BILL NUMBER: AB 48 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MAY 7, 2013
AMENDED IN ASSEMBLY APRIL 4, 2013
AMENDED IN ASSEMBLY FEBRUARY 4, 2013
INTRODUCED BY Assembly Member Skinner
(Coauthors: Assembly Members Alejo, Ammiano,
Bloom, Bonta, Ting, and Williams)
(Coauthors: Senators De León and Hancock)
DECEMBER 20, 2012
An act to amend Sections 16740, 16890, 32310, and 32390
of, and to add Sections 16151, 16740.5, 30301, 30302,
30302.5, 30303, 30304, 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 readily restorable, as defined,
disassembled large-capacity magazine , that
is readily restorable, as defined, to accommodate more than 10 rounds
of ammunition, and an oversize magazine body that appears to
hold in excess of 10 rounds but has not been permanently altered
to only accommodate 10 rounds of ammunition or less . 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 the Department of Justice to keep a
centralized list of licensed ammunition vendors who meet certain
specified requirements. The bill 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 possess a license to sell
ammunition or a license to sell firearms, as provided,
be an ammunition vendor, defined as a person who is
currently on the centralized list of ammunition vendors, to
require proper identification, as prescribed, 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 violates these provisions
would be guilty of a crime, and the ammunition dealer
vendor would be subject to an administrative
enforcement action by the department as specified
to remove the vendor from the centralized list of ammunition
vendors . 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 to
sell ammunition from the Department of Justice to be
an ammunition vendor , 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 sell be an
ammunition vendor 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 dealers
vendors with the Prohibited Armed Persons File. If the
dealer ammunition vendor failed to report that
information, the bill would authorize an administrative enforcement
action against the dealer vendor 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 1. Section 16151 is added to the
Penal Code , to read:
16151. "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.
SECTION 1. SEC. 2. 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, a readily
restorable a disassembled large-capacity
magazine that is readily restorable to accommodate more than 10
rounds of ammunition, and an oversize magazine body that
appears to hold in excess of 10 rounds. rounds
but has not been permanently altered to only accommodate 10 rounds
of ammunition or less. A magazine body is not a large-capacity
magazine if it is only of sufficient size to accommodate no
more than 10 or fewer rounds of ammunition and
the internal working parts of the magazine, including the follower
and spring.
(b) As used in this section part ,
"readily restorable" means includes all of
the magazine parts of a fully functioning large-capacity
magazine, including, but not limited to, the body, spring, follower,
and floor plate or end plate, under the custody and control of
an individual or individuals that can be assembled into a complete
magazine.
SEC. 2. SEC. 3. 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. SEC. 4. 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 a disassembled
magazines. magazine that is readily
restorable to be an ammunition feeding device. For purposes of
this section, "readily restorable" means magazine
all of the parts of a large -capacity
magazine, including, but not limited to, the body, spring, follower,
and floor plate or end plate, under the custody and control of
an individual or individuals that can be assembled into a
complete as a fully functioning magazine.
SEC. 4. SEC. 5. 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) 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.
(1) Be an ammunition vendor as defined in Section 16151.
(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 community city, county, or
city and county in which the purchaser resides if
the purchaser obtains more than 3,000 rounds within a five-day period
and the purchaser is an individual and not an authorized
firearms dealer not an ammunition vendor . 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,
A violation of this section 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 dealer ammunition
vendor is subject to an administrative enforcement action by
the department to revoke or suspend the dealer's license to
sell ammunition remove the ammunition vendor from the
centralized list of ammunition vendors .
(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.
SEC. 5. SEC. 6. Section 30302 is
added to the Penal Code, to read:
30302. (a) A person may request an ammunition
a license from the Department of Justice to be an
ammunition vendor .
(b) The Department of Justice shall examine its records
and records available to the department in the National Instant
Criminal Background Check System 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 sell
ammunition be an ammunition vendor 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 and the applicant complies with the
requirements of subdivision (b) of Section 30302.5 .
(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
Dealer License Vendor Fund, which is
hereby created.
SEC. 7. Section 30302.5 is added to the
Penal Code , to read:
30302.5. (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.
SEC. 6. SEC. 8. Section 30303 is
added to the Penal Code, to read:
30303. (a) The Department of Justice shall create the California
Ammunition Database.
(b) Ammunition dealers vendors 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 dealer
vendor 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 dealer's
vendor's license to sell ammunition.
(c) Upon receipt of the information described in subdivision
(a) (b) , 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 mail box means .
(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)
(d) 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.
(g)
(e) 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 dealers vendors based upon
the number of rounds of ammunition sold or transferred to the
ammunition purchaser.
(h)
( f) For purposes of this section, an
"ammunition purchaser" includes any individual or business
entity 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.
SEC. 9. Section 30304 is added to the
Penal Code , to read:
30304. For purposes of Sections 30301, 30302, 30302.5, and 30303,
"ammunition" does not include blanks.
SEC. 10. Section 32310 of the Penal
Code is amended to read:
32310. (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, 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, or lends,
buys, or receives 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.
(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.
SEC. 7. SEC. 11. 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
gives, lends, buys, or receives any device that is
or combination of the parts of a fully
functioning large -capacity magazine, including, but not
limited to, the body, spring, follower, and floor plate or end plate,
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. 8. SE C. 12. 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. 9. SEC. 13. 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.