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, commencing July 1, 2015, use the Prohibited Armed Persons File to 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 requires ammunition vendors to maintain ammunition transaction records, as specified, on the vendor’s premises for a period of 5 years.
This bill would repeal the provisions requiring ammunition transaction records be maintained for 5 years by the vendor.
(6) 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, 2016, 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, 2016, authorize issuance of ammunition purchase authorizations by the Department of Justice to applicants who are 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.
(7) The bill would authorize the Department of Justice to accept applications for ammunition vendor licenses, commencing January 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, 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 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.
By creating a new crime, this bill would impose a state-mandated local program.
(8) The bill would provide that for the provisions discussed above, as specified, “ammunition” does not include blanks.
(9) This bill would incorporate additional changes to Section 11106 of the Penal Code, proposed by AB 500 and AB 539, that would become operative only if this bill and either or both of those bills are chaptered and become effective January 1, 2014, and this bill is chaptered last.
(10) 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 11106 of the Penal Code, as added by
2Section 2.5 of Chapter 745 of the Statutes of 2011, is amended to
3read:
(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
12ammunition purchaser authorizations pursuant to Section 30370,
13ammunition vendor license information pursuant to Article 5
14(commencing with Section 30380) of Chapter 1 of Division 10 of
15Title 4 of Part 6, information required by
Section 30352, dealers’
16records of sales of firearms, reports provided pursuant to Article
171 (commencing with Section 27500) of Chapter 4 of Division 6
P5 1of Title 4 of Part 6, or pursuant to any provision listed in
2subdivision (a) of Section 16585, forms provided pursuant to
3Section 12084, as that section read prior to being repealed, reports
4provided pursuant to Article 1 (commencing with Section 26700)
5and Article 2 (commencing with Section 26800) of Chapter 2 of
6Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
7of firearms, and reports of stolen, lost, found, pledged, or pawned
8property in any city or county of this state, and shall, upon proper
9application therefor, furnish this information to the officers referred
10to in Section 11105.
11(b) (1) The Attorney General shall permanently keep and
12properly
file and maintain all information reported to the
13Department of Justice pursuant to the following provisions as to
14firearms and maintain a registry thereof:
15(A) Article 1 (commencing with Section 26700) and Article 2
16(commencing with Section 26800) of Chapter 2 of Division 6 of
17Title 4 of Part 6.
18(B) Article 1 (commencing with Section 27500) of Chapter 4
19of Division 6 of Title 4 of Part 6.
20(C) Chapter 5 (commencing with Section 28050) of Division 6
21of Title 4 of Part 6.
22(D) Any provision listed in subdivision (a) of Section 16585.
23(E) Former Section 12084.
24(F) Any other law.
25(2) The registry shall consist of all of the following:
26(A) The name, address, identification of, place of birth (state
27or country), complete telephone number, occupation, sex,
28description, and all legal names and aliases ever used by the owner
29or person being loaned the particular firearm as listed on the
30information provided to the department on the Dealers’ Record of
31Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
32in former Section 12084, or reports made to the department
33pursuant to any provision listed in subdivision (a) of Section 16585
34or any other law.
35(B) The name and address of, and other information about, any
36person (whether a dealer or a private party) from whom
the owner
37acquired or the person being loaned the particular firearm and
38when the firearm was acquired or loaned as listed on the
39information provided to the department on the Dealers’ Record of
40Sale, the LEFT, or reports made to the department pursuant to any
P6 1provision listed in subdivision (a) of Section 16585 or any other
2law.
3(C) Any waiting period exemption applicable to the transaction
4which resulted in the owner of or the person being loaned the
5particular firearm acquiring or being loaned that firearm.
6(D) The manufacturer’s name if stamped on the firearm, model
7name or number if stamped on the firearm, and, if applicable, the
8serial number, other number (if more than one serial number is
9stamped on the firearm), caliber, type of firearm, if the firearm is
10new or
used, barrel length, and color of the firearm, or, if the
11firearm is not a handgun and does not have a serial number or any
12identification number or mark assigned to it, that shall be noted.
13(3) Information in the registry referred to in this subdivision
14shall, upon proper application therefor, be furnished to the officers
15referred to in Section 11105, to a city attorney prosecuting a civil
16action, solely for use in prosecuting that civil action and not for
17any other purpose, or to the person listed in the registry as the
18owner or person who is listed as being loaned the particular firearm.
19(4) If any person is listed in the registry as the owner of a firearm
20through a Dealers’ Record of Sale prior to 1979, and the person
21listed in the registry requests by letter that the Attorney General
22store
and keep the record electronically, as well as in the record’s
23existing photographic, photostatic, or nonerasable optically stored
24form, the Attorney General shall do so within three working days
25of receipt of the request. The Attorney General shall, in writing,
26and as soon as practicable, notify the person requesting electronic
27storage of the record that the request has been honored as required
28by this paragraph.
29(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
30of subdivision (b) of Section 11105 may disseminate the name of
31the subject of the record, the number of the firearms listed in the
32record, and the description of any firearm, including the make,
33model, and caliber, from the record relating to any firearm’s sale,
34transfer, registration, or license record, or any information reported
35to the
Department of Justice pursuant to Section 26225, Article 1
36(commencing with Section 26700) and Article 2 (commencing
37with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
386, Article 1 (commencing with Section 27500) of Chapter 4 of
39Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
40Section 28050) of Division 6 of Title 4 of Part 6, Article 2
P7 1(commencing with Section 28150) of Chapter 6 of Division 6 of
2Title 4 of Part 6, Article 5 (commencing with Section 30900) of
3Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
4(commencing with Section 33850) of Division 11 of Title 4 of Part
56, or any provision listed in subdivision (a) of Section 16585, if
6the following conditions are met:
7(A) The subject of the record has been arraigned for a crime in
8which the victim is a person described in subdivisions (a) to (f),
9inclusive,
of Section 6211 of the Family Code and is being
10prosecuted or is serving a sentence for the crime, or the subject of
11the record is the subject of an emergency protective order, a
12temporary restraining order, or an order after hearing, which is in
13effect and has been issued by a family court under the Domestic
14Violence Protection Act set forth in Division 10 (commencing
15with Section 6200) of the Family Code.
16(B) The information is disseminated only to the victim of the
17crime or to the person who has obtained the emergency protective
18order, the temporary restraining order, or the order after hearing
19issued by the family court.
20(C) Whenever a law enforcement officer disseminates the
21information authorized by this subdivision, that officer or another
22officer assigned to the case
shall immediately provide the victim
23of the crime with a “Victims of Domestic Violence” card, as
24specified in subparagraph (H) of paragraph (9) of subdivision (c)
25of Section 13701.
26(2) The victim or person to whom information is disseminated
27pursuant to this subdivision may disclose it as he or she deems
28necessary to protect himself or herself or another person from
29bodily harm by the person who is the subject of the record.
30(d) This section shall become operative January 1, 2014.
Section 11106 of the Penal Code, as added by Section
322.5 of Chapter 745 of the Statutes of 2011, is amended to read:
(a) In order to assist in the investigation of crime, the
34prosecution of civil actions by city attorneys pursuant to paragraph
35(3) of subdivision (b), the arrest and prosecution of criminals, and
36the recovery of lost, stolen, or found property, the Attorney General
37shall keep and properly file a complete record of all copies of
38fingerprints, copies of licenses to carry firearms issued pursuant
39to Section 26150, 26155, 26170, or 26215, information reported
40to the Department of Justice pursuant to Section 26225, copies of
P8 1ammunition purchaser authorizations pursuant to Section 30370,
2ammunition vendor license information pursuant to Article 5
3(commencing with Section 30380) of Chapter 1 of Division 10 of
4Title 4 of Part 6, information required by
Section 30352, dealers’
5records of sales of firearms, reports provided pursuant to Article
61 (commencing with Section 27500) of Chapter 4 of Division 6
7of Title 4 of Part 6, or pursuant to any provision listed in
8subdivision (a) of Section 16585, forms provided pursuant to
9Section 12084, as that section read prior to being repealed, reports
10provided pursuant to Article 1 (commencing with Section 26700)
11and Article 2 (commencing with Section 26800) of Chapter 2 of
12Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
13of firearms, information provided pursuant to Section 28255, and
14reports of stolen, lost, found, pledged, or pawned property in any
15city or county of this state, and shall, upon proper application
16therefor, furnish this information to the officers referred to in
17Section 11105.
18(b) (1) The Attorney General shall permanently keep and
19properly file and maintain all information reported to the
20Department of Justice pursuant to the following provisions as to
21firearms and maintain a registry thereof:
22(A) Article 1 (commencing with Section 26700) and Article 2
23(commencing with Section 26800) of Chapter 2 of Division 6 of
24Title 4 of Part 6.
25(B) Article 1 (commencing with Section 27500) of Chapter 4
26of Division 6 of Title 4 of Part 6.
27(C) Chapter 5 (commencing with Section 28050) of Division 6
28of Title 4 of Part 6.
29(D) Any provision listed in subdivision (a) of Section 16585.
30(E) Former Section 12084.
31(F) Section 28255.
32(G) Any other law.
33(2) The registry shall consist of all of the following:
34(A) The name, address, identification of, place of birth (state
35or country), complete telephone number, occupation, sex,
36description, and all legal names and aliases ever used by the owner
37or person being loaned the particular firearm as listed on the
38information provided to the department on the Dealers’ Record of
39Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
40in former Section 12084, or reports made to the department
P9 1pursuant to any provision listed in subdivision (a) of Section 16585,
2Section 28255, or any
other law.
3(B) The name and address of, and other information about, any
4person (whether a dealer or a private party) from whom the owner
5acquired or the person being loaned the particular firearm and
6when the firearm was acquired or loaned as listed on the
7information provided to the department on the Dealers’ Record of
8Sale, the LEFT, or reports made to the department pursuant to any
9provision listed in subdivision (a) of Section 16585 or any other
10law.
11(C) Any waiting period exemption applicable to the transaction
12which resulted in the owner of or the person being loaned the
13particular firearm acquiring or being loaned that firearm.
14(D) The manufacturer’s name if stamped on the firearm, model
15name or number if
stamped on the firearm, and, if applicable, the
16serial number, other number (if more than one serial number is
17stamped on the firearm), caliber, type of firearm, if the firearm is
18new or used, barrel length, and color of the firearm, or, if the
19firearm is not a handgun and does not have a serial number or any
20identification number or mark assigned to it, that shall be noted.
21(3) Information in the registry referred to in this subdivision
22shall, upon proper application therefor, be furnished to the officers
23referred to in Section 11105, to a city attorney prosecuting a civil
24action, solely for use in prosecuting that civil action and not for
25any other purpose, or to the person listed in the registry as the
26owner or person who is listed as being loaned the particular firearm.
27(4) If any
person is listed in the registry as the owner of a firearm
28through a Dealers’ Record of Sale prior to 1979, and the person
29listed in the registry requests by letter that the Attorney General
30store and keep the record electronically, as well as in the record’s
31existing photographic, photostatic, or nonerasable optically stored
32form, the Attorney General shall do so within three working days
33of receipt of the request. The Attorney General shall, in writing,
34and as soon as practicable, notify the person requesting electronic
35storage of the record that the request has been honored as required
36by this paragraph.
37(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
38of subdivision (b) of Section 11105 may disseminate the name of
39the subject of the record, the number of the firearms listed in the
40record, and
the description of any firearm, including the make,
P10 1model, and caliber, from the record relating to any firearm’s sale,
2transfer, registration, or license record, or any information reported
3to the Department of Justice pursuant to Section 26225, Article 1
4(commencing with Section 26700) and Article 2 (commencing
5with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
66, Article 1 (commencing with Section 27500) of Chapter 4 of
7Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
8Section 28050) of Division 6 of Title 4 of Part 6, Article 2
9(commencing with Section 28150) of Chapter 6 of Division 6 of
10Title 4 of Part 6, Article 5 (commencing with Section 30900) of
11Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
12(commencing with Section 33850) of Division 11 of Title 4 of Part
136, or any provision listed in subdivision (a) of Section 16585, if
14the following conditions are met:
15(A) The subject of the record has been arraigned for a crime in
16which the victim is a person described in subdivisions (a) to (f),
17inclusive, of Section 6211 of the Family Code and is being
18prosecuted or is serving a sentence for the crime, or the subject of
19the record is the subject of an emergency protective order, a
20temporary restraining order, or an order after hearing, which is in
21effect and has been issued by a family court under the Domestic
22Violence Protection Act set forth in Division 10 (commencing
23with Section 6200) of the Family Code.
24(B) The information is disseminated only to the victim of the
25crime or to the person who has obtained the emergency protective
26order, the temporary restraining order, or the order after hearing
27issued by the family court.
28(C) Whenever a law enforcement officer disseminates the
29information authorized by this subdivision, that officer or another
30officer assigned to the case shall immediately provide the victim
31of the crime with a “Victims of Domestic Violence” card, as
32specified in subparagraph (H) of paragraph (9) of subdivision (c)
33of Section 13701.
34(2) The victim or person to whom information is disseminated
35pursuant to this subdivision may disclose it as he or she deems
36necessary to protect himself or herself or another person from
37bodily harm by the person who is the subject of the record.
Section 11106 of the Penal Code, as added by Section
392.5 of Chapter 745 of the Statutes of 2011, is amended to read:
(a) In order to assist in the investigation of crime, the
2prosecution of civil actions by city attorneys pursuant to paragraph
3(3) of subdivision (b), the arrest and prosecution of criminals, and
4the recovery of lost, stolen, or found property, the Attorney General
5shall keep and properly file a complete record of all copies of
6fingerprints, copies of licenses to carry firearms issued pursuant
7to Section 26150, 26155, 26170, or 26215, information reported
8to the Department of Justice pursuant to Section 26225 or 29830,
9
copies of ammunition purchaser authorizations pursuant to Section
1030370, ammunition vendor license information pursuant to Article
115 (commencing with Section 30380) of Chapter 1 of Division 10
12of Title 4 of Part 6, information required by Section 30352, dealers’
13records of sales of firearms, reports provided pursuant to Article
141 (commencing with Section 27500) of Chapter 4 of Division 6
15of Title 4 of Part 6, or pursuant to any provision listed in
16subdivision (a) of Section 16585, forms provided pursuant to
17Section 12084, as that section read prior to being repealed, reports
18provided pursuant to Article 1 (commencing with Section 26700)
19and Article 2 (commencing with Section 26800) of Chapter 2 of
20Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
21of firearms, and reports of stolen, lost, found, pledged, or pawned
22property in any city or county of this state, and
shall, upon proper
23application therefor, furnish this information to the officers referred
24to in Section 11105.
25(b) (1) The Attorney General shall permanently keep and
26properly file and maintain all information reported to the
27Department of Justice pursuant to the following provisions as to
28firearms and maintain a registry thereof:
29(A) Article 1 (commencing with Section 26700) and Article 2
30(commencing with Section 26800) of Chapter 2 of Division 6 of
31Title 4 of Part 6.
32(B) Article 1 (commencing with Section 27500) of Chapter 4
33of Division 6 of Title 4 of Part 6.
34(C) Chapter 5 (commencing with Section 28050) of Division 6
35of
Title 4 of Part 6.
36(D) Any provision listed in subdivision (a) of Section 16585.
37(E) Former Section 12084.
38(F) Any other law.
39(2) The registry shall consist of all of the following:
P12 1(A) The name, address, identification of, place of birth (state
2or country), complete telephone number, occupation, sex,
3description, and all legal names and aliases ever used by the owner
4or person being loaned the particular firearm as listed on the
5information provided to the department on the Dealers’ Record of
6Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
7in former Section 12084, or reports made to the
department
8pursuant to any provision listed in subdivision (a) of Section 16585
9or any other law.
10(B) The name and address of, and other information about, any
11person (whether a dealer or a private party) from whom the owner
12acquired or the person being loaned the particular firearm and
13when the firearm was acquired or loaned as listed on the
14information provided to the department on the Dealers’ Record of
15Sale, the LEFT, or reports made to the department pursuant to any
16provision listed in subdivision (a) of Section 16585 or any other
17law.
18(C) Any waiting period exemption applicable to the transaction
19which resulted in the owner of or the person being loaned the
20particular firearm acquiring or being loaned that firearm.
21(D) The manufacturer’s name if stamped on the firearm, model
22name or number if stamped on the firearm, and, if applicable, the
23serial number, other number (if more than one serial number is
24stamped on the firearm), caliber, type of firearm, if the firearm is
25new or used, barrel length, and color of the firearm, or, if the
26firearm is not a handgun and does not have a serial number or any
27identification number or mark assigned to it, that shall be noted.
28(3) Information in the registry referred to in this subdivision
29shall, upon proper application therefor, be furnished to the officers
30referred to in Section 11105, to a city attorney prosecuting a civil
31action, solely for use in prosecuting that civil action and not for
32any other purpose, or to the person listed in the registry as the
33owner or person who is listed as being loaned the
particular firearm.
34(4) If any person is listed in the registry as the owner of a firearm
35through a Dealers’ Record of Sale prior to 1979, and the person
36listed in the registry requests by letter that the Attorney General
37store and keep the record electronically, as well as in the record’s
38existing photographic, photostatic, or nonerasable optically stored
39form, the Attorney General shall do so within three working days
40
of receipt of the request. The Attorney General shall, in writing,
P13 1and as soon as practicable, notify the person requesting electronic
2storage of the record that the request has been honored as required
3by this paragraph.
4(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
5of subdivision (b) of Section 11105 may disseminate the name of
6the subject of the record, the number of the firearms listed in the
7record, and the description of any firearm, including the make,
8model, and caliber, from the record relating to any firearm’s sale,
9transfer, registration, or license record, or any information reported
10to the Department of Justice pursuant to Section 26225, Article 1
11(commencing with Section 26700) and Article 2 (commencing
12with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
136,
Article 1 (commencing with Section 27500) of Chapter 4 of
14Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
15
Section 28050) of Division 6 of Title 4 of Part 6, Article 2
16(commencing with Section 28150) of Chapter 6 of Division 6 of
17Title 4 of Part 6, Article 5 (commencing with Section 30900) of
18Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
19(commencing with Section 33850) of Division 11 of Title 4 of Part
206, or any provision listed in subdivision (a) of Section 16585, if
21the following conditions are met:
22(A) The subject of the record has been arraigned for a crime in
23which the victim is a person described in subdivisions (a) to (f),
24inclusive, of Section 6211 of the Family Code and is being
25prosecuted or is serving a sentence for the crime, or the subject of
26the record is the subject of an emergency protective order, a
27temporary restraining order, or an order after hearing, which is in
28effect and has been issued by a
family court under the Domestic
29Violence Protection Act set forth in Division 10 (commencing
30with Section 6200) of the Family Code.
31(B) The information is disseminated only to the victim of the
32crime or to the person who has obtained the emergency protective
33order, the temporary restraining order, or the order after hearing
34issued by the family court.
35(C) Whenever a law enforcement officer disseminates the
36information authorized by this subdivision, that officer or another
37officer assigned to the case shall immediately provide the victim
38of the crime with a “Victims of Domestic Violence” card, as
39specified in subparagraph (H) of paragraph (9) of subdivision (c)
40of Section 13701.
P14 1(2) The victim or person to whom
information is disseminated
2pursuant to this subdivision may disclose it as he or she deems
3necessary to protect himself or herself or another person from
4bodily harm by the person who is the subject of the record.
Section 11106 of the Penal Code, as added by Section
62.5 of Chapter 745 of the Statutes of 2011, is amended to read:
(a) In order to assist in the investigation of crime, the
8prosecution of civil actions by city attorneys pursuant to paragraph
9(3) of subdivision (b), the arrest and prosecution of criminals, and
10the recovery of lost, stolen, or found property, the Attorney General
11shall keep and properly file a complete record of all copies of
12fingerprints, copies of licenses to carry firearms issued pursuant
13to Section 26150, 26155, 26170, or 26215, information reported
14to the Department of Justice pursuant to Section 26225 or 29830,
15copies of ammunition purchaser authorizations pursuant to Section
1630370, ammunition vendor license information pursuant to Article
175 (commencing with Section 30380) of Chapter 1 of Division 10
18of Title 4 of Part 6, information
required by Section 30352, dealers’
19records of sales of firearms, reports provided pursuant to Article
201 (commencing with Section 27500) of Chapter 4 of Division 6
21of Title 4 of Part 6, or pursuant to any provision listed in
22subdivision (a) of Section 16585, forms provided pursuant to
23Section 12084, as that section read prior to being repealed, reports
24provided pursuant to Article 1 (commencing with Section 26700)
25and Article 2 (commencing with Section 26800) of Chapter 2 of
26Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
27of firearms, information provided pursuant to Section 28255, and
28reports of stolen, lost, found, pledged, or pawned property in any
29city or county of this state, and shall, upon proper application
30therefor, furnish this information to the officers referred to in
31Section 11105.
32(b) (1) The Attorney General shall permanently keep and
33properly file and maintain all information reported to the
34Department of Justice pursuant to the following provisions as to
35firearms and maintain a registry thereof:
36(A) Article 1 (commencing with Section 26700) and Article 2
37(commencing with Section 26800) of Chapter 2 of Division 6 of
38Title 4 of Part 6.
39(B) Article 1 (commencing with Section 27500) of Chapter 4
40of Division 6 of Title 4 of Part 6.
P15 1(C) Chapter 5 (commencing with Section 28050) of Division 6
2of Title 4 of Part 6.
3(D) Any provision listed in subdivision (a) of Section 16585.
4(E) Former Section 12084.
5(F) Section 28255.
6(G) Any other law.
7(2) The registry shall consist of all of the following:
8(A) The name, address, identification of, place of birth (state
9or country), complete telephone number, occupation, sex,
10description, and all legal names and aliases ever used by the owner
11or person being loaned the particular firearm as listed on the
12information provided to the department on the Dealers’ Record of
13Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
14in former Section 12084, or reports made to the department
15pursuant to any provision listed in subdivision (a) of Section 16585,
16Section 28255, or any other law.
17(B) The name and address of, and other information about, any
18person (whether a dealer or a private party) from whom the owner
19acquired or the person being loaned the particular firearm and
20when the firearm was acquired or loaned as listed on the
21information provided to the department on the Dealers’ Record of
22Sale, the LEFT, or reports made to the department pursuant to any
23provision listed in subdivision (a) of Section 16585 or any other
24law.
25(C) Any waiting period exemption applicable to the transaction
26which resulted in the owner of or the person being loaned the
27particular firearm acquiring or being loaned that firearm.
28(D) The manufacturer’s name if stamped on the firearm, model
29name or number if stamped on the
firearm, and, if applicable, the
30serial number, other number (if more than one serial number is
31stamped on the firearm), caliber, type of firearm, if the firearm is
32new or used, barrel length, and color of the firearm, or, if the
33firearm is not a handgun and does not have a serial number or any
34identification number or mark assigned to it, that shall be noted.
35(3) Information in the registry referred to in this subdivision
36shall, upon proper application therefor, be furnished to the officers
37referred to in Section 11105, to a city attorney prosecuting a civil
38action, solely for use in prosecuting that civil action and not for
39any other purpose, or to the person listed in the registry as the
40owner or person who is listed as being loaned the particular firearm.
P16 1(4) If any person is
listed in the registry as the owner of a firearm
2through a Dealers’ Record of Sale prior to 1979, and the person
3listed in the registry requests by letter that the Attorney General
4store and keep the record electronically, as well as in the record’s
5existing photographic, photostatic, or nonerasable optically stored
6form, the Attorney General shall do so within three working days
7of receipt of the request. The Attorney General shall, in writing,
8and as soon as practicable, notify the person requesting electronic
9storage of the record that the request has been honored as required
10by this paragraph.
11(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
12of subdivision (b) of Section 11105 may disseminate the name of
13 the subject of the record, the number of the firearms listed in the
14record, and the description
of any firearm, including the make,
15model, and caliber, from the record relating to any firearm’s sale,
16transfer, registration, or license record, or any information reported
17to the Department of Justice pursuant to Section 26225, Article 1
18(commencing with Section 26700) and Article 2 (commencing
19with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
206, Article 1 (commencing with Section 27500) of Chapter 4 of
21Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
22Section 28050) of Division 6 of Title 4 of Part 6, Article 2
23(commencing with Section 28150) of Chapter 6 of Division 6 of
24Title 4 of Part 6, Article 5 (commencing with Section 30900) of
25Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
26(commencing with Section 33850) of Division 11 of Title 4 of Part
276, or any provision listed in subdivision (a) of Section 16585, if
28the following conditions are met:
29(A) The subject of the record has been arraigned for a crime in
30which the victim is a person described in subdivisions (a) to (f),
31inclusive, of Section 6211 of the Family Code and is being
32prosecuted or is serving a sentence for the crime, or the subject of
33the record is the subject of an emergency protective order, a
34temporary restraining order, or an order after hearing, which is in
35effect and has been issued by a family court under the Domestic
36Violence Protection Act set forth in Division 10 (commencing
37with Section 6200) of the Family Code.
38(B) The information is disseminated only to the victim of the
39crime or to the person who has obtained the emergency protective
P17 1order, the temporary restraining order, or the order after hearing
2issued by the family court.
3(C) Whenever a law enforcement officer disseminates the
4information authorized by this subdivision, that officer or another
5officer assigned to the case shall immediately provide the victim
6of the crime with a “Victims of Domestic Violence” card, as
7specified in subparagraph (H) of paragraph (9) of subdivision (c)
8of Section 13701.
9(2) The victim or person to whom information is disseminated
10pursuant to this subdivision may disclose it as he or she deems
11necessary to protect himself or herself or another person from
12bodily harm by the person who is the subject of the record.
Section 16663 is added to the Penal Code, to read:
(a) As used in this part, “ammunition vendor” means
15any person, firm, corporation, dealer, or any other business
16enterprise that is engaged in the retail sale of any ammunition, or
17that holds itself out as engaged in the business of selling any
18ammunition.
19(b) Commencing July 1, 2015, “ammunition vendor” means
20any person or responsible person, as defined in Section 30385, of
21an entity described in subdivision (a) who has a current ammunition
22vendor license, pursuant to Section 30385.
Section 17315 of the Penal Code is amended to read:
As used in Article 3 (commencing with Section 30345)
25of Chapter 1 of Division 10 of Title 4, “vendor” means an
26ammunition vendor.
Section 30000 of the Penal Code is amended to read:
(a) The Attorney General shall establish and maintain
29an online database to be known as the Prohibited Armed Persons
30File. The purpose of the file is to cross-reference persons who have
31ownership or possession of a firearm on or after January 1, 1991,
32as indicated by a record in the Consolidated Firearms Information
33System, and who, subsequent to the date of that ownership or
34possession of a firearm, fall within a class of persons who are
35prohibited from owning or possessing a firearm.
36(b) Commencing July 1, 2015, the file shall also be used to
37cross-reference persons who acquire ammunition to determine if
38those persons fall within a class of persons who are prohibited
39from
owning or possessing ammunition.
P18 1(c) The information contained in the Prohibited Armed Persons
2File shall only be available to those entities specified in, and
3pursuant to, subdivision (b) or (c) of Section 11105, through the
4California Law Enforcement Telecommunications System, for the
5purpose of determining if persons are armed and prohibited from
6possessing firearms or ammunition.
Section 30005 of the Penal Code is amended to read:
The Prohibited Armed Persons File database shall
9function as follows:
10(a) Upon entry into the Department of Justice’s records of a
11disposition for a conviction of any felony, a conviction for any
12firearms-prohibiting charge specified in Chapter 2 (commencing
13with Section 29800), a conviction for an offense described in
14Chapter 3 (commencing with Section 29900), a firearms prohibition
15pursuant to Section 8100 or 8103 of the Welfare and Institutions
16Code, or any firearms possession prohibition identified by the
17federal National Instant Criminal Background Check System, the
18Department of Justice shall determine if the subject has an entry
19in the Consolidated Firearms Information System indicating
20
possession or ownership of a firearm on or after January 1, 1991,
21or an assault weapon registration, or a .50 BMG rifle registration,
22or commencing July 1, 2015, acquisition of ammunition.
23(b) Upon an entry into any department automated information
24system that is used for the identification of persons who are
25prohibited by state or federal law from acquiring, owning, or
26possessing firearms, the department shall determine if the subject
27has an entry in the Consolidated Firearms Information System
28indicating ownership or possession of a firearm on or after January
291, 1991, or an assault weapon registration, or a .50 BMG rifle
30registration.
31(c) If the department determines that, pursuant to subdivision
32(a) or (b), the subject has an entry in the Consolidated Firearms
33Information
System indicating possession or ownership of a firearm
34on or after January 1, 1991, or an assault weapon registration, or
35a .50 BMG rifle registration, the following information shall be
36entered into the Prohibited Armed Persons File:
37(1) The subject’s name.
38(2) The subject’s date of birth.
39(3) The subject’s physical description.
P19 1(4) Any other identifying information regarding the subject that
2is deemed necessary by the Attorney General.
3(5) The basis of the firearms possession and ammunition
4prohibition.
5(6) A description of all firearms
owned or possessed by the
6subject, as reflected by the Consolidated Firearms Information
7System.
Section 30312 of the Penal Code is amended to read:
(a) (1) The delivery or transfer of ownership of
10ammunition may only occur in a face-to-face transaction with the
11deliverer or transferor being provided bona fide evidence of identity
12from the purchaser or other transferee, provided, however, that
13ammunition may be purchased over the Internet or through other
14means of remote ordering if an ammunition vendor in this state
15initially receives the ammunition and processes the transfer in
16compliance with this section and Article 3 (commencing with
17Section 30345). An ammunition vendor is required to promptly
18and properly process those transactions. An ammunition vendor
19is not required to house ammunition orders longer than 30 days.
20(2) Commencing July 1, 2015, the sale of ammunition may only
21be conducted by an ammunition vendor licensed pursuant to
22Section 30385.
23(3) For purposes of this section, “ammunition” does not include
24blanks.
25(b) Subdivision (a) shall not apply to or affect the sale, delivery,
26or transfer of ammunition to any of the following:
27(1) An authorized law enforcement representative of a city,
28county, city and county, or state or federal government, if the sale,
29delivery, or transfer is for exclusive use by that government agency
30and, prior to the sale, delivery, or transfer of the ammunition,
31written authorization from the head of the agency employing the
32purchaser or transferee is obtained, identifying the employee as
33an
individual authorized to conduct the transaction, and authorizing
34the transaction for the exclusive use of the agency employing the
35individual.
36(2) A sworn peace officer, as defined in Chapter 4.5
37(commencing with Section 830) of Title 3 of Part 2 who is
38authorized to carry a firearm in the course and scope of the officer’s
39duties.
P20 1(3) An importer or manufacturer of ammunition or firearms
2who is licensed to engage in business pursuant to Chapter 44
3(commencing with Section 921) of Title 18 of the United States
4Code and the regulations issued pursuant thereto.
5(4) A person who is on the centralized list maintained by the
6Department of Justice pursuant to Article 6 (commencing with
7Section 28450) of Chapter 6 of
Division 6 of this title.
8(5) A person whose licensed premises are outside this state and
9who is licensed as a dealer or collector of firearms pursuant to
10Chapter 44 (commencing with Section 921) of Title 18 of the
11United States Code and the regulations issued pursuant thereto.
12(6) A person who is licensed as a collector of firearms pursuant
13to Chapter 44 (commencing with Section 921) of Title 18 of the
14United States Code and the regulations issued pursuant thereto,
15whose licensed premises are within this state, and who has a current
16certificate of eligibility issued by the Department of Justice
17pursuant to Section 26710.
18(7) An ammunition vendor.
19(8) A consultant-evaluator.
20(9) A participant at an event organized by a nonprofit mutual
21or public benefit corporation, where the sale, transfer, or delivery
22is by a nonprofit mutual or public benefit corporation organized
23pursuant to the Corporations Code, where the ammunition is to be
24used and consumed on the premises of an event conducted by that
25nonprofit or public benefit corporation, and the event is at a target
26range which holds a regulatory or business license.
27(c) A violation of this section is a misdemeanor.
The heading of Article 3 (commencing with Section
2930345) of Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal
30Code is amended to read:
31
Section 30345 of the Penal Code is amended to read:
(a) A vendor shall comply with all of the conditions,
36requirements, and prohibitions stated in this article.
37(b) Commencing July 1, 2015, an ammunition vendor shall be
38licensed by the Department of Justice in order to sell ammunition.
39(c) For purposes of this article, “ammunition” does not include
40blanks.
Section 30347 of the Penal Code is amended to read:
A vendor shall not permit any employee who the vendor
3knows or reasonably should know is a person described in Chapter
42 (commencing with Section 29800) or Chapter 3 (commencing
5with Section 29900) of Division 9 of this title or Section 8100 or
68103 of the Welfare and Institutions Code to handle, sell, or deliver
7ammunition in the course and scope of employment.
Section 30348 is added to the Penal Code, to read:
(a) Except as provided in subdivision (b), the sale of
10ammunition shall be conducted at the location specified in the
11license.
12(b) A vendor may sell ammunition at a gun show or event if the
13gun show or event is not conducted from any motorized or towed
14vehicle.
15(c) For purposes of this section, “gun show or event” means a
16function sponsored by any national, state, or local organization,
17devoted to the collection, competitive use, or other sporting use
18of firearms, or an organization or association that sponsors
19functions devoted to the collection, competitive use, or other
20sporting use of firearms
in the community.
21(d) Sales of ammunition at a gun show or event shall comply
22with Sections 30347, 30350, 30352, and 30360.
Section 30350 of the Penal Code is amended to read:
A vendor shall not sell, offer for sale, or display for
25sale any ammunition in a manner that allows that ammunition to
26be accessible to a purchaser or transferee without the assistance
27of the vendor or an employee of the vendor.
Section 30352 of the Penal Code is amended to read:
(a) A vendor shall not sell any ammunition without,
30at the time of delivery, legibly recording the following information:
31(1) The date of the sale.
32(2) The purchaser’s driver’s license or other identification
33number and the state in which it was issued.
34(3) The brand, type, and amount of ammunition sold.
35(4) The name of the salesperson who processed the sale or other
36transaction.
37(5) The purchaser’s full residential address and telephone
38number.
39(6) The purchaser’s date of birth.
P22 1(b) Commencing July 1, 2015, the vendor shall submit to the
2department the information required by subdivision (a) in a format
3and a manner prescribed by the department for all sales of
4ownership of ammunition. The department shall check the
5submitted information against the Prohibited Armed Persons File.
6The vendor shall not share any of the information required by
7subdivision (a) for any reason other than for authorized law
8enforcement purposes.
9(c) Commencing on July 1, 2016, only those persons listed
10below or those persons or entities listed in subdivision (e) shall be
11authorized to purchase ammunition. Prior to the delivery of the
12ammunition, the vendor shall verify that the
person who is
13receiving delivery of the ammunition is a properly identified person
14or entity listed in subdivision (e) or one of the following:
15(1) A person authorized to purchase ammunition pursuant to
16Section 30370.
17(2) A person who is authorized to carry loaded firearms pursuant
18to Section 25900, 25905, 25910, 25925, 26010, 26015, 26025, or
1926030.
20(3) A holder of a special weapons permit issued by the
21department pursuant to Section 32650 or 33300, pursuant to Article
223 (commencing with Section 18900) of Chapter 1 of Division 5
23of Title 2, or pursuant to Article 4 (commencing with Section
2432700) of Chapter 6 of this division.
25(4) A holder of a
current certificate of eligibility issued pursuant
26to Section 26710.
27(5) A holder of a valid entertainment firearms permit issued
28pursuant to Chapter 2 (commencing with Section 29500) of
29Division 8.
30(d) Commencing July 1, 2016, the vendor shall electronically
31verify with the department, in a manner prescribed by the
32department, that the person is authorized to purchase ammunition
33by referencing the centralized list of authorized ammunition
34purchasers. If the person is not listed as an authorized ammunition
35purchaser, the vendor shall deny the sale.
36(e) Subdivisions (a) and (d) shall not apply to or affect sales or
37other transfers of ownership of ammunition by ammunition vendors
38to any of the following, if
properly identified:
39(1) A person licensed pursuant to Sections 26700 to 26915,
40inclusive.
P23 1(2) An ammunition vendor.
2(3) A person who is on the centralized list maintained by the
3department pursuant to Article 6 (commencing with Section 28450)
4of Chapter 6 of Division 6 of this title.
5(4) A target facility that holds a business or regulatory license.
6(5) A gunsmith.
7(6) A wholesaler.
8(7) A manufacturer or importer of firearms or ammunition
9licensed pursuant to Chapter 44
(commencing with Section 921)
10of Title 18 of the United States Code, and the regulations issued
11pursuant thereto.
12(8) An authorized law enforcement representative of a city,
13county, city and county, or state or federal government, if the sale
14or other transfer of ownership is for exclusive use by that
15government agency, and, prior to the sale, delivery, or transfer of
16the ammunition, written authorization from the head of the agency
17authorizing the transaction is presented to the person from whom
18the purchase, delivery, or transfer is being made. Proper written
19authorization is defined as verifiable written certification from the
20head of the agency by which the purchaser, transferee, or person
21otherwise acquiring ownership is employed, identifying the
22employee as an individual authorized to conduct the transaction,
23and authorizing the
transaction for the exclusive use of the agency
24by which that individual is employed.
25(9) The Department of Justice, any police department, any
26sheriff’s official, any marshal’s office, the Youth and Adult
27Correctional Agency, the Department of the California Highway
28Patrol, any district attorney’s office, any federal law enforcement
29agency or the military or naval forces of this state or of the United
30States for use in the discharge of their official duties, and sworn
31members of these agencies.
Section 30355 of the Penal Code is repealed.
Section 30365 of the Penal Code is amended to read:
(a) A violation of subdivision (b) of Section 30345,
35Section 30347, 30350, 30352, 30360, or 30362 is a misdemeanor.
36(b) The provisions of this section are cumulative, and shall not
37be construed as restricting the application of any other law.
38However, an act or omission punishable in different ways by
39different provisions of law shall not be punished under more than
40one provision.
Article 4 (commencing with Section 30370) is added
2to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code,
3to read:
4
(a) (1) Commencing on January 1, 2016, any person
8who is 18 years of age or older may apply to the department for
9an ammunition purchase authorization.
10(2) The ammunition purchase authorization shall entitle the
11authorized person to purchase ammunition from an ammunition
12vendor as that term is defined in Section 16663 and shall have no
13other force or effect. The authorization does not authorize a person
14to purchase ammunition if the person is or becomes prohibited
15from acquiring or possessing ammunition.
16(3) For purposes of this article, “ammunition” does not include
17blanks.
18(4) Those persons and entities listed in subdivisions (c) and (e)
19of Section 30352 are not required to obtain an authorization under
20this article in order to acquire or posses ammunition.
21(b) begin deleteThe end deletebegin insertExcept as provided in subdivision (c), theend insertbegin insert end insertdepartment
22shall issue an ammunition purchase authorization to the applicant
23if all of the following conditions are met:
24(1) The applicant is 18 years of age or older.
25(2) The
applicant is not prohibited from acquiring or possessing
26ammunition because of a felony conviction.
27(3) The applicant pays the fees set forth in subdivisionbegin delete (g)end deletebegin insert (h)end insert.
28(4) The applicant submits fingerprint images in compliance with
29subdivisionbegin delete (i)end deletebegin insert (j)end insert.
30(5) The applicant provides abegin delete government issuedend delete
31begin insert
government-issuedend insert photo identification.
32(c) The department shall issue an ammunition purchase
33authorization to the applicant if the applicant is a firearms
34purchaser who submits firearms purchaser information to the
35department, for a firearm purchase occurring on or after January
361, 2016, passed a background check in connection with that
37purchase, and that information can be found on the department’s
38automated system, provided the applicant is not prohibited by state
39or federal law from possessing, receiving, owning, or purchasing
40a firearm or a person described in subdivision (a) of Sections
P25 127535. Eligible firearms purchasers shall apply with the
2department in a manner and form prescribed by the department
3and are subject to a fee not to exceed the reasonable costs of the
4actual processing costs of the
department, including checking the
5automated firearms system but not to exceed ten dollars ($10). An
6application submitted simultaneously with a firearm purchase
7shall be approved within 10 days if the applicant passes the
8background check for the firearm purchase.
9(c)
end delete
10begin insert(d)end insert (1) Upon receipt of an application, the department shallbegin insert,
11except for those applicants described in subdivision (c),end insert examine
12its records in order to determine if the applicant is prohibited from
13possessing or acquiring
ammunition due to a felony conviction.
14(2) The applicant shall be approved or denied within 30 days
15of the date of the application. If the application is denied, the
16department shall state the reasons for doing so and provide the
17applicant an appeal process to challenge that denial.
18(3) If the department is unable to ascertain the final disposition
19of the application within 30 days of the applicant’s submission,
20the department shall deny the application and refer the applicant
21to the file record review process.
22(d)
end delete
23begin insert(e)end insert The ammunition purchase authorization shall be revoked by
24the department upon the occurrence of any event which would
25prohibit the individual from owning or possessing ammunition.
26(e)
end delete
27begin insert(f)end insert The department shall provide a written notice to the applicant
28stating that an authorization under this section does not authorize
29a person who is otherwise prohibited from acquiring or possessing
30ammunition to acquire or possess ammunition.
31(f)
end delete
32begin insert(g)end insert The department shall create an internal centralized list of
33all persons who are authorized to purchase ammunition. The photo
34identification provided with the application shall be referenced to
35the person in the centralized list. Law enforcement agencies shall
36be provided access to the list for law enforcement purposes.
37(g)
end delete
38begin insert(h)end insert The department shall recover the reasonable cost of
39regulatory and enforcement activities related to the sale, purchase,
40possession,
loan, or transfer of ammunition pursuant to this section
P26 1by charging applicantsbegin insert described in subdivision (b)end insert an initial
2application fee not to exceed fifty dollars ($50), including
3fingerprint fees, which shall be valid for two years, and not to
4exceed fourteen dollars ($14) for the biennial renewal application
5to include at a minimum, a new applicationbegin delete and background checkend delete
6begin insert
for all applicantsend insert.
7(h)
end delete
8begin insert(i)end insert All fees received pursuant to this section shall be deposited
9into the Dealer’s Record of Sale Special Account of the General
10Fund.
11(i)
end delete
12begin insert(j)end insert Applicants subject to subdivision (a) shall submit fingerprint
13images and related
information required by the department to the
14department for the purposes of obtaining information as to the
15existence and content of a record of state or federal convictions.
16Fingerprint images and other information may also be used to
17obtain information related to state or federal arrests and state or
18federal arrests for which the department establishes that the person
19is free on bail or on his or her recognizance pending trial or appeal,
20for purposes of determining if the arrests resulted in a conviction.
21(1) When received, the department shall forward to the Federal
22Bureau of Investigation requests for federal summary criminal
23history information received pursuant to this section. The
24department shall review the information returned from the Federal
25Bureau of Investigation and disseminate the result within the
26department.
27(2) The department shall request subsequent notification service,
28as provided pursuant to Section 11105.2 of the Penal Code, for
29applicants subject to subdivision (a).
30(3) The department shall charge a reasonable fee sufficient to
31cover the cost of processing the request described in this section.
32(j)
end delete
33begin insert(k)end insert The implementation of this section by the department is
34exempt from the Administrative Procedure Act (Chapter 3.5
35(commencing with Section 11340) of Part 1 of Division 3 of
Title
362 of the Government Code).
37(k)
end delete
38begin insert(l)end insert The department shall annually review and shall adjust the
39fees specified in subdivisionbegin delete (g)end deletebegin insert (h)end insert, if necessary, to fully fund,
40but not to exceed the reasonable costs of, the ammunition
P27 1authorization program provided by this section, including the
2enforcement of this program.
3(l)
end delete
4begin insert(m)end insert The Attorney General is authorized to adopt regulations to
5implement the provisions of this section.
(a) It is the intent of the Legislature to ensure that
7prohibited persons do not have access to ammunition by requiring
8that any individual who wants to purchase ammunition in
9California have a background check. It is further the intent of the
10Legislature to streamline the ammunition authorization application
11process as much as possible for ammunition purchasers.
12(b) The Legislature finds and declares that due to technological
13restrictions and cost concerns, a felony-only background check
14is, currently, the only background check that can be performed
15for ammunition purchases. This check will prevent the most
16dangerous of criminals from accessing ammunition. It is the intent
17of the legislature that this felony-only background check be
18
expanded, once technology allows, to a comprehensive background
19check parallel to the firearms eligibility background check.
20(c) The Legislature further finds and declares that given that
21the existing firearms eligibility background check is more extensive
22than the ammunition authorization felony screening, rather than
23requiring firearms owners to go through a new background check,
24the department may use automated firearms records of sales to
25reference the Prohibited Armed Persons File (Section 30000) to
26verify that a firearms owner has not become prohibited from
27purchasing ammunition. It is in the interest of public safety to
28strive for an exhaustive background check system that precludes
29criminals and other prohibited individuals from purchasing
30ammunition.
Article 5 (commencing with Section 30380) is added
32to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code,
33to read:
34
(a) Commencing July 1, 2015, no ammunition vendor
38shall sell ammunition unless the vendor is licensed pursuant to
39Section 30385.
40(b) A violation of this section is a misdemeanor.
P28 1(c) For purposes of this article, “ammunition” does not include
2blanks.
(a) The Department of Justice is authorized to issue
4ammunition vendor licenses pursuant to this article. The department
5shall, commencing January 1, 2015, commence accepting
6applications for ammunition vendor licenses. The department shall
7issue a license or deny the application for a license within 30 days
8of receipt of the application. If the application is denied, the
9department shall inform the applicant of the reason for denial in
10writing.
11(b) The ammunition vendor license shall be issued in a form
12prescribed by the Attorney General and shall be valid for a period
13of one year. The Attorney General may adopt regulations to
14administer application and
enforcement provisions of this article.
15The license shall allow the licensee to sell ammunition from a
16fixed location.
17(c) (1) In the case of an entity other than a natural person, the
18department shall issue the license to the business entity, but shall
19require a responsible person to pass the background check pursuant
20to Section 30395.
21(2) A “responsible person” for purposes of Section 16663 and
22this article, means a person having the power to direct the
23management, policies, and practices of the business as it pertains
24to ammunition.
(a) The department may charge ammunition vendor
26license applicants a fee sufficient to reimburse the department for
27the reasonable costs of administering the license program,
28maintaining the registry of ammunition vendors, and necessary
29enforcement, provided however, that the fee shall not exceed one
30hundred dollars ($100).
31(b) The fees received by the department pursuant to this article
32shall be deposited in the Ammunition Vendor’s Special Account,
33which is hereby created. The revenue in the fund shall be available,
34upon appropriation by the Legislature, for use by the Department
35of Justice for the purpose of implementing and enforcing the
36provisions of this
article.
(a) The department is authorized to issue ammunition
38vendor licenses to ammunition vendors who the department has
39determined, either as an individual or a responsible person, are not
40prohibited by state law from possessing, receiving, owning, or
P29 1purchasing a firearm, and who provide a copy of any regulatory
2or business license required by local government, a valid seller’s
3permit issued by the State Board of Equalization, a federal firearms
4license if the person is federally licensed, and a certificate of
5eligibility issued by the department.
6(b) The department shall issue ammunition vendor licenses
7pursuant to this article to the following applicants, who shall
8designate
a responsible person, as necessary:
9(1) A licensed firearms dealer.
10(2) Persons on the centralized list maintained by the department
11pursuant to Section 28450.
12(3) A target facility holding a business or other regulatory
13license.
14(4) A gunsmith.
15(5) A firearms wholesaler.
16(6) A manufacturer or importer of firearms or ammunition
17licensed pursuant to Chapter 44 (commencing with Section 921)
18of Title 18 of the United States Code, and the regulations issued
19pursuant thereto.
20(c) The department shall keep a registry of all licensed
21ammunition vendors.
22(d) The department shall revoke the license of any ammunition
23vendor who violates this article or Article 3 (commencing with
24Section 30345) in any combination three times. The ammunition
25vendor shall thereafter be permanently ineligible for an ammunition
26vendor license.
(a) The Attorney General shall prepare and submit to
28the Legislature on or before July 1, 2016, a report concerning all
29of the following:
30(1) Recommendations for enhancements that could be made to
31the background check system to capture mental health records,
32domestic violence restraining orders, and wanted person’s
33information.
34(2) The feasibility and costs of implementing enhancements to
35the background check system.
36(3) The overall costs of creating and maintaining, and the costs
37to the individuals of using, that enhanced system.
38(4) The feasibility of integrating the ammunition background
39check system into the current firearm registration system.
P30 1(5) The effect of the system on overall efforts by the Department
2of Justice in terms of information and computerized upgrades that
3the department is currently undertaking.
4(6) Recommendations for regulation of interstate commerce,
5including the Internet sale of ammunition and out-of-state hunters
6wanting to purchase ammunition in California.
7(7) Recommendations for any specific statutory changes
8necessary to implement the recommendations, if any.
9(b) The report required by subdivision
(a) shall be submitted
10pursuant to Section 9795 of the Government Code.
11(c) It is the intent of the Legislature to implement the
12ammunition background check system incrementally to minimize
13cost burdens to the state. It is also the intent of the Legislature to
14provide the Department of Justice the flexibility to develop a more
15comprehensive background check system that includes mental
16health records and restraining orders. It is the intent of the
17Legislature that the department enforce the provisions of this
18chapter.
(a) Section 1.1 of this bill incorporates amendments
20to Section 11106 of the Penal Code proposed by both this bill and
21Assembly Bill 500. It shall only become operative if (1) both bills
22are enacted and become effective on or before January 1, 2014,
23(2) each bill amends Section 11106 of the Penal Code, (3)
24Assembly Bill 539 is not enacted or as enacted does not amend
25that section, and (4) this bill is enacted after Assembly Bill 500 in
26which case Sections 1, 1.2, and 1.3 of this bill shall not become
27operative.
28(b) Section 1.2 of this bill incorporates amendments to Section
2911106 of
the Penal Code proposed by both this bill and Assembly
30Bill 539. It shall only become operative if (1) both bills are enacted
31and become effective on or before January 1, 2014, (2) each bill
32amends Section 11106 of the Penal Code, (3) Assembly Bill 500
33is not enacted or as enacted does not amend Section 11106, and
34(4) this bill is enacted after Assembly Bill 539 in which case
35Sections 1, 1.1, and 1.3 of this bill shall not become operative.
36(c) Section 1.3 of this bill incorporates amendments to Section
3711106 of the Penal Code proposed by this bill, Assembly Bill 500,
38and Assembly Bill 539. It shall only become operative if (1) all
39three bills are enacted and become effective on or before January
401, 2014, (2) all three bills amend Section 11106 of the Penal Code,
P31 1and (3) this bill is enacted after Assembly Bill 500 and Assembly
2
Bill 539, in which case Sections 1, 1.1, and 1.2 of this bill shall
3not become operative.
No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.
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