Amended in Assembly September 3, 2013

Amended in Assembly June 27, 2013

Amended in Senate May 28, 2013

Amended in Senate April 1, 2013

Amended in Senate March 21, 2013

Senate Bill No. 53

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 begin delete expand end delete begin insert , commencing July 1, 2015, use end insert the Prohibited Armed Persons File to begin delete list persons prohibited from acquiring ammunition, and would similarly end delete cross-reference those persons with records of ammunition transactions to determine if these persons have acquired or attempted to acquire ammunition.

(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.

(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.

(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, begin delete 2015 end delete begin insert 2016 end insert , 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, begin delete 2015 end delete begin insert 2016 end insert , authorize issuance of ammunition purchase authorizations by the Department of Justice to applicants who are begin delete residents of this state, end delete 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.

(6) The bill would authorize the Department of Justice to begin delete issue end delete begin insert accept applications for end insert ammunition vendor licenses, commencing begin delete July 1, 2015 end delete begin insert January 1, 2015 end insert . 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 begin delete within the General Fund end delete , 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 begin delete direct the department to adopt regulations by July 1, 2015 relating to Internet ammunition sales, as specified. end delete begin insert require the Attorney General to prepare and submit to the Legislature on or before July 1, 2016, a report concerning, among other things, recommendations for enhancements that could be made to the background check system, as specified. end insert

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

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

(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 begin delete January 1, 2015 end delete begin insert July 1, 2015 end insert , 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.

(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 begin delete Automated Criminal History System end delete
begin insert Department of Justice’s records end insert 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
begin delete January 1, end delete begin insert July 1, end insert 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. 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 begin delete 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 end delete begin insert transferee end insert .

(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. 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. 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 ammunition.

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

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. 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. 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. 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.

(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.

(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. begin insert The department shall check the
submitted information against the Prohibited Armed Persons File.
The vendor shall not share any of the information required by
subdivision (a) for any reason other than for authorized law
enforcement purposes. end insert

(c) Commencing on July 1, begin delete 2015 end delete begin insert 2016 end insert , only those persons listed
below or those persons or entities listed in subdivision (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 (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.

begin delete

(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.

end delete

(d) Commencing July 1, begin delete 2015 end delete begin insert 2016 end insert , the vendor shall
begin insert electronically end insert verify begin insert with the department, in a manner prescribed
by the department, end insert that the person is authorized to purchase
ammunition by begin delete comparing the person’s California driver’s license
number or California identification card number to the
authorization number in end delete begin insert referencing end insert the centralized list of
authorized ammunition purchasers. If the person is not listed as
an authorized ammunition purchaser, the vendor shall deny the
sale.

(e) Subdivisions (a) and (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.

begin insert

(9) 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.

end insert

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. 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 begin delete Authorizations end delete begin insert Felony
Screening end insert

 

30370.  

(a) (1) Commencing on January 1, begin delete 2015 end delete begin insert 2016 end insert , any
person begin delete who is a resident of this state and end delete 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. begin insert The authorization does not authorize a person
to purchase ammunition if the person is or becomes prohibited
from acquiring or possessing ammunition. end insert

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

begin insert

(4) Those persons and entities listed in subdivisions (c) and (e)
of Section 30352 are not required to obtain an authorization under
this article in order to acquire or posses ammunition.

end insert

(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 begin delete by the laws of this state end delete begin insert because of a felony conviction end insert .

(3) The applicant pays the fees set forth in subdivision begin delete (i) end delete begin insert (g) end insert .

begin insert

(4) The applicant submits fingerprint images in compliance with
subdivision (i).

end insert begin insert

(5) The applicant provides a government issued photo
identification.

end insert

(c) (1) Upon receipt of an application, the department shall
examine its records begin delete 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, end delete in order to
determine if the applicant is prohibited from possessing or
acquiring ammunition begin insert due to a felony conviction end insert .

(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 begin delete grant authorization to the applicant end delete begin insert deny the
application and refer the applicant to the file record review
process end insert .

(d) The ammunition purchase authorization shall be revoked
by the department upon the occurrence of any event which would
begin delete have disqualified the holder from being issued the ammunition
purchase authorization pursuant to this section end delete begin insert prohibit the
individual from owning or possessing ammunition end insert .

begin delete

(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.

end delete begin insert

(e) The department shall provide a written notice to the
applicant stating that an authorization under this section does not
authorize a person who is otherwise prohibited from acquiring or
possessing ammunition to acquire or possess ammunition.

end insert

(f) The department shall create an internal centralized list of all
persons who are authorized to purchase ammunition begin delete and provide
access by ammunition vendors to the list for purposes of conducting
ammunition sales end delete . begin insert The photo identification provided with the
application shall be referenced to the person in the centralized
list. end insert Law enforcement agencies shall be provided access to the list
for law enforcement purposes.

(g) The department shall recover the reasonable cost of
begin delete administering end delete begin insert end insert begin insert regulatory and enforcement activities related to the
sale, purchase, possession, loan, or transfer of ammunition
pursuant to end insert this section by charging applicants an initial application
fee begin insert not to exceed fifty dollars ($50), which shall be valid for two
years, and not to exceed fourteen dollars ($14) for the biennial
renewal application to include at a minimum, a new application
and background check end insert .

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

begin insert

(i) Applicants subject to subdivision (a) shall submit fingerprint
images and related information required by the department to the
department for the purposes of obtaining information as to the
existence and content of a record of state or federal convictions.
Fingerprint images and other information may also be used to
obtain information related to state or federal arrests and state or
federal arrests for which the department establishes that the person
is free on bail or on his or her recognizance pending trial or
appeal, for purposes of determining if the arrests resulted in a
conviction.

end insert begin insert

(1) When received, the department shall forward to the Federal
Bureau of Investigation requests for federal summary criminal
history information received pursuant to this section. The
department shall review the information returned from the Federal
Bureau of Investigation and disseminate the result within the
department.

end insert begin insert

(2) The department shall request subsequent notification service,
as provided pursuant to Section 11105.2 of the Penal Code, for
applicants subject to subdivision (a).

end insert begin insert

(3) The department shall charge a reasonable fee sufficient to
cover the cost of processing the request described in this section.

end insert begin delete

(i)

end delete

begin insert (j) end insert  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).

begin delete

(j)

end delete

begin insert (k) end insert  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.

begin delete

(k)

end delete

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

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 begin delete March 1, 2015 end delete begin insert January 1, 2015 end insert , 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 begin delete fifty end delete
begin insert one hundred end insert dollars begin delete ($50) end delete begin insert ($100) end insert .

(b) The fees received by the department pursuant to this article
shall be deposited in the Ammunition Vendor’s Special Account
begin delete of the General Fund end delete , 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.

begin delete

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.

end delete begin insert

begin insert 30400. end insert   

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

(1) Recommendations for enhancements that could be made to
the background check system to capture mental health records,
domestic violence restraining orders, and wanted person’s
information.

(2) The feasibility and costs of implementing enhancements to
the background check system.

(3) The overall costs of creating and maintaining, and the costs
to the individuals of using, that enhanced system.

(4) The feasibility of integrating the ammunition background
check system into the current firearm registration 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 regulation of interstate commerce,
including the Internet sale of ammunition and out-of-state hunters
wanting to purchase ammunition in California.

(7) Recommendations for any specific statutory changes
necessary to implement the recommendations, if any.

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

(c) It is the intent of the Legislature to implement the ammunition
background check system incrementally to minimize cost burdens
to the state. It is also the intent of the Legislature to provide the
Department of Justice the flexibility to develop a more
comprehensive background check system that includes mental
health records and restraining orders. It is the intent of the
Legislature that the department enforce the provisions of this
chapter.

end insert

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.