Amended in Assembly May 7, 2013

Amended in Assembly April 4, 2013

Amended in Assembly February 4, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 48

Introduced by Assembly Member Skinner

(Coauthors: Assembly Members begin insert Alejo, end insert Ammiano, begin insert Bloom, end insert Bonta, begin insert Ting, end insert and Williams)

(Coauthors: Senators De León and Hancock)

December 20, 2012

An act to amend Sections 16740, 16890, begin insert 32310, end insert and 32390 of, and to add Sections begin insert 16151, end insert 16740.5, 30301, 30302, begin insert 30302.5, end insert 30303, begin insert 30304, end insert and 32311 to, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

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 begin insert that is readily restorable, as defined, to accommodate more than 10 rounds of ammunition, end insert and an oversize magazine body that appears to hold in excess of 10 rounds begin insert but has not been permanently altered to only accommodate 10 rounds of ammunition or less end insert . 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 begin insert require the Department of Justice to keep a centralized list of licensed ammunition vendors who meet certain specified requirements. The bill would end insert 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 begin insert , end insert to begin delete possess a license to sell ammunition or a license to sell firearms, as provided, end delete begin insert be an ammunition vendor, defined as a person who end insert begin insert is currently on the centralized list of ammunition vendors, end insert 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 information end delete begin insert violates these provisions end insert would be guilty of a crime, and the ammunition begin delete dealer end delete begin insert vendor end insert would be subject to an administrative enforcement action by the department begin delete as specified end delete begin insert to remove the vendor from the centralized list of ammunition vendors end insert . 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 ammunition end delete from the Department of Justice begin insert to be an ammunition vendor end insert , 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 sell end delete begin insert be an end insert ammunition begin insert vendor end insert 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 dealers end delete begin insert vendors end insert with the Prohibited Armed Persons File. If the begin delete dealer end delete begin insert ammunition vendor end insert failed to report that information, the bill would authorize an administrative enforcement action against the begin delete dealer end delete begin insert vendor end insert 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:

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 16151 is added to the end insert begin insert Penal Code end insert begin insert , to
read: end insert

begin insert

begin insert 16151. end insert   

“Ammunition vendor” means any person who is
currently recorded on the centralized list of ammunition vendors
compiled by the Department of Justice pursuant to Section 30302.5.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

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 not limited to, begin delete a readily
restorable end delete begin insert a end insert disassembled large-capacity magazine begin insert that is readily
restorable to accommodate more than 10 rounds of ammunition, end insert
and an oversize magazine body that appears to hold in excess of
10 begin delete rounds. end delete begin insert rounds but has not been permanently altered to only
accommodate 10 rounds of ammunition or less. end insert A magazine body
is not a large-capacity magazine if it is only of sufficient size to
accommodate begin delete no more than end delete 10 begin insert or fewer end insert rounds of ammunition
and the internal working parts of the magazine, including the
follower and spring.

(b) As used in this begin delete section end delete begin insert part end insert , “readily restorable” begin delete means end delete
begin insert includes all of the end insert magazine parts begin insert of a fully functioning
large-capacity magazine, including, but not limited to, the body,
spring, follower, and floor plate or end plate, end insert under the custody
and control of an individual or individuals that can be assembled
into a complete magazine.

begin delete SEC. 2. end delete
begin insert SEC. 3. end insert   

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.

begin delete SEC. 3. end delete
begin insert SEC. 4. end insert   

Section 16890 of the Penal Code is amended to read:

16890.  

As used in Section 16150, 16740, begin delete 30305, end delete or 30515,
“magazine” means any ammunition feeding device, including
begin delete readily restorable end delete begin insert a end insert disassembled begin delete magazines. end delete begin insert magazine that is
readily restorable to be an ammunition feeding device. end insert For
purposes of this section, “readily restorable” means begin delete magazine end delete begin insert all
of the end insert parts begin insert of a large end insert begin insert -capacity magazine, including, but not limited
to, the body, spring, follower, and floor plate or end plate, end insert under
the custody and control of an individual or individuals that can be
assembled begin delete into a complete end delete begin insert as a fully functioning end insert magazine.

begin delete SEC. 4. end delete
begin insert SEC. 5. end insert   

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:

begin delete

(1) Possess a license to sell ammunition, as described in Section
30302, or a license to sell firearms pursuant to Article 1
(commencing with Section 26700) and Article 2 (commencing
with Section 26800) of Chapter 2.

end delete begin insert

(1) Be an ammunition vendor as defined in Section 16151.

end insert

(2) 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.

(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 begin delete community end delete begin insert city, county, or city and county end insert in which
the purchaser resides if the purchaser obtains more than 3,000
rounds within a five-day period and the purchaser is begin delete an individual
and not an authorized firearms dealer end delete begin insert not an ammunition vendor end insert .
The department is not required to alert local law enforcement of
sales of ammunition made to peace officers.

(c) (1)  begin delete 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, end delete begin insert A violation of this section end insert
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, and the begin delete dealer end delete begin insert ammunition
vendor end insert is subject to an administrative enforcement action by the
department to begin delete revoke or suspend the dealer’s license to sell
ammunition end delete begin insert remove the ammunition vendor from the centralized
list of ammunition vendors end insert .

(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.

(d) Subdivisions (a), (b), and (c) do not apply to or affect the
sale, delivery, or transfer of 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 the exclusive use by that government
agency and, prior to the sale, delivery, or transfer of the
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 his or her
duties.

begin delete SEC. 5. end delete
begin insert SEC. 6. end insert   

Section 30302 is added to the Penal Code, to read:

30302.  

(a) A person may request begin delete an ammunition end delete begin insert a end insert license
from the Department of Justice begin insert to be an ammunition vendor end insert .

(b) The Department of Justice shall examine its records begin delete and
records available to the department in the National Instant Criminal
Background Check System end delete in order to determine if the applicant
is prohibited by state or federal law from possessing, receiving,
owning, or purchasing a firearm.

(c) The department shall issue a license to begin delete sell ammunition end delete begin insert be
an ammunition vendor end insert to an applicant if the department’s records
indicate that the applicant is not a person who is prohibited by
state or federal law from possessing firearms begin insert and the applicant
complies with the requirements of subdivision (b) of Section
30302.5 end insert .

(d) The department shall adopt regulations to administer this
program and shall recover the reasonable costs of administering
and enforcing this program, by imposing fees assessed to applicants
who apply for those licenses.

(e) All funds collected shall be deposited in the Ammunition
begin delete Dealer License end delete begin insert Vendor end insert Fund, which is hereby created.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 30302.5 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 30302.5. end insert   

(a) Except as otherwise provided in subdivisions (c),
(d), and (e), the Department of Justice shall keep a centralized list
of ammunition vendors licensed pursuant to Section 30302.

(b) In order to be listed as an ammunition vendor on the
centralized list of ammunition vendors, a person shall satisfy all
of the following requirements:

(1) Meet at least one of the following criteria:

(A) Be recorded on the centralized list of licensed firearms
dealers specified in Section 26715.

(B) Be recorded on the centralized list of licensed firearms
manufacturers specified in Section 29060.

(C) Have a certificate of eligibility issued by the Department
of Justice pursuant to Section 26710.

(2) Have any regulatory or business license, or licenses,
required by local government.

(3) Have a valid seller’s permit issued by the State Board of
Equalization.

(4) Have payed the annual fee established by the department
pursuant to subdivision (d) of Section 30302.

(c) The department may remove from the centralized list any
person who knowingly or with gross negligence violates a provision
of Section 30301.

(d) The department shall remove from the centralized list any
person who does not satisfy the requirements of subdivision (b).

(e) Upon removal of a vendor from the list, notification shall
be provided to local law enforcement and licensing authorities in
the jurisdiction where the vendor’s business is located.

(f) Information compiled from the centralized list shall only be
made available, upon request, for law enforcement purposes.

end insert

begin delete SEC. 6. end delete
begin insert SEC. 8. end insert   

Section 30303 is added to the Penal Code, to read:

30303.  

(a) The Department of Justice shall create the California
Ammunition Database.

(b) Ammunition begin delete dealers end delete begin insert vendors end insert shall collect each ammunition
purchaser’s name, date of birth, address, and the number of rounds
of ammunition to be sold, transferred, or furnished, and report that
information electronically to the Department of Justice. An
ammunition begin delete dealer end delete begin insert vendor end insert who fails to report that information
electronically to the department is subject to an administrative
enforcement action by the department to revoke or suspend the
begin delete dealer’s end delete begin insert vendor’s end insert license to sell ammunition.

(c) Upon receipt of the information described in subdivision begin delete (a) end delete
begin insert (b) end insert , the Department of Justice shall immediately cross-reference
the purchaser’s information with the Prohibited Armed Persons
File. If a purchaser’s name appears in the Prohibited Armed
Persons File, the Department of Justice shall forward that
individual’s information to local law enforcement through a secure
begin delete mail box end delete begin insert means end insert .

begin delete

(d) The department shall record the information in subdivision
(a) in the database for every purchaser and make the information
readily available to ammunition dealers in an electronic format.
The department shall also make the information in the database
accessible to state and local law enforcement if that access does
not increase the cost of the database.

(e) Prior to each sale or transfer of ammunition, an ammunition
dealer shall, in a manner determined by the department, check the
ammunition purchaser’s information against the California
Ammunition Database.

(f)

end delete

begin insert (d) end insert  This section and the reporting requirement in Section 30301
shall not become effective until the Department of Justice creates
the California Ammunition Database, which shall occur on or
before January 1, 2016.

begin delete

(g)

end delete

begin insert (e) end insert  The department shall adopt regulations to administer this
program, and shall recover the reasonable costs of administering
and enforcing this program by imposing fees assessed to
ammunition begin delete dealers end delete begin insert vendors end insert based upon the number of rounds of
ammunition sold or transferred to the ammunition purchaser.

begin delete

(h)

end delete

begin insert ( end insert begin insert f) end insert  For purposes of this section, an “ammunition purchaser”
includes any individual begin delete or business entity end delete who receives
ammunition, whether by sale or transfer, or is otherwise furnished
with ammunition. An ammunition purchaser does not include any
individual or entity described in subdivision (d) of Section 30301.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 30304 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 30304. end insert   

For purposes of Sections 30301, 30302, 30302.5, and
30303, “ammunition” does not include blanks.

end insert

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Section 32310 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

32310.  

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, commencing January 1,
2000, any person in this state who manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, begin delete or end delete lends, begin insert buys, or receives end insert any
large-capacity magazine is punishable by imprisonment in a county
jail not exceeding one year or imprisonment pursuant to subdivision
(h) of Section 1170.

begin insert

(b) For purposes of this section, “manufacturing” includes both
fabricating a magazine and assembling a magazine from a
combination of parts, including, but not limited to, the body, spring,
follower, and floor plate or end plate, to be a fully functioning
large-capacity magazine.

end insert

begin delete SEC. 7. end delete
begin insert SEC. 11. end insert   

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 begin delete gives or lends end delete begin insert gives, lends,
buys, or receives end insert any device begin delete that is end delete begin insert or combination of the parts of
a fully functioning large end insert begin insert -capacity magazine, including, but not
limited to, the body, spring, follower, and floor plate or end plate, end insert
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.

begin delete SEC. 8. end delete
begin insert SEC. 12. end insert   

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.

begin delete SEC. 9. end delete
begin insert SEC. 13. end insert   

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.