BILL NUMBER: AB 48	INTRODUCED
	BILL TEXT


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.   (a)    As used in this part,
"large-capacity magazine" means any ammunition feeding device with
the capacity to accept more than 10 rounds,  including,  but
 shall  not  be construed  
limited  to  include any of the following: 
 ,   a readily restorable disassembled large-capacity
magazine and an oversize magazine body that appears to hold in excess
of 10 rounds. A magazine body is not a large-capacity magazine if it
is only of sufficient size to accommodate no more than 10 rounds of
ammunition and the internal working parts of the magazine, including
the follower and spring.  
   (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.  
   (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. 
  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  16150, 16740, 30305, or 
30515, "magazine" means any ammunition feeding device  ,
including readily restorable disassembled magazines. For purposes of
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  .
  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.   (a)    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,  and in
subdivision (b),  any large-capacity magazine is a nuisance and
is subject to Section 18010. 
   (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. 
  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.