BILL NUMBER: SB 427 ENROLLED
BILL TEXT
PASSED THE SENATE SEPTEMBER 8, 2011
PASSED THE ASSEMBLY SEPTEMBER 7, 2011
AMENDED IN ASSEMBLY AUGUST 31, 2011
AMENDED IN ASSEMBLY JULY 7, 2011
AMENDED IN ASSEMBLY JUNE 15, 2011
AMENDED IN SENATE MAY 24, 2011
AMENDED IN SENATE APRIL 28, 2011
AMENDED IN SENATE APRIL 13, 2011
INTRODUCED BY Senator De León
FEBRUARY 16, 2011
An act to amend Section 3479 of the Civil Code, and to amend
Sections 16650, 30312, 30352, 30355, 30357, 30362, and 30365 of the
Penal Code, relating to ammunition and firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 427, De León. Ammunition and firearms.
(1) Existing law authorizes issuance of an injunction prohibiting
specified criminal gang activity for purposes of abating a nuisance.
This bill would require the court issuing an injunction against
gang activity, as specified, to state on the record whether any or
all of the defendants are enjoined from possessing a firearm as a
term of the injunction.
(2) 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 delete the phrase "principally" from that
definition and recast the definition of handgun ammunition to mean
ammunition capable of being used in pistols, revolvers, and other
firearms, capable of being concealed upon the person, notwithstanding
that the ammunition may also be used in some rifles. Further, the
bill would define "handgun ammunition" for the purposes of delivery
or transfer of handgun ammunition and for the purposes of specified
provisions related to handgun ammunition vendors as any variety of
ammunition of a specified caliber, notwithstanding that the
ammunition may also be used by some rifles.
(3) Existing law prohibits a vendor from selling or otherwise
transferring 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 that 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, 2012, except for investigatory and enforcement purposes
described above, no ammunition vendor shall provide the information
described above to any 3rd party without the written consent of the
purchaser or transferee and would require the records to be
maintained in a manner that protects the privacy of the purchaser or
transferee who is the subject of the record. The bill would also
permit records containing that information to be copied for
investigatory or enforcement purposes by any person authorized to
inspect those records, as specified. The bill would provide that
anyone who uses, copies, or discloses any of the information for any
purpose that is unauthorized by these provisions is guilty of a
misdemeanor. Any required ammunition records that are no longer
required to be maintained would 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.
By creating new crimes, and 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,
2012, 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.
(4) Existing law provides that 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.
(5) Existing law provides that a handgun ammunition vendor shall
not permit any employee who the vendor knows or reasonably should
know is a person prohibited from possessing firearms, as specified,
to handle, sell, or deliver handgun ammunition in the course and
scope of employment. Existing law also provides that a handgun
ammunition 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
an employee of the vendor. Existing law, operative January 1, 2012,
provides that specified records of handgun ammunition transfers
created by handgun ammunition vendors shall be subject to inspection
by a peace officer district attorney or by an employee of the
Department of Justice, as specified.
This bill would make a violation of these provisions a
misdemeanor.
By creating new crimes, this bill would impose a state-mandated
local program.
(6) 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. Section 3479 of the Civil Code is amended to read:
3479. (a) Anything which is injurious to health, including, but
not limited to, the illegal sale of controlled substances, or is
indecent or offensive to the senses, or an obstruction to the free
use of property, so as to interfere with the comfortable enjoyment of
life or property, or unlawfully obstructs the free passage or use,
in the customary manner, of any navigable lake, or river, bay,
stream, canal, or basin, or any public park, square, street, or
highway, is a nuisance.
(b) In every case in which a court orders an injunction pursuant
to this section to abate a nuisance related to gang activity, the
court shall state on the record whether any or all defendants shall
be enjoined from possessing a firearm as a term of the injunction.
SEC. 2. Section 16650 of the Penal Code is amended to read:
16650. (a) As used in this part, "handgun ammunition" means
ammunition capable of being used in pistols, revolvers, and other
firearms capable of being concealed upon the person, notwithstanding
that the ammunition may also be used in some rifles.
(b) Notwithstanding subdivision (a), for purposes of Section 30312
and Article 3 (commencing with Section 30345) of Chapter 1 of
Division 10 of Title 4, "handgun ammunition," means any variety of
ammunition in the following calibers, notwithstanding that the
ammunition may also be used in some rifles:
(1) .22 rimfire, .22 Long Rifle also known as .22 LR.
(2) .25, .25 Automatic Colt Pistol also known as .25 ACP, .25
Auto, .25 Automatic.
(3) .32, .32 Automatic Colt also known as .32 ACP, .32 Automatic,
.32 Auto.
(4) .357, .357 Magnum also known as .357 S&W Magnum.
(5) .38, .38 Special also known as .38 Special +P, .38-44 High
Velocity, .38 Smith & Wesson Special, .380 Automatic Colt Pistol also
known as .380 ACP, .380 Auto.
(6) .40, .40 Smith & Wesson also known as .40 S&W.
(7) .44, .44 Remington Magnum also known as .44 Magnum, .44 Smith
& Wesson Special also known as .44 Special, .44 S&W Special.
(8) .45, .45 Automatic Colt Pistol also known as .45 ACP, .45
Auto, .45 Automatic.
(9) 5.7x28mm.
(10) 6.35mm.
(11) 7.65mm, 7.65mm Browning.
(12) 9mm, 9mm Luger also known as 9mm Parabellum, 9mm Para, 9mm
Kurz, 9mm Browning short, 9x17mm, 9mmx19, 9x19mm.
(13) 10mm, 10mm Automatic also known as 10mm Auto, Bren Ten.
(c) If a cartridge is named or listed in subdivision (b), any
variation of that cartridge type is included for purposes of
subdivision (b), including variations in bullet weight, bullet type,
and notations regarding powder such as "+P." If the cartridge is
listed in subdivision (b), a cartridge that is depicted in writing,
such as on the box of ammunition, with a decimal or without a
decimal, the cartridge is listed for purposes of subdivision (b).
(d) As used in Section 30312 and in Article 3 (commencing with
Section 30345) of Chapter 1 of Division 10 of Title 4, "handgun
ammunition" does not include either of the following:
(1) Except for .22 rimfire and .22 Long Rifle also known as .22
LR, 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.
(2) Blanks.
SEC. 3. Section 30312 of the Penal Code is amended to read:
30312. (a) 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, 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 Article 3 (commencing
with Section 30345) of Chapter 1 of Division 10 of Title 4 of Part 6.
(b) Subdivision (a) shall not apply to or affect the sale,
delivery, or transfer of handgun ammunition to any of the following:
(1) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale,
delivery, or transfer is for exclusive use by that government agency
and, prior to the sale, delivery, or transfer 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) 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 the officer's duties.
(3) An importer or manufacturer of handgun ammunition or firearms
who is 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) A person who is on the centralized list maintained by the
Department of Justice pursuant to Article 6 (commencing with Section
28450) of Chapter 6 of Division 6 of this title.
(5) A person whose licensed premises are outside this state and
who is licensed as a dealer or collector 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) A person who is licensed as a collector 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, and who has a current
certificate of eligibility issued by the Department of Justice
pursuant to Section 26710.
(7) A handgun ammunition vendor.
(8) A consultant-evaluator.
(c) A violation of this section is a misdemeanor.
SEC. 4. Section 30352 of the Penal Code is amended to read:
30352. (a) 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:
(1) The date of the sale or other transaction.
(2) The purchaser's or transferee's driver's license or other
identification number and the state in which it was issued.
(3) The brand, type, and amount of ammunition sold or otherwise
transferred.
(4) The purchaser's or transferee's signature.
(5) The name of the salesperson who processed the sale or other
transaction.
(6) The right thumbprint of the purchaser or transferee on the
above form.
(7) The purchaser's or transferee's full residential address and
telephone number.
(8) The purchaser's or transferee's date of birth.
(b) 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 Sections 26700 to 26915,
inclusive.
(2) A handgun ammunition vendor.
(3) A person who is on the centralized list maintained by the
department pursuant to Article 6 (commencing with Section 28450) of
Chapter 6 of Division 6 of this title.
(4) A target facility that holds a business or regulatory license.
(5) A gunsmith.
(6) A wholesaler.
(7) A manufacturer or importer 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) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale
or other transfer of ownership is for exclusive use by that
government agency, and, prior to the sale, delivery, or transfer of
the 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 that individual is employed.
SEC. 5. Section 30355 of the Penal Code is amended to read:
30355. The records required by this article 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,
2012, except for the purposes set forth in Section 30357, no vendor
shall provide the information specified in subdivision (a) of Section
30352 to any third party without the written consent of the
purchaser or transferee, and all records shall be maintained in a
manner that protects the privacy of the purchaser or transferee who
is the subject of the record. Anyone who uses, copies, or discloses
any of the information contained in the records for any purpose that
is not authorized by this article shall be guilty of a misdemeanor,
punishable by imprisonment in a county jail not to exceed six months,
by a fine not to exceed one thousand dollars ($1,000), or by both
that fine and imprisonment. 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.
SEC. 6. Section 30357 of the Penal Code is amended to read:
30357. (a) The records referred to in Section 30352 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 that the officer is conducting an investigation
where access to those records is or may be relevant, is seeking
information about persons prohibited from owning a firearm or
ammunition, or is engaged in ensuring compliance with the Dangerous
Weapons Control Law, as defined in Section 23500, or any other laws
pertaining to firearms or ammunition.
(b) The records referred to in Section 30352 shall also be subject
to inspection at any time during normal business hours by any other
employee of the department, provided that the employee is conducting
an investigation where access to those records is or may be relevant,
is seeking information about persons prohibited from owning a
firearm or ammunition, or is engaged in ensuring compliance with the
Dangerous Weapons Control Law, as defined in Section 23500, 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 section.
SEC. 7. Section 30362 of the Penal Code is amended to read:
30362. (a) No vendor shall, during any inspection conducted
pursuant to this article, refuse to permit a person authorized under
Section 30357 to examine any record prepared in accordance with this
article.
(b) No vendor shall refuse to permit the use of any record or
information by a person authorized under Section 30357.
(c) Commencing February 1, 2012, 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.
SEC. 8. Section 30365 of the Penal Code is amended to read:
30365. (a) A violation of Section 30347, 30350, 30352, 30355,
30357, 30360, or 30362 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 different
provisions of law shall not be punished under more than one
provision.
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.