Amended in Senate May 28, 2013

Amended in Senate April 1, 2013

Amended in Senate March 21, 2013

Senate BillNo. 53


Introduced by Senator De León

(Principal coauthor: Senator Yee)

begin insert

(Principal coauthor: Assembly Member Skinner)

end insert

(Coauthors: Senators Leno and Steinberg)

(begin deleteCoauthorsend deletebegin insertCoauthorend insert: Assemblybegin delete Members Skinner andend deletebegin insert Memberend insert Ting)

December 20, 2012


An act to amend Sections 11106, 17315,begin delete 30000, 30005, 30010,end delete 30312, 30345, 30347, 30350, 30352, and 30365 of, to amend the heading of Article 3 (commencing with Section 30345) of Chapter 1 of Division 10 of Title 4 of Part 6 of, to add Sections 16663 and 30348 to, to add Article 4 (commencing with Section 30370) to Chapter 1 of Division 10 of Title 4 of Part 6 of, and to add Article 5 (commencing with Section 30380) to Chapter 1 of Division 10 of Title 4 of Part 6 of, the Penal Code, relating to ammunition.

LEGISLATIVE COUNSEL’S DIGEST

SB 53, as amended, De León. Ammunition: purchase permits.

(1) Existing law requires the Attorney General to maintain records, including among other things, fingerprints, licenses to carry concealed firearms, and information from firearms dealers pertaining to firearms, for purposes of assisting in the investigation of crimes, and specified civil actions.

This bill would require the Attorney General to also maintain copies of ammunition purchase permits, information about ammunition transactions, as specified, and ammunition vendor licenses, as specified, for those purposes.

begin delete

(2) Existing law establishes the Prohibited Armed Persons File, the purpose of which is to cross-reference person who are prohibited from possessing firearms with records of firearm transactions, as specified, to determine if these persons have acquired or attempted to acquire firearms. Under existing law, a person who is prohibited from owning or possessing a firearm is prohibited from owning, possessing, or having under his or her custody or control, any ammunition or reloaded ammunition.

end delete
begin delete

This bill would expand the Prohibited Armed Persons File to address persons prohibited from acquiring ammunition, and would similarly cross-reference those persons with records of ammunition transactions, as specified, to determine if these persons have acquired or attempted to acquire ammunition.

end delete
begin delete

(3)

end delete

begin insert(2)end insert Existing law, subject to exceptions, requires that the delivery or transfer of ownership of handgun ammunition occur only in a face-to-face transactionbegin insert and makes a violation of this requirement a crimeend insert. Existing law provides that the term “vendor” for purposes of ammunition sales is a “handgun ammunition vendor” as defined for those and other purposes.

This bill would extend those provisions to any ammunition. The bill would provide that the term “vendor” for purposes of ammunition sales means “ammunition vendor,” and, commencing July 1,begin delete 2014,end deletebegin insert 2015,end insert who is licensed, as specified, for those and other purposes. The bill would provide that commencing July 1,begin delete 2014,end deletebegin insert 2015,end insert only a licensed ammunition vendor may sell ammunition. The bill wouldbegin insert create an additional exemption from these requirements for specified events conducted by a nonprofit entity, as specified, and wouldend insert make additional conforming changes.

begin delete

(4)

end delete

begin insert(3)end insert Existing law prohibits an ammunition vendor from allowing a person the vendor knows or should know is a person who is prohibited from possessing firearms for specified reasons, from handling, selling, or delivering handgun ammunition in the course and scope of their employment. Existing law prohibits an ammunition vendor from selling or otherwise transferring ownership of, offering for sale or otherwise offering to transfer ownership of, or displaying for sale or displaying for transfer of ownership of, any handgun ammunition in a manner that allows that ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor.

This bill would extend those prohibitions to any ammunition. The bill would provide that a violation of those provisions is a misdemeanor.

By creating a new crime, this bill would impose a state-mandated local program.

begin delete

(5)

end delete

begin insert(4)end insert Existing law subject to exceptions, requires a handgun ammunition vendor to record specified information at the time of delivery of handgun ammunition to a purchaser, as specified.

This bill would extend those provisions to transactions of any ammunition.begin delete The bill would, commencing July 1, 2014, require the vendor to submit specified information about the ammunition transaction to the Department of Justice.end delete The bill would, commencing July 1, 2017, and subject to exceptions, require the purchaser of ammunition tobegin delete hold an ammunition purchase permit, or other specified permit, license, or certificate pertaining to acquisition, possession, or carrying firearms, as provided, or other specified documentation for a person who is not a state resident. The bill would, commencing July 1, 2017, require the vendor to submit to the Department of Justice information demonstrating compliance with that verification requirement, as specified.end deletebegin insert be authorized to purchase ammunition by the Department of Justice, as specified.end insert The bill would, commencing January 1, 2017, authorize issuance of ammunition purchasebegin delete permitsend deletebegin insert authorizationsend insert by the Department of Justice to applicants who are residents of this state, at least 18 years of age, not prohibited from acquiring or possessing ammunition, and who pay the required fees, as specified. The bill would establish an application process andbegin delete specify the information to be displayed on the permit. The bill would provide that the permit authorizes the holder to purchase ammunition from an ammunition vendor.end deletebegin insert establish a centralized list of persons authorized to purchase ammunition.end insert

begin delete

(6)

end delete

begin insert(5)end insert The bill would authorize the Department of Justice to issue ammunition vendor licenses, commencing July 1,begin delete 2014end deletebegin insert 2015end insert. The bill would require an ammunition vendor to be licensed, commencing July 1,begin delete 2014,end deletebegin insert 2015,end insert in order to sellbegin delete or transfer ownership ofend delete ammunition. Violation of these provisions would be a misdemeanor. The bill would create an application processbegin delete and a registry for licensedend deletebegin insert forend insert ammunition vendors, as specified.begin insert The bill would establish the Ammunition Vendors Special Account within the General Fund, into which vendor license fees would be deposited and made available, upon appropriation by the Legislature, to the Department of Justice for purposes of enforcing the ammunition vendor licensing provisionsend insertbegin insert.end insert The bill would require the ammunition vendor to conduct business at the location specified in the license, except in the case of gun shows or events, as specified.

By creating a new crime, this bill would impose a state-mandated local program.

begin delete

(7) The bill would require the Attorney General to report to the Legislature, on or before January 1, 2016, on the feasibility and costs of implementing an instantaneous background check system for purposes of evaluating prospective ammunition purchasers, as specified. The bill would state the intent of the Legislature in this regard.

end delete
begin insert

(6) The bill would provide that for the provisions discussed above, as specified, “ammunition” does not include blanks.

end insert
begin delete

(8)

end delete

begin insert(7)end insert 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:

P4    1

SECTION 1.  

Section 11106 of the Penal Code, as added by
2Section 2.5 of Chapter 745 of the Statutes of 2011, is amended to
3read:

4

11106.  

(a) In order to assist in the investigation of crime, the
5prosecution of civil actions by city attorneys pursuant to paragraph
6(3) of subdivision (b), the arrest and prosecution of criminals, and
7the recovery of lost, stolen, or found property, the Attorney General
8shall keep and properly file a complete record of all copies of
9fingerprints, copies of licenses to carry firearms issued pursuant
10to Section 26150, 26155, 26170, or 26215, information reported
11to the Department of Justice pursuant to Section 26225, copies of
12begin delete permits authorized inend deletebegin insert ammunition purchaser authorizations
13pursuant toend insert
Section 30370, ammunition vendor license information
14pursuant to Article 5 (commencing with Section 30380) of Chapter
P5    11 of Division 10 of Title 4 of Part 6, information required by begin delete2 subdivisions (a), (b), and (c) ofend delete Section 30352, dealers’ records of
3sales of firearms, reports provided pursuant to Article 1
4(commencing with Section 27500) of Chapter 4 of Division 6 of
5Title 4 of Part 6, or pursuant to any provision listed in subdivision
6(a) of Section 16585, forms provided pursuant to Section 12084,
7as that section read prior to being repealed, reports provided
8pursuant to Article 1 (commencing with Section 26700) and Article
92 (commencing with Section 26800) of Chapter 2 of Division 6
10of Title 4 of Part 6, that are not dealers’ records of sales of firearms,
11and reports of stolen, lost, found, pledged, or pawned property in
12any city or county of this state, and shall, upon proper application
13therefor, furnish this information to the officers referred to in
14Section 11105.

15(b) (1) The Attorney General shall permanently keep and
16properly file and maintain all information reported to the
17Department of Justice pursuant to the following provisions as to
18firearms and maintain a registry thereof:

19(A) Article 1 (commencing with Section 26700) and Article 2
20(commencing with Section 26800) of Chapter 2 of Division 6 of
21Title 4 of Part 6.

22(B) Article 1 (commencing with Section 27500) of Chapter 4
23of Division 6 of Title 4 of Part 6.

24(C) Chapter 5 (commencing with Section 28050) of Division 6
25of Title 4 of Part 6.

26(D) Any provision listed in subdivision (a) of Section 16585.

27(E) Former Section 12084.

28(F) Any other law.

29(2) The registry shall consist of all of the following:

30(A) The name, address, identification of, place of birth (state
31or country), complete telephone number, occupation, sex,
32description, and all legal names and aliases ever used by the owner
33or person being loaned the particular firearm as listed on the
34information provided to the department on the Dealers’ Record of
35Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
36in former Section 12084, or reports made to the department
37pursuant to any provision listed in subdivision (a) of Section 16585
38or any other law.

39(B) The name and address of, and other information about, any
40person (whether a dealer or a private party) from whom the owner
P6    1acquired or the person being loaned the particular firearm and
2when the firearm was acquired or loaned as listed on the
3information provided to the department on the Dealers’ Record of
4Sale, the LEFT, or reports made to the department pursuant to any
5provision listed in subdivision (a) of Section 16585 or any other
6law.

7(C) Any waiting period exemption applicable to the transaction
8which resulted in the owner of or the person being loaned the
9particular firearm acquiring or being loaned that firearm.

10(D) The manufacturer’s name if stamped on the firearm, model
11name or number if stamped on the firearm, and, if applicable, the
12serial number, other number (if more than one serial number is
13stamped on the firearm), caliber, type of firearm, if the firearm is
14new or used, barrel length, and color of the firearm, or, if the
15firearm is not a handgun and does not have a serial number or any
16identification number or mark assigned to it, that shall be noted.

17(3) Information in the registry referred to in this subdivision
18shall, upon proper application therefor, be furnished to the officers
19referred to in Section 11105, to a city attorney prosecuting a civil
20action, solely for use in prosecuting that civil action and not for
21any other purpose, or to the person listed in the registry as the
22owner or person who is listed as being loaned the particular firearm.

23(4) If any person is listed in the registry as the owner of a firearm
24through a Dealers’ Record of Sale prior to 1979, and the person
25listed in the registry requests by letter that the Attorney General
26store and keep the record electronically, as well as in the record’s
27existing photographic, photostatic, or nonerasable optically stored
28form, the Attorney General shall do so within three working days
29of receipt of the request. The Attorney General shall, in writing,
30and as soon as practicable, notify the person requesting electronic
31storage of the record that the request has been honored as required
32by this paragraph.

33(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
34of subdivision (b) of Section 11105 may disseminate the name of
35the subject of the record, the number of the firearms listed in the
36record, and the description of any firearm, including the make,
37model, and caliber, from the record relating to any firearm’s sale,
38transfer, registration, or license record, or any information reported
39to the Department of Justice pursuant to Section 26225, Article 1
40(commencing with Section 26700) and Article 2 (commencing
P7    1with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
26, Article 1 (commencing with Section 27500) of Chapter 4 of
3Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
4Section 28050) of Division 6 of Title 4 of Part 6, Article 2
5(commencing with Section 28150) of Chapter 6 of Division 6 of
6Title 4 of Part 6, Article 5 (commencing with Section 30900) of
7Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
8(commencing with Section 33850) of Division 11 of Title 4 of Part
96, or any provision listed in subdivision (a) of Section 16585, if
10the following conditions are met:

11(A) The subject of the record has been arraigned for a crime in
12which the victim is a person described in subdivisions (a) to (f),
13inclusive, of Section 6211 of the Family Code and is being
14prosecuted or is serving a sentence for the crime, or the subject of
15the record is the subject of an emergency protective order, a
16temporary restraining order, or an order after hearing, which is in
17effect and has been issued by a family court under the Domestic
18Violence Protection Act set forth in Division 10 (commencing
19with Section 6200) of the Family Code.

20(B) The information is disseminated only to the victim of the
21crime or to the person who has obtained the emergency protective
22order, the temporary restraining order, or the order after hearing
23issued by the family court.

24(C) Whenever a law enforcement officer disseminates the
25information authorized by this subdivision, that officer or another
26officer assigned to the case shall immediately provide the victim
27of the crime with a “Victims of Domestic Violence” card, as
28specified in subparagraph (H) of paragraph (9) of subdivision (c)
29of Section 13701.

30(2) The victim or person to whom information is disseminated
31pursuant to this subdivision may disclose it as he or she deems
32necessary to protect himself or herself or another person from
33bodily harm by the person who is the subject of the record.

34(d) This section shall become operative January 1, 2014.

35

SEC. 2.  

Section 16663 is added to the Penal Code, to read:

36

16663.  

(a) As used in this part, “ammunition vendor” means
37any person, firm, corporation, dealer, or any other business
38enterprise that is engaged in the retail sale of any ammunition, or
39that holds itself out as engaged in the business of selling any
40ammunition.

P8    1(b) Commencing July 1,begin delete 2014,end deletebegin insert 2015,end insert “ammunition vendor”
2means any person or entity described in subdivision (a) who has
3a current ammunition vendor license, pursuant to Section 30380.

4

SEC. 3.  

Section 17315 of the Penal Code is amended to read:

5

17315.  

As used in Article 3 (commencing with Section 30345)
6of Chapter 1 of Division 10 of Title 4, “vendor” means an
7ammunition vendor.

begin delete
8

SEC. 4.  

Section 30000 of the Penal Code is amended to read:

9

30000.  

(a) The Attorney General shall establish and maintain
10an online database to be known as the Prohibited Armed Persons
11File. The purpose of the file is to cross-reference persons who have
12ownership or possession of a firearm on or after January 1, 1991,
13as indicated by a record in the Consolidated Firearms Information
14System, and who, subsequent to the date of that ownership or
15possession of a firearm, fall within a class of persons who are
16prohibited from owning or possessing a firearm.

17(b) Commencing January 1, 2014, the file shall also be used to
18cross-reference persons who acquire ammunition to determine if
19those persons fall within a class of persons who are prohibited
20from owning or possessing ammunition.

21(c) The information contained in the Prohibited Armed Persons
22File shall only be available to those entities specified in, and
23pursuant to, subdivision (b) or (c) of Section 11105, through the
24California Law Enforcement Telecommunications System, for the
25purpose of determining if persons are armed and prohibited from
26possessing firearms or ammunition.

27

SEC. 5.  

Section 30005 of the Penal Code is amended to read:

28

30005.  

The Prohibited Armed Persons File database shall
29function as follows:

30(a) Upon entry into the Automated Criminal History System of
31a disposition for a conviction of any felony, a conviction for any
32firearms-prohibiting charge specified in Chapter 2 (commencing
33with Section 29800), a conviction for an offense described in
34Chapter 3 (commencing with Section 29900), a firearms prohibition
35pursuant to Section 8100 or 8103 of the Welfare and Institutions
36Code, or any firearms possession prohibition identified by the
37federal National Instant Criminal Background Check System, the
38Department of Justice shall determine if the subject has an entry
39in the Consolidated Firearms Information System indicating
40possession or ownership of a firearm on or after January 1, 1991,
P9    1or an assault weapon registration, or a .50 BMG rifle registration,
2or, commencing January 1, 2014, acquisition of ammunition.

3(b) Upon an entry into any department automated information
4system that is used for the identification of persons who are
5prohibited by state or federal law from acquiring, owning, or
6possessing firearms, the department shall determine if the subject
7has an entry in the Consolidated Firearms Information System
8indicating ownership or possession of a firearm on or after January
91, 1991, or an assault weapon registration, or a .50 BMG rifle
10registration, or information received pursuant to subdivision (b)
11of Section 30352.

12(c) If the department determines that, pursuant to subdivision
13(a) or (b), the subject has an entry in the Consolidated Firearms
14Information System indicating possession or ownership of a firearm
15on or after January 1, 1991, or an assault weapon registration, or
16a .50 BMG rifle registration, or information received pursuant to
17subdivision (b) of Section 30352, the following information shall
18be entered into the Prohibited Armed Persons File:

19(1) The subject’s name.

20(2) The subject’s date of birth.

21(3) The subject’s physical description.

22(4) Any other identifying information regarding the subject that
23is deemed necessary by the Attorney General.

24(5) The basis of the firearms and ammunition possession
25prohibition.

26(6) A description of all firearms owned or possessed by the
27subject, as reflected by the Consolidated Firearms Information
28System.

29

SEC. 6.  

Section 30010 of the Penal Code is amended to read:

30

30010.  

The Attorney General shall provide investigative
31assistance to local law enforcement agencies to better ensure the
32investigation of individuals who are armed and prohibited from
33possessing a firearm or who are prohibited from possessing
34ammunition.

end delete
35

begin deleteSEC. 7.end delete
36begin insertSEC. 4.end insert  

Section 30312 of the Penal Code is amended to read:

37

30312.  

(a) (1) The delivery or transfer of ownership of
38ammunition may only occur in a face-to-face transaction with the
39deliverer or transferor being provided bona fide evidence of identity
40from the purchaser or other transfereebegin insert; provided, however, that
P10   1ammunition may be purchased over the Internet or through other
2means of remote ordering if an ammunition vendor in this state
3initially receives the ammunition and processes the transfer in
4compliance with this section and Article 3 (commencing with
5Section 30345)end insert
.

6(2) Commencing July 1,begin delete 2014,end deletebegin insert 2015,end insert the sale of ammunition
7may only be conducted by an ammunition vendor licensed pursuant
8to Section 30385.

begin insert

9(3) For purposes of this section, “ammunition” does not include
10blanks.

end insert

11(b) Subdivision (a) shall not apply to or affect the sale, delivery,
12or transfer of ammunition to any of the following:

13(1) An authorized law enforcement representative of a city,
14county, city and county, or state or federal government, if the sale,
15delivery, or transfer is for exclusive use by that government agency
16and, prior to the sale, delivery, or transfer of the ammunition,
17written authorization from the head of the agency employing the
18purchaser or transferee is obtained, identifying the employee as
19an individual authorized to conduct the transaction, and authorizing
20the transaction for the exclusive use of the agency employing the
21individual.

22(2) A sworn peace officer, as defined in Chapter 4.5
23(commencing with Section 830) of Title 3 of Part 2 who is
24authorized to carry a firearm in the course and scope of the officer’s
25duties.

26(3) An importer or manufacturer of ammunition or firearms
27who is licensed to engage in business pursuant to Chapter 44
28(commencing with Section 921) of Title 18 of the United States
29Code and the regulations issued pursuant thereto.

30(4) A person who is on the centralized list maintained by the
31Department of Justice pursuant to Article 6 (commencing with
32Section 28450) of Chapter 6 of Division 6 of this title.

33(5) A person whose licensed premises are outside this state and
34who is licensed as a dealer or collector of firearms pursuant to
35Chapter 44 (commencing with Section 921) of Title 18 of the
36United States Code and the regulations issued pursuant thereto.

37(6) A person who is licensed as a collector of firearms pursuant
38to Chapter 44 (commencing with Section 921) of Title 18 of the
39United States Code and the regulations issued pursuant thereto,
40whose licensed premises are within this state, and who has a current
P11   1certificate of eligibility issued by the Department of Justice
2pursuant to Section 26710.

3(7) An ammunition vendor.

4(8) A consultant-evaluator.

begin insert

5(9) A participant at an event organized by a nonprofit mutual
6or public benefit corporation, where the sale, transfer, or delivery
7is by a nonprofit mutual or public benefit corporation organized
8pursuant to the Corporations Code, where the ammunition is to
9be used and consumed on the premises of an event conducted by
10that nonprofit or public benefit corporation, and the event is at a
11target range which holds a regulatory or business license.

end insert

12(c) A violation of this section is a misdemeanor.

13

begin deleteSEC. 8.end delete
14begin insertSEC. 5.end insert  

The heading of Article 3 (commencing with Section
1530345) of Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal
16Code
is amended to read:

17 

18Article 3.  Ammunition Vendors
19

 

20

begin deleteSEC. 9.end delete
21begin insertSEC. 6.end insert  

Section 30345 of the Penal Code is amended to read:

22

30345.  

(a) A vendor shall comply with all of the conditions,
23requirements, and prohibitions stated in this article.

24(b) Commencing July 1,begin delete 2014,end deletebegin insert 2015,end insert an ammunition vendor
25shall be licensed by the Department of Justice in order to sell or
26otherwise transfer ownership of ammunition.

begin insert

27(c) For purposes of this article, “ammunition” does not include
28blanks.

end insert
29

begin deleteSEC. 10.end delete
30begin insertSEC. 7.end insert  

Section 30347 of the Penal Code is amended to read:

31

30347.  

A vendor shall not permit any employee who the vendor
32knows or reasonably should know is a person described in Chapter
332 (commencing with Section 29800) or Chapter 3 (commencing
34with Section 29900) of Division 9 of this title or Section 8100 or
358103 of the Welfare and Institutions Code to handle, sell, or deliver
36ammunition in the course and scope of employment.

37

begin deleteSEC. 11.end delete
38begin insertSEC. 8.end insert  

Section 30348 is added to the Penal Code, to read:

P12   1

30348.  

(a) Except as provided in subdivision (b), the salebegin delete or
2other transfer of ownershipend delete
of ammunition shall be conducted at
3the location specified in the license.

4(b) A vendor may sell begin deleteor otherwise transfer ownership ofend delete
5 ammunition at a gun show or event if the gun show or event is not
6conducted from any motorized or towed vehicle.

7(c) For purposes of this section, “gun show or event” means a
8function sponsored by any national, state, or local organization,
9devoted to the collection, competitive use, or other sporting use
10of firearms, or an organization or association that sponsors
11functions devoted to the collection, competitive use, or other
12sporting use of firearms in the community.

13(d) Salesbegin delete or other transfers of ownershipend delete of ammunition at a
14gun show or event shall comply with Sections 30347, 30350,
1530352, and 30360.

16

begin deleteSEC. 12.end delete
17begin insertSEC. 9.end insert  

Section 30350 of the Penal Code is amended to read:

18

30350.  

A vendor shall not sellbegin delete or otherwise transfer ownership
19ofend delete
, offer for salebegin delete or otherwise offer to transfer ownership ofend delete, or
20display for salebegin delete or display for transfer of ownership ofend delete any
21ammunition in a manner that allows that ammunition to be
22accessible to a purchaser or transferee without the assistance of
23the vendor or an employee of the vendor.

24

begin deleteSEC. 13.end delete
25begin insertSEC. 10.end insert  

Section 30352 of the Penal Code is amended to read:

26

30352.  

(a) A vendor shall not sellbegin delete or otherwise transfer
27ownership ofend delete
any ammunition without, at the time of delivery,
28legibly recording the following information:

29(1) The date of the sale or other transaction.

30(2) The purchaser’sbegin delete or transferee’send delete driver’s license or other
31identification number and the state in which it was issued.

32(3) The brand, type, and amount of ammunition sold or
33otherwise transferred.

34(4) The purchaser’sbegin delete or transferee’send delete signature.

35(5) The name of the salesperson who processed the sale or other
36transaction.

37(6) The right thumbprint of the purchaserbegin delete or transfereeend delete on the
38above form.

39(7) The purchaser’sbegin delete or transferee’send delete full residential address and
40telephone number.

P13   1(8) The purchaser’sbegin delete or transferee’send delete date of birth.

begin delete

2(b) Commencing July 1, 2014, the vendor shall submit to the
3department the information required by subdivision (a) in a format
4and a manner prescribed by the department for all sales or other
5transfers of ownership of ammunition.

6(c) Commencing July 1, 2017, an ammunition vendor shall
7submit information to the department in a format prescribed by
8the department to show compliance with subdivision (d).

9(d)

end delete

10begin insert(b)end insert Commencing on July 1, 2017, only those persons listed
11below or those persons or entities listed in subdivisionbegin delete (f)end deletebegin insert (d)end insert shall
12bebegin delete permittedend deletebegin insert authorizedend insert to purchase ammunition. Prior to the
13delivery of the ammunition, the vendor shall verify that the person
14who is receiving delivery of the ammunition is a properly identified
15person or entity listed in subdivisionbegin delete (f)end deletebegin insert (d)end insert or one of the following:

16(1) Abegin delete holder of a valid ammunition purchase permit issuedend delete
17begin insert person authorized to purchase ammunition end insert pursuant to Section
1830370.

19(2) A person who is authorized to carry loaded firearms pursuant
20to Section 25900, 25905, 25910, 25925, 26010, 26015, 26025, or
2126030.

22(3) A holder of a special weapons permit issued by the
23department pursuant to Section 32650 or 33300, pursuant to Article
243 (commencing with Section 18900) of Chapter 1 of Division 5
25of Title 2, or pursuant to Article 4 (commencing with Section
2632700) of Chapter 6 of this division.

27(4) A holder of a current certificate of eligibility issued pursuant
28to Section 26710.

29(5) A holder of a valid entertainment firearms permit issued
30pursuant to Chapter 2 (commencing with Section 29500) of
31Division 8.

32(6) If a personbegin delete is not the holder of an ammunition purchase
33permitend delete
begin insert does not have an ammunition purchase authorizationend insert
34 because he or she is not a resident of this state, then pursuant to
35procedures prescribed by the department, the person presents
36documentation to the vendor that shows that the person would not
37be prohibited from acquiring or possessing ammunition within this
38state.

begin delete

39(e)

end delete

P14   1begin insert(c)end insert Commencing July 1, 2017, the vendor shall verify that the
2begin delete ammunition purchase permit is valid by contacting the department
3for each ammunition transaction, in a manner prescribed by the
4department. The department shall conduct an instantaneous
5background check to determine if the permitee is prohibited from
6possessing ammunition. The department shall approve or deny the
7transaction on the basis of the background check and shall inform
8the vendor.end delete
begin insert person is authorized to purchase ammunition by
9comparing the person’s California driver’s license number or
10California identification card number to the authorization number
11in the centralized list of authorized ammunition purchasers. If the
12person is not listed as an authorized ammunition purchaser, the
13vendor shall deny the sale.end insert

begin delete

14(f)

end delete

15begin insert(d)end insert Subdivisions (a) andbegin delete (e)end deletebegin insert (c)end insert shall not apply to or affect sales
16or other transfers of ownership of ammunition by ammunition
17vendors to any of the following, if properly identified:

18(1) A person licensed pursuant to Sections 26700 to 26915,
19inclusive.

20(2) An ammunition vendor.

21(3) A person who is on the centralized list maintained by the
22department pursuant to Article 6 (commencing with Section 28450)
23of Chapter 6 of Division 6 of this title.

24(4) A target facility that holds a business or regulatory license.

25(5) A gunsmith.

26(6) A wholesaler.

27(7) A manufacturer or importer of firearms or ammunition
28licensed pursuant to Chapter 44 (commencing with Section 921)
29of Title 18 of the United States Code, and the regulations issued
30pursuant thereto.

31(8) An authorized law enforcement representative of a city,
32county, city and county, or state or federal government, if the sale
33or other transfer of ownership is for exclusive use by that
34government agency, and, prior to the sale, delivery, or transfer of
35the ammunition, written authorization from the head of the agency
36authorizing the transaction is presented to the person from whom
37the purchase, delivery, or transfer is being made. Proper written
38authorization is defined as verifiable written certification from the
39head of the agency by which the purchaser, transferee, or person
40otherwise acquiring ownership is employed, identifying the
P15   1employee as an individual authorized to conduct the transaction,
2and authorizing the transaction for the exclusive use of the agency
3by which that individual is employed.

4

begin deleteSEC. 14.end delete
5begin insertSEC. 11.end insert  

Section 30365 of the Penal Code is amended to read:

6

30365.  

(a) A violation of subdivision (b) of Section 30345,
7Section 30347, 30350, 30352, 30355, 30360, or 30362 is a
8misdemeanor.

9(b) The provisions of this section are cumulative, and shall not
10be construed as restricting the application of any other law.
11However, an act or omission punishable in different ways by
12different provisions of law shall not be punished under more than
13one provision.

14

begin deleteSEC. 15.end delete
15begin insertSEC. 12.end insert  

Article 4 (commencing with Section 30370) is added
16to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code,
17to read:

18 

19Article 4.  Ammunition Purchasebegin delete Permitsend deletebegin insert Authorizationsend insert
20

 

21

30370.  

(a) (1) Commencing on January 1, 2017, any person
22who is a resident of this state and who is 18 years of age or older
23may apply to the department for an ammunition purchasebegin delete permit,
24in a format to be prescribed by the departmentend delete
begin insert authorizationend insert.

25(2) The ammunition purchasebegin delete permitend deletebegin insert authorizationend insert shall entitle
26thebegin delete permitholderend deletebegin insert authorized personend insert to purchase begin deleteor otherwise
27acquire ownership ofend delete
ammunition from an ammunition vendor as
28that term is defined in Section 16663 and shall have no other force
29or effect.

begin insert

30(3) For purposes of this article, “ammunition” does not include
31blanks.

end insert

32(b) The department shall issue an ammunition purchasebegin delete permitend delete
33begin insert authorization end insert to the applicant if all of the following conditions
34are met:

35(1) The applicant is 18 years of age or older.

36(2) The applicant is not prohibited from acquiring or possessing
37ammunition by the laws of this state.

38(3) The applicant pays the fees set forth in subdivision (i).

39(c) (1) Upon receipt of anbegin delete initial or renewalend delete application, the
40department shall examine its records and is authorized to request
P16   1records from the State Department of State Hospitals, pursuant to
2Section 8104 of the Welfare and Institutions Code, and if
3authorized, the National Instant Criminal Background Check
4System, as described in Section 922(t) of Title 18 of the United
5States Code, in order to determine if the applicant is prohibited
6 from possessing or acquiring ammunition.

7(2) The applicant shall be approved or denied within 30 days
8of the date of the application. If the application is denied, the
9department shall state the reasons for doing so and provide the
10applicant an appeal process to challenge that denial.

begin delete

11(d) The ammunition purchase permit shall be valid for five years
12from the date of issuance.

13(e) The department shall send a notice of the expiration of an
14ammunition purchase permit, by first-class mail or other means
15that are equivalent, including electronic mail, to the address of the
16person as shown by the records of the department, not less than
1790 days before the expiration date, and shall enclose or contain a
18form for the renewal of the permit.

19(f)

end delete

20begin insert(d)end insert The ammunition purchasebegin delete permitend deletebegin insert authorizationend insert shall be
21revoked by the department upon the occurrence of any event which
22would have disqualified the holder from being issued the
23ammunition purchasebegin delete permitend deletebegin insert authorizationend insert pursuant to this section.

begin delete

24(g)

end delete

25begin insert(e)end insert The ammunition purchasebegin delete permit shall be in a tamper-proof
26form prescribed by the department and shall include the name,
27address, photograph, date of birth, a unique identifying number,
28expiration date from the date of issuance, physical characteristics,
29including the height, weight, eye color, and hair color of the
30permitholder, and other information that may be prescribed by the
31departmentend delete
begin insert authorization number shall be the same number as the
32person’s California driver’s license number or California
33identification card numberend insert
.

begin insert

34(f) The department shall create an internal centralized list of
35all persons who are authorized to purchase ammunition and
36provide access by ammunition vendors to the list for purposes of
37conducting ammunition sales. Law enforcement agencies shall be
38provided access to the list for law enforcement purposes.

end insert
begin delete

39(h)

end delete

P17   1begin insert(g)end insert The department shall recover the reasonable cost of
2administering this section by charging applicants an initial
3applicationbegin delete and a renewal applicationend delete fee.

begin delete

4(i)

end delete

5begin insert(h)end insert All fees received pursuant to this section shall be deposited
6into the Dealer’s Record of Sale Special Account of the General
7Fund.

begin delete

8(j)

end delete

9begin insert(i)end insert The implementation of this section by the department is
10exempt from the Administrative Procedure Act (Chapter 3.5
11(commencing with Section 11340) of Part 1 of Division 3 of Title
122 of the Government Code).

begin delete

13(k)

end delete

14begin insert(j)end insert The department shall annually review and shall adjust the
15fees specified in subdivisionbegin delete (h)end deletebegin insert (g)end insert, if necessary, to fully fund,
16but not to exceed the reasonable costs of, thebegin delete permitend deletebegin insert ammunition
17authorizationend insert
program provided by this section, including the
18enforcement of this program.

begin delete

19(l)

end delete

20begin insert(k)end insert The Attorney General is authorized to adopt regulations to
21implement the provisions of this section.

22

begin deleteSEC. 16.end delete
23begin insertSEC. 13.end insert  

Article 5 (commencing with Section 30380) is added
24to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code,
25to read:

26 

27Article 5.  Ammunition Vendor Licenses
28

 

29

30380.  

(a) Commencing July 1,begin delete 2014,end deletebegin insert 2015,end insert no ammunition
30vendor shall sellbegin delete or otherwise transfer ownership ofend delete ammunition
31unless the vendor is licensed pursuant to Section 30385.

32(b) A violation of this section is a misdemeanor.

begin insert

33(c) For purposes of this article, “ammunition” does not include
34blanks.

end insert
35

30385.  

(a) The Department of Justice is authorized to issue
36ammunition vendor licenses pursuant to this article. The department
37shall, commencing March 1,begin delete 2014,end deletebegin insert 2015,end insert commence accepting
38applications for ammunition vendor licenses. The department shall
39issue a license or deny the application for a license within 30 days
40of receipt of the application. If the application is denied, the
P18   1department shall inform the applicant of the reason for denial in
2writing.

3(b) The ammunition vendor license shall be issued in a form
4prescribed by the Attorney General and shall be valid for a period
5of one year. The Attorney General may adopt regulations to
6administer application and enforcement provisions of this article.

7

30390.  

(a) The department may charge ammunition vendor
8license applicants a fee sufficient to reimburse the department for
9the reasonable costs of administering the license program,
10maintaining the registry of ammunition vendors, and necessary
11enforcement, provided however, that the fee shall not exceed fifty
12dollars ($50).

13(b) The fees received by the department pursuant to this article
14shall be deposited in thebegin delete Dealers’ Record of Saleend deletebegin insert Ammunition
15Vendor’s Specialend insert
Account of the General Fundbegin insert, which is hereby
16created. The revenue in the fund shall be available, upon
17appropriation by the Legislature, for use by the Department of
18Justice for the purpose of implementing and enforcing the
19provisions of this articleend insert
.

20

30395.  

(a) begin insertThe department is authorized to issue ammunition
21vendor licenses to ammunition vendors who the department has
22determined are not prohibited by state law from possessing,
23receiving, owning, or purchasing a firearm, and who provide a
24copy of any regulatory or business license required by local
25government, a valid seller’s permit issued by the State Board of
26Equalization, a federal firearms license if the person is federally
27licensed, and a certificate of eligibility issued by the department.end insert

28begin insert(b)end insertbegin insertend insertThe department shall issue ammunition vendor licenses
29pursuant to this article to the following applicants:

30(1) A licensed firearms dealer.

31(2) Persons on the centralized list maintained by the department
32pursuant to Section 28450.

33(3) A target facility holding a business or other regulatory
34license.

35(4) A gunsmith.

36(5) A firearms wholesaler.

37(6) A manufacturer or importer of firearms or ammunition
38licensed pursuant to Chapter 44 (commencing with Section 921)
39of Title 18 of the United States Code, and the regulations issued
40pursuant thereto.

begin delete

P19   1(b)

end delete

2begin insert(c)end insert The department shall keep a registry of all licensed
3ammunition vendors.begin delete No ammunition vendor shall sell or transfer
4ownership of ammunition unless listed on the registry.end delete

begin delete

5(c) The department may remove an ammunition vendor from
6the registry for a violation of this article or a violation of Article
73 (commencing with Section 30345) for a period not to exceed six
8months.

end delete

9(d) The department shall revoke the license of any ammunition
10vendor who violates this article or Article 3 (commencing with
11Section 30345) in any combination three times. The ammunition
12vendor shall thereafter be permanently ineligible for an ammunition
13vendor license.

14

30400.  

(a) The Attorney General shall prepare and submit to
15the Legislature on or before January 1, 2016, a report concerning
16all of the following:

17(1) Recommendations for a clear and succinct general procedure
18whereby a system may be instituted for instantaneous background
19checks that can be conducted for all persons attempting to purchase
20ammunition.

21(2) The feasibility of integration of that system into the current
22firearm registration system.

23(3) The feasibility and costs of creating that type of background
24check system.

25(4) The overall costs of creating and maintaining, and the costs
26to individuals of using, that system.

27(5) The effect of the system on overall efforts by the Department
28of Justice in terms of information and computerized upgrades that
29the department is currently undertaking.

30(6) Recommendations for any specific statutory changes
31necessary to implement the system, if any.

32(b) The report required by subdivision (a) shall be submitted
33pursuant to Section 9795 of the Government Code.

begin delete

34(c) It is the intent of the Legislature to provide the Department
35of Justice with sufficient flexibility to develop an instantaneous
36background check system. The Legislature recognizes that the
37Department may develop an alternative system than the one
38prescribed by this measure. If that is the case, the Legislature may
39review that system and enact legislation accordingly.

end delete
P20   1

begin deleteSEC. 17.end delete
2begin insertSEC. 14.end insert  

No reimbursement is required by this act pursuant to
3Section 6 of Article XIII B of the California Constitution because
4the only costs that may be incurred by a local agency or school
5district will be incurred because this act creates a new crime or
6infraction, eliminates a crime or infraction, or changes the penalty
7for a crime or infraction, within the meaning of Section 17556 of
8the Government Code, or changes the definition of a crime within
9the meaning of Section 6 of Article XIII B of the California
10Constitution.



O

    96