California Legislature—2013–14 Regular Session

Assembly Bill No. 48

Introduced by Assembly Member Skinner

(Coauthor: Assembly Member Ammiano)

(Coauthor: Senator De León)

December 20, 2012

An act to amend Sections 16740, 16890, and 32390 of, and to add Sections 16740.5, 30301, and 32311 to, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 48, as introduced, Skinner. Firearms: ammunition: sales.

(1) Except as specified, existing law makes it a crime to manufacture, import, keep for sale, offer or expose for sale, or give or lend any large-capacity magazine, and makes a large-capacity magazine a nuisance. Existing law defines “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds but excludes, in pertinent part, a feeding device that has been permanently altered so that the magazine cannot accommodate more than 10 rounds.

This bill would make it a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment, to knowingly manufacture, import, keep for sale, offer or expose for sale, or give or lend any device that is capable of converting an ammunition feeding device into a large-capacity magazine. The bill would revise the definition of “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds, including a readily restorable, as defined, disassembled large-capacity magazine, and an oversize magazine body that appears to hold in excess of 10 rounds. The bill would make related, conforming changes. By creating a new crime, this bill would impose a state-mandated local program.

(2) Existing law prohibits any person, corporation, or dealer from selling ammunition to a person under 18 years of age, selling ammunition designed for use in a handgun to a person under 21 years of age, or providing possession of any ammunition to any minor who the person, corporation, or dealer knows is prohibited from possessing that ammunition at that time. Existing law prohibits a person, corporation, or firm from giving possession or control of ammunition to any person who he or she knows is prohibited by law from possessing ammunition. Existing law also regulates handgun ammunition vendors and provides that a handgun ammunition vendor shall not permit any employee who the vendor knows or reasonably should know is a person who has been convicted of a felony or other specified crimes to handle, sell, or deliver handgun ammunition in the course and scope of employment.

This bill would require anyone in the state, prior to selling, transferring, or otherwise furnishing ammunition to an individual or business entity in this state or any other state to require proper identification, as prescribed, to be an authorized firearms dealer, and to report the sales to the Department of Justice. An individual who fails to make the required report or who knowingly makes a report with false or fictitious information would be guilty of a misdemeanor, as specified. By creating a new crime, this bill would impose a state-mandated local program.

The bill would require the department to alert local law enforcement entities in the community in which the purchaser resides if an individual purchaser who is not a peace officer obtains more than ____ rounds within a 5-day period.

(3) 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 16740 of the Penal Code is amended to
read:

16740.  

begin insert (a) end insert begin insert   end insert As used in this part, “large-capacity magazine”
means any ammunition feeding device with the capacity to accept
more than 10 rounds, begin insert including, end insert but begin delete shall end delete not begin delete be construed end delete begin insert limited end insert
to begin delete include any of the following: end delete begin insert , a readily restorable disassembled end insert
begin insert large-capacity magazine and an oversize magazine body that end insert
begin insert appears to hold in excess of 10 rounds. A magazine body is not a end insert
begin insert large-capacity magazine if it is only of sufficient size to end insert
begin insert accommodate no more than 10 rounds of ammunition and the end insert
begin insert internal working parts of the magazine, including the follower and end insert
begin insert spring. end insert

begin delete

(a) A feeding device that has been permanently altered so that
it cannot accommodate more than 10 rounds.

(b) A .22 caliber tube ammunition feeding device.

(c) A tubular magazine that is contained in a lever-action
firearm.

end delete begin insert

(b) As used in this section, “readily restorable” means magazine
parts under the custody and control of an individual or individuals
that can be assembled into a complete magazine.

end insert

SEC. 2.  

Section 16740.5 is added to the Penal Code, to read:

16740.5.  

As used in this part, a “large-capacity magazine” shall
not be construed to include any of the following:

(a) A .22 caliber tube ammunition feeding device.

(b) A tubular magazine that is contained in a lever-action
firearm.

SEC. 3.  

Section 16890 of the Penal Code is amended to read:

16890.  

As used in Section begin insert 16150, 16740, 30305, or end insert 30515,
“magazine” means any ammunition feeding device begin insert , including end insert
begin insert readily restorable disassembled magazines. For purposes of this end insert
begin insert section, “readily restorable” means magazine parts under the end insert
begin insert custody and control of an individual or individuals that can be end insert
begin insert assembled into a complete magazine end insert .

SEC. 4.  

Section 30301 is added to the Penal Code, to read:

30301.  

(a) Anyone in this state, prior to selling, transferring,
or otherwise furnishing ammunition to an individual or business
entity in this state or any other state, shall do all of the following:

(1) Require proper identification from the purchaser in the form
of a driver’s license or other photographic identification issued by
a state or the federal government.

(2) Be an authorized firearms dealer, pursuant to Section 26500.

(3) Submit a report to the Department of Justice for all of the
transactions, in a manner to be determined by the department.

(b) The Department of Justice shall alert local law enforcement
entities in the community in which the purchaser resides if the
purchaser obtains more than ____ rounds within a five-day period
and the purchaser is an individual and not an authorized firearms
dealer. The department is not required to alert local law
enforcement of sales of ammunition made to peace officers.

(c) (1) Any individual who does not submit the report required
by paragraph (3) of subdivision (a), or who knowingly submits a
report with false or fictitious information, shall be punished by
imprisonment in a county jail not exceeding six months, by a fine
not exceeding five thousand dollars ($5,000), or by both the fine
and imprisonment.

(2) Any individual who has previously been convicted of a
violation of paragraph (1) shall, upon a subsequent conviction
thereof, be punished by imprisonment pursuant to subdivision (h)
of Section 1170 of the Penal Code, or by imprisonment in a county
jail not exceeding one year, by a fine not exceeding one hundred
thousand dollars ($100,000), or by both the fine and imprisonment.

SEC. 5.  

Section 32311 is added to the Penal Code, to read:

32311.  

Except as provided in Article 2 (commencing with
Section 32400) of this chapter and in Chapter 1 (commencing with
Section 17700) of Division 2 of Title 2, commencing January 1,
2014, any person in this state who knowingly manufactures or
causes to be manufactured, imports into the state, keeps for sale,
or offers or exposes for sale, or who gives or lends any device that
is capable of converting an ammunition feeding device into a
large-capacity magazine is punishable by a fine of not more than
one thousand dollars ($1,000) or imprisonment in a county jail not
to exceed six months, or by both that fine and imprisonment.

SEC. 6.  

Section 32390 of the Penal Code is amended to read:

32390.  

begin insert (a) end insert begin insert   end insert Except as provided in Article 2 (commencing with
Section 32400) of this chapter and in Chapter 1 (commencing with
Section 17700) of Division 2 of Title 2, begin insert and in subdivision (b), end insert
any large-capacity magazine is a nuisance and is subject to Section
18010.

begin insert

(b) Subdivision (a) does not apply to the possession of a readily
restorable disassembled large-capacity magazine or an oversize
magazine body that has been permanently altered so that the
magazine cannot accommodate more than 10 rounds by a person
who lawfully possessed the magazine prior to January 1, 2014.

end insert

SEC. 7.  

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.