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 16740 of the Penal Code is amended to
As used in this part, “large-capacity magazine”
4means any ammunition feeding device with the capacity to accept
5more than 10 rounds, but
begin delete shallend delete not begin delete be construedend delete
begin delete include any of the following:end delete
13(a) A feeding device that has been permanently altered so that
14it cannot accommodate more than 10 rounds.
15(b) A .22 caliber tube ammunition feeding device.
16(c) A tubular magazine that is contained in a lever-action
Section 16740.5 is added to the Penal Code, to read:
As used in this part, a “large-capacity magazine” shall
23not be construed to include any of the following:
24(a) A .22 caliber tube ammunition feeding device.
25(b) A tubular magazine that is contained in a lever-action
Section 16890 of the Penal Code is amended to read:
As used in Section 30515,
29“magazine” means any ammunition feeding device
Section 30301 is added to the Penal Code, to read:
(a) Anyone in this state, prior to selling, transferring,
36or otherwise furnishing ammunition to an individual or business
37entity in this state or any other state, shall do all of the following:
P4 1(1) Require proper identification from the purchaser in the form
2of a driver’s license or other photographic identification issued by
3a state or the federal government.
4(2) Be an authorized firearms dealer, pursuant to Section 26500.
5(3) Submit a report to the Department of Justice for all of the
6transactions, in a manner to be determined by the department.
7(b) The Department of Justice shall alert local law enforcement
8entities in the community in which the purchaser resides if the
9purchaser obtains more than ____ rounds within a five-day period
10and the purchaser is an individual and not an authorized firearms
11dealer. The department is not required to alert local law
12enforcement of sales of ammunition made to peace officers.
13(c) (1) Any individual who does not submit the report required
14by paragraph (3) of subdivision (a), or who knowingly submits a
15report with false or fictitious information, shall be punished by
16imprisonment in a county jail not exceeding six months, by a fine
17not exceeding five thousand dollars ($5,000), or by both the fine
19(2) Any individual who has previously been convicted of a
20violation of paragraph (1) shall, upon a subsequent conviction
21thereof, be punished by imprisonment pursuant to subdivision (h)
22of Section 1170 of the Penal Code, or by imprisonment in a county
23jail not exceeding one year, by a fine not exceeding one hundred
24thousand dollars ($100,000), or by both the fine and imprisonment.
Section 32311 is added to the Penal Code, to read:
Except as provided in Article 2 (commencing with
27Section 32400) of this chapter and in Chapter 1 (commencing with
28Section 17700) of Division 2 of Title 2, commencing January 1,
292014, any person in this state who knowingly manufactures or
30causes to be manufactured, imports into the state, keeps for sale,
31or offers or exposes for sale, or who gives or lends any device that
32is capable of converting an ammunition feeding device into a
33large-capacity magazine is punishable by a fine of not more than
34one thousand dollars ($1,000) or imprisonment in a county jail not
35to exceed six months, or by both that fine and imprisonment.
Section 32390 of the Penal Code is amended to read:
Except as provided in Article 2 (commencing with
38Section 32400) of this chapter and in Chapter 1 (commencing with
39Section 17700) of Division 2 of Title 2,
P5 1 any large-capacity magazine is a nuisance and is subject to Section
No reimbursement is required by this act pursuant to
9Section 6 of Article XIII B of the California Constitution because
10the only costs that may be incurred by a local agency or school
11district will be incurred because this act creates a new crime or
12infraction, eliminates a crime or infraction, or changes the penalty
13for a crime or infraction, within the meaning of Section 17556 of
14the Government Code, or changes the definition of a crime within
15the meaning of Section 6 of Article XIII B of the California