BILL NUMBER: SB 53 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 27, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE APRIL 1, 2013
AMENDED IN SENATE MARCH 21, 2013
INTRODUCED BY Senator De León
(Principal coauthor: Senator Yee)
(Principal coauthor: Assembly Member Skinner)
(Coauthors: Senators Leno and Steinberg)
(Coauthor: Assembly Member Ting)
DECEMBER 20, 2012
An act to amend Sections 11106, 17315, 30000, 30005,
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.
(2) Existing law establishes the Prohibited Armed Persons File,
the purpose of which is to cross-reference persons prohibited from
possessing firearms with records of firearm transactions 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.
This bill would expand the Prohibited Armed Persons File to list
persons prohibited from acquiring ammunition, and would similarly
cross-reference those persons with records of ammunition transactions
to determine if these persons have acquired or attempted to acquire
ammunition.
(2)
(3) Existing law, subject to exceptions, requires that
the delivery or transfer of ownership of handgun ammunition occur
only in a face-to-face transaction and makes a violation of this
requirement a crime. 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, 2015, who is
licensed, as specified, for those and other purposes. The bill would
provide that commencing July 1, 2015, only a licensed ammunition
vendor may sell ammunition. The bill would create an additional
exemption from these requirements for specified events conducted by a
nonprofit entity, as specified, and would make additional conforming
changes.
(3)
(4) 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.
(4)
(5) 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 and would, commencing July 1, 2015, require the
ammunition vendor to submit that information to the department, as
specified . The bill would, commencing July 1, 2017
2015 , and subject to exceptions, require the
purchaser of ammunition to be authorized to purchase ammunition by
the Department of Justice, as specified. The bill would, commencing
January 1, 2017 2015 , authorize
issuance of ammunition purchase authorizations 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 and establish a centralized list of
persons authorized to purchase ammunition.
(5)
(6) The bill would authorize the Department of Justice
to issue ammunition vendor licenses, commencing July 1, 2015. The
bill would require an ammunition vendor to be licensed, commencing
July 1, 2015, in order to sell ammunition. Violation of these
provisions would be a misdemeanor. The bill would create an
application process for ammunition vendors, as specified. 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 provisions. 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. The bill would
direct the department to adopt regulations by July 1, 2015 relating
to Internet ammunition sales, as specified.
By creating a new crime, this bill would impose a state-mandated
local program.
(6)
(7) The bill would provide that for the provisions
discussed above, as specified, "ammunition" does not include blanks.
(7)
(8) 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 11106 of the Penal Code, as added by Section
2.5 of Chapter 745 of the Statutes of 2011, is amended to read:
11106. (a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (b), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215, information reported to the
Department of Justice pursuant to Section 26225, copies of ammunition
purchaser authorizations pursuant to Section 30370, ammunition
vendor license information pursuant to Article 5 (commencing with
Section 30380) of Chapter 1 of Division 10 of Title 4 of Part 6,
information required by Section 30352, dealers' records of sales of
firearms, reports provided pursuant to Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
pursuant to any provision listed in subdivision (a) of Section 16585,
forms provided pursuant to Section 12084, as that section read prior
to being repealed, reports provided pursuant to Article 1
(commencing with Section 26700) and Article 2 (commencing with
Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, that
are not dealers' records of sales of firearms, and reports of stolen,
lost, found, pledged, or pawned property in any city or county of
this state, and shall, upon proper application therefor, furnish this
information to the officers referred to in Section 11105.
(b) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to the following provisions as to firearms and
maintain a registry thereof:
(A) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of Title 4
of Part 6.
(B) Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6.
(C) Chapter 5 (commencing with Section 28050) of Division 6 of
Title 4 of Part 6.
(D) Any provision listed in subdivision (a) of Section 16585.
(E) Former Section 12084.
(F) Any other law.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular firearm as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in former Section
12084, or reports made to the department pursuant to any provision
listed in subdivision (a) of Section 16585 or any other law.
(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular firearm and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to any provision listed in
subdivision (a) of Section 16585 or any other law.
(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular firearm acquiring or being loaned that firearm.
(D) The manufacturer's name if stamped on the firearm, model name
or number if stamped on the firearm, and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm, or, if the firearm is
not a handgun and does not have a serial number or any identification
number or mark assigned to it, that shall be noted.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular firearm.
(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
(c) (1) Any officer referred to in paragraphs (1) to (6),
inclusive, of subdivision (b) of Section 11105 may disseminate the
name of the subject of the record, the number of the firearms listed
in the record, and the description of any firearm, including the
make, model, and caliber, from the record relating to any firearm's
sale, transfer, registration, or license record, or any information
reported to the Department of Justice pursuant to Section 26225,
Article 1 (commencing with Section 26700) and Article 2 (commencing
with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6,
Article 1 (commencing with Section 27500) of Chapter 4 of Division 6
of Title 4 of Part 6, Chapter 5 (commencing with Section 28050) of
Division 6 of Title 4 of Part 6, Article 2 (commencing with Section
28150) of Chapter 6 of Division 6 of Title 4 of Part 6, Article 5
(commencing with Section 30900) of Chapter 2 of Division 10 of Title
4 of Part 6, Chapter 2 (commencing with Section 33850) of Division 11
of Title 4 of Part 6, or any provision listed in subdivision (a) of
Section 16585, if the following conditions are met:
(A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being prosecuted
or is serving a sentence for the crime, or the subject of the record
is the subject of an emergency protective order, a temporary
restraining order, or an order after hearing, which is in effect and
has been issued by a family court under the Domestic Violence
Protection Act set forth in Division 10 (commencing with Section
6200) of the Family Code.
(B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.
(C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim of
the crime with a "Victims of Domestic Violence" card, as specified in
subparagraph (H) of paragraph (9) of subdivision (c) of Section
13701.
(2) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from bodily
harm by the person who is the subject of the record.
(d) This section shall become operative January 1, 2014.
SEC. 2. Section 16663 is added to the Penal Code, to read:
16663. (a) As used in this part, "ammunition vendor" means any
person, firm, corporation, dealer, or any other business enterprise
that is engaged in the retail sale of any ammunition, or that holds
itself out as engaged in the business of selling any ammunition.
(b) Commencing July 1, 2015, "ammunition vendor" means any person
or entity described in subdivision (a) who has a current ammunition
vendor license, pursuant to Section 30380.
SEC. 3. Section 17315 of the Penal Code is amended to read:
17315. As used in Article 3 (commencing with Section 30345) of
Chapter 1 of Division 10 of Title 4, "vendor" means an ammunition
vendor.
SEC. 4. Section 30000 of the Penal Code
is amended to read:
30000. (a) The Attorney General shall establish and maintain an
online database to be known as the Prohibited Armed Persons File. The
purpose of the file is to cross-reference persons who have ownership
or possession of a firearm on or after January 1, 1991, as indicated
by a record in the Consolidated Firearms Information System, and
who, subsequent to the date of that ownership or possession of a
firearm, fall within a class of persons who are prohibited from
owning or possessing a firearm.
(b) Commencing January 1, 2015, the file shall also be used to
cross-reference persons who acquire ammunition to determine if those
persons fall within a class of persons who are prohibited from owning
or possessing ammunition.
(b)
(c) The information contained in the Prohibited Armed
Persons File shall only be available to those entities specified in,
and pursuant to, subdivision (b) or (c) of Section 11105, through the
California Law Enforcement Telecommunications System, for the
purpose of determining if persons are armed and prohibited from
possessing firearms or ammunition .
SEC. 5. Section 30005 of the Penal Code
is amended to read:
30005. The Prohibited Armed Persons File database shall function
as follows:
(a) Upon entry into the Automated Criminal History System of a
disposition for a conviction of any felony, a conviction for any
firearms-prohibiting charge specified in Chapter 2 (commencing with
Section 29800), a conviction for an offense described in Chapter 3
(commencing with Section 29900), a firearms prohibition pursuant to
Section 8100 or 8103 of the Welfare and Institutions Code, or any
firearms possession prohibition identified by the federal National
Instant Criminal Background Check System, the Department of Justice
shall determine if the subject has an entry in the Consolidated
Firearms Information System indicating possession or ownership of a
firearm on or after January 1, 1991, or an assault weapon
registration, or a .50 BMG rifle registration , or commencing
January 1, 2015, acquisition of ammunition .
(b) Upon an entry into any department automated information system
that is used for the identification of persons who are prohibited by
state or federal law from acquiring, owning, or possessing firearms,
the department shall determine if the subject has an entry in the
Consolidated Firearms Information System indicating ownership or
possession of a firearm on or after January 1, 1991, or an assault
weapon registration, or a .50 BMG rifle registration.
(c) If the department determines that, pursuant to subdivision (a)
or (b), the subject has an entry in the Consolidated Firearms
Information System indicating possession or ownership of a firearm on
or after January 1, 1991, or an assault weapon registration, or a .
50 BMG rifle registration, the following information shall be entered
into the Prohibited Armed Persons File:
(1) The subject's name.
(2) The subject's date of birth.
(3) The subject's physical description.
(4) Any other identifying information regarding the subject that
is deemed necessary by the Attorney General.
(5) The basis of the firearms possession and ammunition
prohibition.
(6) A description of all firearms owned or possessed by the
subject, as reflected by the Consolidated Firearms Information
System.
SEC. 4. SEC. 6. Section 30312 of the
Penal Code is amended to read:
30312. (a) (1) The delivery or transfer of ownership of
ammunition may only occur in a face-to-face transaction with the
deliverer or transferor being provided bona fide evidence of identity
from the purchaser or other transferee; provided, however, that
ammunition may be purchased over the Internet or through other means
of remote ordering if an ammunition vendor in this state initially
receives the ammunition and processes the transfer in compliance with
this section and Article 3 (commencing with Section 30345) ,
and, commencing July 1, 2015, in accordance with regulations
promulgated by the Department of Justice pursuant to Section 30400
.
(2) Commencing July 1, 2015, the sale of ammunition may only be
conducted by an ammunition vendor licensed pursuant to Section 30385.
(3) For purposes of this section, "ammunition" does not include
blanks.
(b) Subdivision (a) shall 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 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 the officer's duties.
(3) An importer or manufacturer of ammunition or firearms who is
licensed to engage in business pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
(4) A person who is on the centralized list maintained by the
Department of Justice pursuant to Article 6 (commencing with Section
28450) of Chapter 6 of Division 6 of this title.
(5) A person whose licensed premises are outside this state and
who is licensed as a dealer or collector of firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
(6) A person who is licensed as a collector of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, whose
licensed premises are within this state, and who has a current
certificate of eligibility issued by the Department of Justice
pursuant to Section 26710.
(7) An ammunition vendor.
(8) A consultant-evaluator.
(9) A participant at an event organized by a nonprofit mutual or
public benefit corporation, where the sale, transfer, or delivery is
by a nonprofit mutual or public benefit corporation organized
pursuant to the Corporations Code, where the ammunition is to be used
and consumed on the premises of an event conducted by that nonprofit
or public benefit corporation, and the event is at a target range
which holds a regulatory or business license.
(c) A violation of this section is a misdemeanor.
SEC. 5. SEC. 7. The heading of
Article 3 (commencing with Section 30345) of Chapter 1 of Division 10
of Title 4 of Part 6 of the Penal Code is amended to read:
Article 3. Ammunition Vendors
SEC. 6. SEC. 8. Section 30345 of the
Penal Code is amended to read:
30345. (a) A vendor shall comply with all of the conditions,
requirements, and prohibitions stated in this article.
(b) Commencing July 1, 2015, an ammunition vendor shall be
licensed by the Department of Justice in order to sell or
otherwise transfer ownership of ammunition.
(c) For purposes of this article, "ammunition" does not include
blanks.
SEC. 7. SEC. 9. Section 30347 of the
Penal Code is amended to read:
30347. A vendor shall not permit any employee who the vendor
knows or reasonably should know is a person described in Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with Section
29900) of Division 9 of this title or Section 8100 or 8103 of the
Welfare and Institutions Code to handle, sell, or deliver ammunition
in the course and scope of employment.
SEC. 8. SEC. 10. Section 30348 is
added to the Penal Code, to read:
30348. (a) Except as provided in subdivision (b), the sale of
ammunition shall be conducted at the location specified in the
license.
(b) A vendor may sell ammunition at a gun show or event if the gun
show or event is not conducted from any motorized or towed vehicle.
(c) For purposes of this section, "gun show or event" means a
function sponsored by any national, state, or local organization,
devoted to the collection, competitive use, or other sporting use of
firearms, or an organization or association that sponsors functions
devoted to the collection, competitive use, or other sporting use of
firearms in the community.
(d) Sales of ammunition at a gun show or event shall comply with
Sections 30347, 30350, 30352, and 30360.
SEC. 9. SEC. 11. Section 30350 of
the Penal Code is amended to read:
30350. A vendor shall not sell, offer for sale, or display for
sale any 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.
SEC. 10. SEC. 12. Section 30352 of
the Penal Code is amended to read:
30352. (a) A vendor shall not sell any ammunition without, at the
time of delivery, legibly recording the following information:
(1) The date of the sale or other transaction .
(2) The purchaser's driver's license or other identification
number and the state in which it was issued.
(3) The brand, type, and amount of ammunition sold or
otherwise transferred .
(4) The purchaser's signature.
(5) The name of the salesperson who processed the sale or other
transaction.
(6) The right thumbprint of the purchaser on the above form.
(7) The purchaser's full residential address and telephone number.
(8) The purchaser's date of birth.
(b) Commencing July 1, 2015, the vendor shall submit to the
department the information required by subdivision (a) in a format
and a manner prescribed by the department for all sales of ownership
of ammunition.
(b)
(c) Commencing on July 1, 2017
2015 , only those persons listed below or those persons or
entities listed in subdivision (d) (e)
shall be authorized to purchase ammunition. Prior to the delivery of
the ammunition, the vendor shall verify that the person who is
receiving delivery of the ammunition is a properly identified person
or entity listed in subdivision (d) (e)
or one of the following:
(1) A person authorized to purchase ammunition pursuant to Section
30370.
(2) A person who is authorized to carry loaded firearms pursuant
to Section 25900, 25905, 25910, 25925, 26010, 26015, 26025, or 26030.
(3) A holder of a special weapons permit issued by the department
pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing
with Section 18900) of Chapter 1 of Division 5 of Title 2, or
pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of
this division.
(4) A holder of a current certificate of eligibility issued
pursuant to Section 26710.
(5) A holder of a valid entertainment firearms permit issued
pursuant to Chapter 2 (commencing with Section 29500) of Division 8.
(6) If a person does not have an ammunition purchase authorization
because he or she is not a resident of this state, then pursuant to
procedures prescribed by the department, the person presents
documentation to the vendor that shows that the person would not be
prohibited from acquiring or possessing ammunition within this state.
(c)
(d) Commencing July 1, 2017
2015 , the vendor shall verify that the person is authorized to
purchase ammunition by comparing the person's California driver's
license number or California identification card number to the
authorization number in the centralized list of authorized ammunition
purchasers. If the person is not listed as an authorized ammunition
purchaser, the vendor shall deny the sale.
(d)
(e) Subdivisions (a) and (c)
(d) shall not apply to or affect sales or other transfers of
ownership of ammunition by ammunition vendors to any of the
following, if properly identified:
(1) A person licensed pursuant to Sections 26700 to 26915,
inclusive.
(2) An ammunition vendor.
(3) A person who is on the centralized list maintained by the
department pursuant to Article 6 (commencing with Section 28450) of
Chapter 6 of Division 6 of this title.
(4) A target facility that holds a business or regulatory license.
(5) A gunsmith.
(6) A wholesaler.
(7) A manufacturer or importer of firearms or ammunition licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code, and the regulations issued pursuant thereto.
(8) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale
or other transfer of ownership is for 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
authorizing the transaction is presented to the person from whom the
purchase, delivery, or transfer is being made. Proper written
authorization is defined as verifiable written certification from the
head of the agency by which the purchaser, transferee, or person
otherwise acquiring ownership is employed, identifying the employee
as an individual authorized to conduct the transaction, and
authorizing the transaction for the exclusive use of the agency by
which that individual is employed.
SEC. 11. SEC. 13. Section 30365 of
the Penal Code is amended to read:
30365. (a) A violation of subdivision (b) of Section 30345,
Section 30347, 30350, 30352, 30355, 30360, or 30362 is a misdemeanor.
(b) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
SEC. 12. SEC. 14. Article 4
(commencing with Section 30370) is added to Chapter 1 of Division 10
of Title 4 of Part 6 of the Penal Code, to read:
Article 4. Ammunition Purchase Authorizations
30370. (a) (1) Commencing on January 1, 2017
2015 , any person who is a resident of this state and who
is 18 years of age or older may apply to the department for an
ammunition purchase authorization.
(2) The ammunition purchase authorization shall entitle the
authorized person to purchase ammunition from an ammunition vendor as
that term is defined in Section 16663 and shall have no other force
or effect.
(3) For purposes of this article, "ammunition" does not include
blanks.
(b) The department shall issue an ammunition purchase
authorization to the applicant if all of the following conditions are
met:
(1) The applicant is 18 years of age or older.
(2) The applicant is not prohibited from acquiring or possessing
ammunition by the laws of this state.
(3) The applicant pays the fees set forth in subdivision (i).
(c) (1) Upon receipt of an application, the department shall
examine its records and is authorized to request records from the
State Department of State Hospitals, pursuant to Section 8104 of the
Welfare and Institutions Code, and if authorized, the National
Instant Criminal Background Check System, as described in Section 922
(t) of Title 18 of the United States Code, in order to determine if
the applicant is prohibited from possessing or acquiring ammunition.
(2) The applicant shall be approved or denied within 30 days of
the date of the application. If the application is denied, the
department shall state the reasons for doing so and provide the
applicant an appeal process to challenge that denial.
(3) If the department is unable to ascertain the final disposition
of the application within 30 days of the applicant's submission, the
department shall grant authorization to the applicant.
(d) The ammunition purchase authorization shall be revoked by the
department upon the occurrence of any event which would have
disqualified the holder from being issued the ammunition purchase
authorization pursuant to this section.
(e) The ammunition purchase authorization number shall be the same
number as the person's California driver's license number or
California identification card number.
(f) The department shall create an internal centralized list of
all persons who are authorized to purchase ammunition and provide
access by ammunition vendors to the list for purposes of conducting
ammunition sales. Law enforcement agencies shall be provided access
to the list for law enforcement purposes.
(g) The department shall recover the reasonable cost of
administering this section by charging applicants an initial
application fee.
(h) All fees received pursuant to this section shall be deposited
into the Dealer's Record of Sale Special Account of the General Fund.
(i) The implementation of this section by the department is exempt
from the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).
(j) The department shall annually review and shall adjust the fees
specified in subdivision (g), if necessary, to fully fund, but not
to exceed the reasonable costs of, the ammunition authorization
program provided by this section, including the enforcement of this
program.
(k) The Attorney General is authorized to adopt regulations to
implement the provisions of this section.
SEC. 13. SEC. 15. Article 5
(commencing with Section 30380) is added to Chapter 1 of Division 10
of Title 4 of Part 6 of the Penal Code, to read:
Article 5. Ammunition Vendor Licenses
30380. (a) Commencing July 1, 2015, no ammunition vendor shall
sell ammunition unless the vendor is licensed pursuant to Section
30385.
(b) A violation of this section is a misdemeanor.
(c) For purposes of this article, "ammunition" does not include
blanks.
30385. (a) The Department of Justice is authorized to issue
ammunition vendor licenses pursuant to this article. The department
shall, commencing March 1, 2015, commence accepting applications for
ammunition vendor licenses. The department shall issue a license or
deny the application for a license
within 30 days of receipt of the application. If the
application is denied, the department shall inform the applicant of
the reason for denial in writing.
(b) The ammunition vendor license shall be issued in a form
prescribed by the Attorney General and shall be valid for a period of
one year. The Attorney General may adopt regulations to administer
application and enforcement provisions of this article. The
license shall allow the licensee to sell ammunition from a fixed
location.
30390. (a) The department may charge ammunition vendor license
applicants a fee sufficient to reimburse the department for the
reasonable costs of administering the license program, maintaining
the registry of ammunition vendors, and necessary enforcement,
provided however, that the fee shall not exceed fifty dollars ($50).
(b) The fees received by the department pursuant to this article
shall be deposited in the Ammunition Vendor's Special Account of the
General Fund, which is hereby created. The revenue in the fund shall
be available, upon appropriation by the Legislature, for use by the
Department of Justice for the purpose of implementing and enforcing
the provisions of this article.
30395. (a) The department is authorized to issue ammunition
vendor licenses to ammunition vendors who the department has
determined are not prohibited by state law from possessing,
receiving, owning, or purchasing a firearm, and who provide a copy of
any regulatory or business license required by local government, a
valid seller's permit issued by the State Board of Equalization, a
federal firearms license if the person is federally licensed, and a
certificate of eligibility issued by the department.
(b) The department shall issue ammunition vendor licenses pursuant
to this article to the following applicants:
(1) A licensed firearms dealer.
(2) Persons on the centralized list maintained by the department
pursuant to Section 28450.
(3) A target facility holding a business or other regulatory
license.
(4) A gunsmith.
(5) A firearms wholesaler.
(6) A manufacturer or importer of firearms or ammunition licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code, and the regulations issued pursuant thereto.
(c) The department shall keep a registry of all licensed
ammunition vendors.
(d) The department shall revoke the license of any ammunition
vendor who violates this article or Article 3 (commencing with
Section 30345) in any combination three times. The ammunition vendor
shall thereafter be permanently ineligible for an ammunition vendor
license.
30400. (a) Prior to July 1, 2015, the Department of Justice shall
adopt regulations to implement the provisions of subdivision (a) of
Section 30312 that allow ammunition to be purchased over the Internet
or through other means of remote ordering if an ammunition vendor in
this state initially receives the ammunition and processes the
transfer in compliance with Section 30312 and Article 3 (commencing
with Section 30345).
(b) The regulations shall include the following components:
(1) A requirement that ammunition vendors promptly and properly
process those transactions.
(2) Requirements that transaction records are not used for
purposes other than completing the transaction.
30400. (a) The Attorney General shall prepare and submit to the
Legislature on or before January 1, 2016, a report concerning all of
the following:
(1) Recommendations for a clear and succinct general procedure
whereby a system may be instituted for instantaneous background
checks that can be conducted for all persons attempting to purchase
ammunition.
(2) The feasibility of integration of that system into the current
firearm registration system.
(3) The feasibility and costs of creating that type of background
check system.
(4) The overall costs of creating and maintaining, and the costs
to individuals of using, that system.
(5) The effect of the system on overall efforts by the Department
of Justice in terms of information and computerized upgrades that the
department is currently undertaking.
(6) Recommendations for any specific statutory changes necessary
to implement the system, if any.
(b) The report required by subdivision (a) shall be submitted
pursuant to Section 9795 of the Government Code.
SEC. 14. SEC. 16. 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.