AB 48, as amended, 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
begin delete readily restorable, as defined,end delete disassembled large-capacity magazine begin delete,end delete 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
(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.
would require anyone in the state, prior to selling or otherwise transferring ownership of any ammunition to an individual or business entity in this state or any other state to
begin delete possess a license to sell ammunition or a license to sell firearms, as provided,end delete
to require proper identification, as prescribed, and to report the sales to the Department of Justice. An individual who begin delete fails to make the required report or who knowingly makes a report with false or fictitious informationend delete would be guilty of a crime, and the ammunition begin delete dealerend delete would be subject to an administrative enforcement action by the department begin delete as specifiedend delete. This bill would exempt an individual in the state who sells, transfers, or furnishes ammunition to certain specified law enforcement individuals from those identification and reporting requirements. 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 3,000 rounds within a 5-day period.
The bill would allow a person to request a license
begin delete to sell ammunitionend delete from the Department of Justice, would require the department to conduct a background check to determine if the applicant is prohibited by state or federal law from possessing a firearm, and would require the department to issue a license to begin delete sellend delete ammunition to an applicant if the applicant is not prohibited. The bill would require the department to adopt regulations to recover the costs of administering the program by imposing a fee on applicants.
The bill would require the department to create the California Ammunition Database, and would require the department to cross-reference specified information about ammunition purchasers provided by licensed ammunition
begin delete dealersend delete with the Prohibited Armed Persons File. If the begin delete dealerend delete failed to report that information, the bill would
authorize an administrative enforcement action against the begin delete dealerend delete by the department. The bill would make these provisions and the above reporting requirements regarding the sale of ammunition operative upon the creation of the California Ammunition Database by the department. The bill would require the department to adopt regulations and to recover costs of administering the program by imposing a fee on ammunition dealers.
(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 read:
(a) As used in this part, “large-capacity magazine”
7means any ammunition feeding device with the capacity to accept
8more than 10 rounds, including, but not limited to,
begin delete a readily disassembled large-capacity magazine
11 and an oversize magazine body that appears to hold in excess of
begin delete rounds.end delete A magazine body
14is not a large-capacity magazine if it is only of sufficient size to
begin delete no more thanend delete 10 rounds of ammunition
16and the internal working parts of the magazine, including the
17follower and spring.
18(b) As used in this
begin delete sectionend delete, “readily restorable” begin delete meansend delete
19 magazine parts under the custody
22and control of an individual or individuals that can be assembled
23into a complete magazine.
Section 16740.5 is added to the Penal Code, to read:
As used in this part, a “large-capacity magazine” shall
27not be construed to include any of the following:
28(a) A .22 caliber tube ammunition feeding device.
29(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 16150, 16740,
begin delete 30305,end delete or 30515,
34“magazine” means any ammunition feeding device, including
begin delete readily restorableend delete disassembled begin delete magazines.end delete For
37purposes of this section, “readily restorable” means
begin delete magazineend delete parts under
P5 1the custody and control of an individual or individuals that can be
begin delete into a completeend delete magazine.
Section 30301 is added to the Penal Code, to read:
(a) Anyone in this state, prior to selling, transferring,
6or otherwise furnishing ammunition to an individual or business
7entity in this state or any other state, shall do all of the following:
8(1) Possess a license to sell ammunition, as described in Section
930302, or a license to sell firearms pursuant to Article 1
10(commencing with Section 26700) and Article 2 (commencing
11with Section 26800) of Chapter 2.
13(2) Require proper identification from the purchaser in the form
14of a driver’s license or other photographic identification issued by
15a state or the federal government.
16(3) Submit a report to the Department of Justice for all of the
17transactions, in a manner to be determined by the department.
18(b) The Department of Justice shall alert local law enforcement
19entities in the
begin delete communityend delete in which
20the purchaser resides if the purchaser obtains more than 3,000
21rounds within a five-day period and the purchaser is
begin delete an individual .
22and not an authorized firearms dealerend delete
23The department is not required to alert local law enforcement of
24sales of ammunition made to peace officers.
begin deleteAny individual who does not submit the report required
26by paragraph (3) of subdivision (a), or who knowingly submits a
27report with false or fictitious information, end delete
28shall be punished by imprisonment in a county jail not exceeding
29six months, by a fine not exceeding five thousand dollars ($5,000),
30or by both the fine and imprisonment, and the
begin delete dealerend delete is subject to an administrative enforcement action by the
begin delete revoke or suspend the dealer’s license to sell .
35(2) Any individual who has previously been convicted of a
36violation of paragraph (1) shall, upon a subsequent conviction
37thereof, be punished by imprisonment pursuant to subdivision (h)
38of Section 1170 of the Penal Code, or by imprisonment in a county
39jail not exceeding one year, by a fine not exceeding one hundred
40thousand dollars ($100,000), or by both the fine and imprisonment.
P6 1(d) Subdivisions (a), (b), and (c) do not apply to or affect the
2sale, delivery, or transfer of ammunition to any of the following:
3(1) An authorized law enforcement representative of a city,
4county, city and county, or state or federal government, if the sale,
5delivery, or transfer is for the exclusive use by that government
6agency and, prior to the sale, delivery, or transfer of the
7ammunition, written authorization from the head of the agency
8employing the purchaser or transferee is obtained identifying the
9employee as an individual authorized to conduct the transaction,
10and authorizing the transaction for the exclusive use of the agency
11employing the individual.
12(2) A sworn peace officer, as defined in Chapter 4.5
13(commencing with Section 830) of Title 3 of Part 2 who is
14authorized to carry a firearm in the course and scope of his or her
Section 30302 is added to the Penal Code, to read:
(a) A person may request
begin delete an ammunitionend delete license
19from the Department of Justice.
20(b) The Department of Justice shall examine its records
begin delete and in order to determine if the applicant
21records available to the department in the National Instant Criminal
22Background Check Systemend delete
23is prohibited by state or federal law from possessing, receiving,
24owning, or purchasing a firearm.
25(c) The department shall issue a license to
begin delete sell ammunitionend delete to an applicant if the department’s records
27indicate that the applicant is not a person who is prohibited by
28state or federal law from possessing firearms.
31(d) The department shall adopt regulations to administer this
32program and shall recover the reasonable costs of administering
33and enforcing this program, by imposing fees assessed to applicants
34who apply for those licenses.
35(e) All funds collected shall be deposited in the Ammunition
begin delete Dealer Licenseend delete Fund, which is hereby created.
Section 30303 is added to the Penal Code, to read:
(a) The Department of Justice shall create the California
begin delete dealersend delete shall collect each ammunition
32purchaser’s name, date of birth, address, and the number of rounds
33of ammunition to be sold, transferred, or furnished, and report that
34information electronically to the Department of Justice. An
begin delete dealerend delete who fails to report that information
36electronically to the department is subject to an administrative
37enforcement action by the department to revoke or suspend the
begin delete dealer’send delete license to sell ammunition.
39(c) Upon receipt of the information described in subdivision
begin delete (a)end delete
40, the Department of Justice shall immediately cross-reference
P8 1the purchaser’s information with the Prohibited Armed Persons
2File. If a purchaser’s name appears in the Prohibited Armed
3Persons File, the Department of Justice shall forward that
4individual’s information to local law enforcement through a secure
begin delete mail boxend delete.
6(d) The department shall record the information in subdivision
7(a) in the database for every purchaser and make the information
8readily available to ammunition dealers in an electronic format.
9The department shall also make the information in the database
10accessible to state and local law enforcement if that access does
11not increase the cost of the database.
12(e) Prior to each sale or transfer of ammunition, an ammunition
13dealer shall, in a manner determined by the department, check the
14ammunition purchaser’s information against the California
37 16(f)end delete
17 This section and the reporting requirement in Section 30301
18shall not become effective until the Department of Justice creates
19the California Ammunition Database, which shall occur on or
20before January 1, 2016.
22 The department shall adopt regulations to administer this
23program, and shall recover the reasonable costs of administering
24and enforcing this program by imposing fees assessed to
begin delete dealersend delete based upon the number of rounds of
26ammunition sold or transferred to the ammunition purchaser.
28 For purposes of
this section, an “ammunition purchaser”
29includes any individual
begin delete or business entityend delete who receives
30ammunition, whether by sale or transfer, or is otherwise furnished
31with ammunition. An ammunition purchaser does not include any
32individual or entity described in subdivision (d) of Section 30301.
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, commencing January 1,
402000, any person in this state who manufactures or causes to be
P9 1manufactured, imports into the state, keeps for sale, or offers or
2exposes for sale, or who gives,
begin delete orend delete lends, any
3large-capacity magazine is punishable by imprisonment in a county
4jail not exceeding one year or imprisonment pursuant to subdivision
5(h) of Section 1170.
Section 32311 is added to the Penal Code, to read:
Except as provided in Article 2 (commencing with
14Section 32400) of this chapter and in Chapter 1 (commencing with
15Section 17700) of Division 2 of Title 2, commencing January 1,
162014, any person in this state who knowingly manufactures or
17causes to be manufactured, imports into the state, keeps for sale,
18or offers or exposes for sale, or who
begin delete gives or lendsend delete any device begin delete that isend delete
22 capable of converting an ammunition feeding device into a
23large-capacity magazine is punishable by a fine of not more than
24one thousand dollars ($1,000) or imprisonment in a county jail not
25to exceed six months, or by both that fine and imprisonment.
Section 32390 of the Penal Code is amended to read:
(a) Except as provided in Article 2 (commencing with
29Section 32400) of this chapter and in Chapter 1 (commencing with
30Section 17700) of Division 2 of Title 2, and in subdivision (b),
31any large-capacity magazine is a nuisance and is subject to Section
33(b) Subdivision (a) does not apply to the possession of a readily
34restorable disassembled large-capacity magazine or an oversize
35magazine body that has been permanently altered so that the
36magazine cannot accommodate more than 10 rounds by a person
37who lawfully possessed the magazine prior to January 1, 2014.
No reimbursement is required by this act pursuant to
40Section 6 of Article XIII B of the California Constitution because
P10 1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California