exception to
this requirement shall be permitted except by regulations adopted by
the department.
(3) The firearms dealer shall record on the register or record of
electronic transfer the date that the firearm is delivered.
(4) This subdivision shall become inoperative on July 1, 2012.
(d) Where the register is used, the following shall apply:
(1) Dealers shall use ink to complete each document.
(2) The dealer or salesperson making a sale shall ensure that all
information is provided legibly. The dealer and salespersons shall be
informed that incomplete or illegible information will delay sales.
(3) Each dealer shall be provided instructions regarding the
procedure for completion of the form and routing of the form. Dealers
shall comply with these instructions which shall include the
information set forth in this subdivision.
(4) One firearm transaction shall be reported on each record of
sale document. For purposes of this subdivision, a
"transaction" means a single sale, loan, or transfer of any number of
firearms that are not handguns.
(e) The dealer or salesperson making a sale shall ensure that all
required information has been obtained from the purchaser. The dealer
and all salespersons shall be informed that incomplete information
will delay sales.
(f) Effective January 1, 2003, the The
purchaser's name, date of birth, and driver's license or
identification number shall be obtained electronically from the
magnetic strip on the purchaser's driver's license or identification
and shall not be supplied by any other means except as authorized by
the department. This requirement shall not apply in either of the
following cases:
(1) The purchaser's identification consists of a military
identification card.
(2) Due to technical limitations, the magnetic stripe
strip reader is unable to obtain the required
information from the purchaser's identification. In those
circumstances, the firearms dealer shall obtain a photocopy of the
identification as proof of compliance.
(3) In the event that the dealer has reported to the department
that the dealer's equipment has failed, information pursuant to this
subdivision shall be obtained by an alternative method to be
determined by the department.
(g) No dealer shall provide the information required by this
section to any third party, or use the information for any purpose
other than as is required or authorized by statute or regulation,
without the written consent of the purchaser or transferee. This
subdivision shall not apply to the electronic submission to the
department, through a third party authorized by the department, of
information required by this section and Section 12076.
(h) Any records generated pursuant to this section by a person
licensed pursuant to Section 12071 that are no longer required to be
maintained by that licensee, if destroyed, shall be destroyed
pursuant to Section 1798.81 of the Civil Code.
(g)
(i) As used in this section, the following definitions
shall control:
(1) "Purchaser" means the purchaser or transferee of a firearm or
the person being loaned a firearm.
(2) "Purchase" means the purchase, loan, or transfer of a firearm.
(3) "Sale" means the sale, loan, or transfer of a firearm.
SEC. 2. SEC. 3. Section 12318 of the
Penal Code is amended to read:
12318. (a) Commencing February 1, 2011, the delivery or transfer
of ownership of handgun ammunition in this state 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, provided, however, that handgun ammunition may be
purchased over the Internet or through other means of remote ordering
if a handgun ammunition vendor in California initially receives the
ammunition and processes the transfer in compliance with this section
and Section 12061. 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.
(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 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 who
have current certificates of eligibility issued to them by the
Department of Justice pursuant to Section 12071.
(6) A handgun ammunition vendor.
(7) A consultant-evaluator, as defined in subdivision (s) of
Section 12001.
SEC. 3. SEC. 4. Section 12323 of the
Penal Code is amended to read:
12323. As used in this chapter, the following definitions shall
apply:
(a) "Handgun ammunition," which does not include blanks and
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, meansany variety of ammunition in the following calibers,
notwithstanding that the ammunition may also be used in some rifles:
(1) .22 rimfire .
(2) .25.
(3) .32.
(4) .38.
(5) .9mm.
(6) .10mm.
(7) .40.
(8) .41.
(9) .44.
(10) .45.
(11) 5.7x28mm.
(12) .223.
(13)
(12) .357.
(14)
(13) .454.
(15)
(14) 5.56x45mm.
(16) 7.62x39.
(17)
(15) 7.63mm.
(18)
(16) 7.65mm.
(19) .50.
(b) "Handgun ammunition designed primarily to penetrate metal or
armor" means any ammunition, except a shotgun shell or ammunition
primarily designed for use in rifles, that is designed primarily to
penetrate a body vest or body shield, and has either of the following
characteristics:
(1) Has projectile or projectile core constructed entirely,
excluding the presence of traces of other substances, from one or a
combination of tungsten alloys, steel, iron, brass, beryllium copper,
or depleted uranium, or any equivalent material of similar density
or hardness.
(2) Is primarily manufactured or designed, by virtue of its shape,
cross-sectional density, or any coating applied thereto, including,
but not limited to, ammunition commonly known as "KTW ammunition," to
breach or penetrate a body vest or body shield when fired from a
pistol, revolver, or other firearm capable of being concealed upon
the person.
(c) "Body vest or shield" means any bullet-resistant material
intended to provide ballistic and trauma protection for the wearer or
holder.
(d) "Rifle" shall have the same meaning as defined in paragraph
(20) of subdivision (c) of Section 12020.
SEC. 5. Section 2.5 of this bill incorporates
amendments to Section 12077 of the Penal Code proposed by both this
bill and AB 1810. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2011, (2)
each bill amends Section 12077 of the Penal Code, and (3) this bill
is enacted after AB 1810, in which ca se Section 2 of this
bill shall not become operative.
SEC. 4. SEC. 6. 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.