Amended in Assembly June 5, 2014

Amended in Assembly September 10, 2013

Amended in Assembly September 6, 2013

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 BillNo. 53


Introduced by Senator De León

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(Principal coauthor: Senator Yee)

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(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, to add Article 5 (commencing with Section 30380) to Chapter 1 of Division 10 of Title 4 of Part 6 of, and to repeal Section 30355 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, commencing July 1,begin delete 2015end deletebegin insert 2016end insert, 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,begin delete 2015end deletebegin insert 2016end insert, who is licensed, as specified, for those and other purposes. The bill would provide that commencing July 1,begin delete 2015end deletebegin insert 2016end insert, 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,begin delete 2015end deletebegin insert 2016end insert, require the ammunition vendor to submit that information to the department, as specified. The bill would, commencing July 1,begin delete 2016end deletebegin insert 2017end 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 2016end deletebegin insert 2017end insert, 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,begin delete 2015end deletebegin insert 2016end insert. The bill would require an ammunition vendor to be licensed, commencing July 1,begin delete 2015end deletebegin insert 2016end insert, 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,begin delete 2016end deletebegin insert 2017end insert, 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.

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(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.

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(10)

end delete

begin insert(9)end insert The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

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P4    1

SECTION 1.  

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

4

11106.  

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

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

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

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

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

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

27(E) Former Section 12084.

28(F) Any other law.

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

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

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

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

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

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

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

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

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

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

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

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

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

35

SEC. 1.1.  

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

37

11106.  

(a) In order to assist in the investigation of crime, the
38prosecution of civil actions by city attorneys pursuant to paragraph
39(3) of subdivision (b), the arrest and prosecution of criminals, and
40the recovery of lost, stolen, or found property, the Attorney General
P8    1shall keep and properly file a complete record of all copies of
2fingerprints, copies of licenses to carry firearms issued pursuant
3to Section 26150, 26155, 26170, or 26215, information reported
4to the Department of Justice pursuant to Section 26225, copies of
5ammunition purchaser authorizations pursuant to Section 30370,
6ammunition vendor license information pursuant to Article 5
7(commencing with Section 30380) of Chapter 1 of Division 10 of
8Title 4 of Part 6, information required by Section 30352, dealers’
9records of sales of firearms, reports provided pursuant to Article
101 (commencing with Section 27500) of Chapter 4 of Division 6
11of Title 4 of Part 6, or pursuant to any provision listed in
12subdivision (a) of Section 16585, forms provided pursuant to
13Section 12084, as that section read prior to being repealed, reports
14provided pursuant to Article 1 (commencing with Section 26700)
15and Article 2 (commencing with Section 26800) of Chapter 2 of
16Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
17of firearms, information provided pursuant to Section 28255, and
18reports of stolen, lost, found, pledged, or pawned property in any
19city or county of this state, and shall, upon proper application
20therefor, furnish this information to the officers referred to in
21Section 11105.

22(b) (1) The Attorney General shall permanently keep and
23properly file and maintain all information reported to the
24Department of Justice pursuant to the following provisions as to
25firearms and maintain a registry thereof:

26(A) Article 1 (commencing with Section 26700) and Article 2
27(commencing with Section 26800) of Chapter 2 of Division 6 of
28Title 4 of Part 6.

29(B) Article 1 (commencing with Section 27500) of Chapter 4
30of Division 6 of Title 4 of Part 6.

31(C) Chapter 5 (commencing with Section 28050) of Division 6
32of Title 4 of Part 6.

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

34(E) Former Section 12084.

35(F) Section 28255.

36(G) Any other law.

37(2) The registry shall consist of all of the following:

38(A) The name, address, identification of, place of birth (state
39or country), complete telephone number, occupation, sex,
40description, and all legal names and aliases ever used by the owner
P9    1or person being loaned the particular firearm as listed on the
2information provided to the department on the Dealers’ Record of
3Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
4in former Section 12084, or reports made to the department
5pursuant to any provision listed in subdivision (a) of Section 16585,
6Section 28255, or any other law.

7(B) The name and address of, and other information about, any
8person (whether a dealer or a private party) from whom the owner
9acquired or the person being loaned the particular firearm and
10when the firearm was acquired or loaned as listed on the
11information provided to the department on the Dealers’ Record of
12Sale, the LEFT, or reports made to the department pursuant to any
13provision listed in subdivision (a) of Section 16585 or any other
14law.

15(C) Any waiting period exemption applicable to the transaction
16which resulted in the owner of or the person being loaned the
17particular firearm acquiring or being loaned that firearm.

18(D) The manufacturer’s name if stamped on the firearm, model
19name or number if stamped on the firearm, and, if applicable, the
20serial number, other number (if more than one serial number is
21stamped on the firearm), caliber, type of firearm, if the firearm is
22new or used, barrel length, and color of the firearm, or, if the
23firearm is not a handgun and does not have a serial number or any
24identification number or mark assigned to it, that shall be noted.

25(3) Information in the registry referred to in this subdivision
26shall, upon proper application therefor, be furnished to the officers
27referred to in Section 11105, to a city attorney prosecuting a civil
28action, solely for use in prosecuting that civil action and not for
29any other purpose, or to the person listed in the registry as the
30owner or person who is listed as being loaned the particular firearm.

31(4) If any person is listed in the registry as the owner of a firearm
32through a Dealers’ Record of Sale prior to 1979, and the person
33listed in the registry requests by letter that the Attorney General
34store and keep the record electronically, as well as in the record’s
35existing photographic, photostatic, or nonerasable optically stored
36form, the Attorney General shall do so within three working days
37of receipt of the request. The Attorney General shall, in writing,
38and as soon as practicable, notify the person requesting electronic
39storage of the record that the request has been honored as required
40by this paragraph.

P10   1(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
2of subdivision (b) of Section 11105 may disseminate the name of
3the subject of the record, the number of the firearms listed in the
4record, and the description of any firearm, including the make,
5model, and caliber, from the record relating to any firearm’s sale,
6transfer, registration, or license record, or any information reported
7to the Department of Justice pursuant to Section 26225, Article 1
8(commencing with Section 26700) and Article 2 (commencing
9with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
106, Article 1 (commencing with Section 27500) of Chapter 4 of
11Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
12Section 28050) of Division 6 of Title 4 of Part 6, Article 2
13(commencing with Section 28150) of Chapter 6 of Division 6 of
14Title 4 of Part 6, Article 5 (commencing with Section 30900) of
15Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
16(commencing with Section 33850) of Division 11 of Title 4 of Part
176, or any provision listed in subdivision (a) of Section 16585, if
18the following conditions are met:

19(A) The subject of the record has been arraigned for a crime in
20which the victim is a person described in subdivisions (a) to (f),
21inclusive, of Section 6211 of the Family Code and is being
22prosecuted or is serving a sentence for the crime, or the subject of
23the record is the subject of an emergency protective order, a
24temporary restraining order, or an order after hearing, which is in
25effect and has been issued by a family court under the Domestic
26Violence Protection Act set forth in Division 10 (commencing
27with Section 6200) of the Family Code.

28(B) The information is disseminated only to the victim of the
29crime or to the person who has obtained the emergency protective
30order, the temporary restraining order, or the order after hearing
31issued by the family court.

32(C) Whenever a law enforcement officer disseminates the
33information authorized by this subdivision, that officer or another
34officer assigned to the case shall immediately provide the victim
35of the crime with a “Victims of Domestic Violence” card, as
36specified in subparagraph (H) of paragraph (9) of subdivision (c)
37of Section 13701.

38(2) The victim or person to whom information is disseminated
39pursuant to this subdivision may disclose it as he or she deems
P11   1necessary to protect himself or herself or another person from
2bodily harm by the person who is the subject of the record.

3

SEC. 1.2.  

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

5

11106.  

(a) In order to assist in the investigation of crime, the
6prosecution of civil actions by city attorneys pursuant to paragraph
7(3) of subdivision (b), the arrest and prosecution of criminals, and
8the recovery of lost, stolen, or found property, the Attorney General
9shall keep and properly file a complete record of all copies of
10fingerprints, copies of licenses to carry firearms issued pursuant
11to Section 26150, 26155, 26170, or 26215, information reported
12to the Department of Justice pursuant to Section 26225 or 29830,
13 copies of ammunition purchaser authorizations pursuant to Section
1430370, ammunition vendor license information pursuant to Article
155 (commencing with Section 30380) of Chapter 1 of Division 10
16of Title 4 of Part 6, information required by Section 30352, dealers’
17records of sales of firearms, reports provided pursuant to Article
181 (commencing with Section 27500) of Chapter 4 of Division 6
19of Title 4 of Part 6, or pursuant to any provision listed in
20subdivision (a) of Section 16585, forms provided pursuant to
21Section 12084, as that section read prior to being repealed, reports
22provided pursuant to Article 1 (commencing with Section 26700)
23and Article 2 (commencing with Section 26800) of Chapter 2 of
24Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
25of firearms, and reports of stolen, lost, found, pledged, or pawned
26property in any city or county of this state, and shall, upon proper
27application therefor, furnish this information to the officers referred
28to in Section 11105.

29(b) (1) The Attorney General shall permanently keep and
30properly file and maintain all information reported to the
31Department of Justice pursuant to the following provisions as to
32firearms and maintain a registry thereof:

33(A) Article 1 (commencing with Section 26700) and Article 2
34(commencing with Section 26800) of Chapter 2 of Division 6 of
35Title 4 of Part 6.

36(B) Article 1 (commencing with Section 27500) of Chapter 4
37of Division 6 of Title 4 of Part 6.

38(C) Chapter 5 (commencing with Section 28050) of Division 6
39of Title 4 of Part 6.

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

P12   1(E) Former Section 12084.

2(F) Any other law.

3(2) The registry shall consist of all of the following:

4(A) The name, address, identification of, place of birth (state
5or country), complete telephone number, occupation, sex,
6description, and all legal names and aliases ever used by the owner
7or person being loaned the particular firearm as listed on the
8information provided to the department on the Dealers’ Record of
9Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
10in former Section 12084, or reports made to the department
11pursuant to any provision listed in subdivision (a) of Section 16585
12or any other law.

13(B) The name and address of, and other information about, any
14person (whether a dealer or a private party) from whom the owner
15acquired or the person being loaned the particular firearm and
16when the firearm was acquired or loaned as listed on the
17information provided to the department on the Dealers’ Record of
18Sale, the LEFT, or reports made to the department pursuant to any
19provision listed in subdivision (a) of Section 16585 or any other
20law.

21(C) Any waiting period exemption applicable to the transaction
22which resulted in the owner of or the person being loaned the
23particular firearm acquiring or being loaned that firearm.

24(D) The manufacturer’s name if stamped on the firearm, model
25name or number if stamped on the firearm, and, if applicable, the
26serial number, other number (if more than one serial number is
27stamped on the firearm), caliber, type of firearm, if the firearm is
28new or used, barrel length, and color of the firearm, or, if the
29firearm is not a handgun and does not have a serial number or any
30identification number or mark assigned to it, that shall be noted.

31(3) Information in the registry referred to in this subdivision
32shall, upon proper application therefor, be furnished to the officers
33referred to in Section 11105, to a city attorney prosecuting a civil
34action, solely for use in prosecuting that civil action and not for
35any other purpose, or to the person listed in the registry as the
36owner or person who is listed as being loaned the particular firearm.

37(4) If any person is listed in the registry as the owner of a firearm
38through a Dealers’ Record of Sale prior to 1979, and the person
39listed in the registry requests by letter that the Attorney General
40store and keep the record electronically, as well as in the record’s
P13   1existing photographic, photostatic, or nonerasable optically stored
2form, the Attorney General shall do so within three working days
3 of receipt of the request. The Attorney General shall, in writing,
4and as soon as practicable, notify the person requesting electronic
5storage of the record that the request has been honored as required
6by this paragraph.

7(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
8of subdivision (b) of Section 11105 may disseminate the name of
9the subject of the record, the number of the firearms listed in the
10record, and the description of any firearm, including the make,
11model, and caliber, from the record relating to any firearm’s sale,
12transfer, registration, or license record, or any information reported
13to the Department of Justice pursuant to Section 26225, Article 1
14(commencing with Section 26700) and Article 2 (commencing
15with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
166, Article 1 (commencing with Section 27500) of Chapter 4 of
17Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
18 Section 28050) of Division 6 of Title 4 of Part 6, Article 2
19(commencing with Section 28150) of Chapter 6 of Division 6 of
20Title 4 of Part 6, Article 5 (commencing with Section 30900) of
21Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
22(commencing with Section 33850) of Division 11 of Title 4 of Part
236, or any provision listed in subdivision (a) of Section 16585, if
24the following conditions are met:

25(A) The subject of the record has been arraigned for a crime in
26which the victim is a person described in subdivisions (a) to (f),
27inclusive, of Section 6211 of the Family Code and is being
28prosecuted or is serving a sentence for the crime, or the subject of
29the record is the subject of an emergency protective order, a
30temporary restraining order, or an order after hearing, which is in
31effect and has been issued by a family court under the Domestic
32Violence Protection Act set forth in Division 10 (commencing
33with Section 6200) of the Family Code.

34(B) The information is disseminated only to the victim of the
35crime or to the person who has obtained the emergency protective
36order, the temporary restraining order, or the order after hearing
37issued by the family court.

38(C) Whenever a law enforcement officer disseminates the
39information authorized by this subdivision, that officer or another
40officer assigned to the case shall immediately provide the victim
P14   1of the crime with a “Victims of Domestic Violence” card, as
2specified in subparagraph (H) of paragraph (9) of subdivision (c)
3of Section 13701.

4(2) The victim or person to whom information is disseminated
5pursuant to this subdivision may disclose it as he or she deems
6necessary to protect himself or herself or another person from
7bodily harm by the person who is the subject of the record.

8

SEC. 1.3.  

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

10

11106.  

(a) In order to assist in the investigation of crime, the
11prosecution of civil actions by city attorneys pursuant to paragraph
12(3) of subdivision (b), the arrest and prosecution of criminals, and
13the recovery of lost, stolen, or found property, the Attorney General
14shall keep and properly file a complete record of all copies of
15fingerprints, copies of licenses to carry firearms issued pursuant
16to Section 26150, 26155, 26170, or 26215, information reported
17to the Department of Justice pursuant to Section 26225 or 29830,
18copies of ammunition purchaser authorizations pursuant to Section
1930370, ammunition vendor license information pursuant to Article
205 (commencing with Section 30380) of Chapter 1 of Division 10
21of Title 4 of Part 6, information required by Section 30352, dealers’
22records of sales of firearms, reports provided pursuant to Article
231 (commencing with Section 27500) of Chapter 4 of Division 6
24of Title 4 of Part 6, or pursuant to any provision listed in
25subdivision (a) of Section 16585, forms provided pursuant to
26Section 12084, as that section read prior to being repealed, reports
27provided pursuant to Article 1 (commencing with Section 26700)
28and Article 2 (commencing with Section 26800) of Chapter 2 of
29Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
30of firearms, information provided pursuant to Section 28255, and
31reports of stolen, lost, found, pledged, or pawned property in any
32city or county of this state, and shall, upon proper application
33therefor, furnish this information to the officers referred to in
34Section 11105.

35(b) (1) The Attorney General shall permanently keep and
36properly file and maintain all information reported to the
37Department of Justice pursuant to the following provisions as to
38firearms and maintain a registry thereof:

P15   1(A) Article 1 (commencing with Section 26700) and Article 2
2(commencing with Section 26800) of Chapter 2 of Division 6 of
3Title 4 of Part 6.

4(B) Article 1 (commencing with Section 27500) of Chapter 4
5of Division 6 of Title 4 of Part 6.

6(C) Chapter 5 (commencing with Section 28050) of Division 6
7of Title 4 of Part 6.

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

9(E) Former Section 12084.

10(F) Section 28255.

11(G) Any other law.

12(2) The registry shall consist of all of the following:

13(A) The name, address, identification of, place of birth (state
14or country), complete telephone number, occupation, sex,
15description, and all legal names and aliases ever used by the owner
16or person being loaned the particular firearm as listed on the
17information provided to the department on the Dealers’ Record of
18Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
19in former Section 12084, or reports made to the department
20pursuant to any provision listed in subdivision (a) of Section 16585,
21Section 28255, or any other law.

22(B) The name and address of, and other information about, any
23person (whether a dealer or a private party) from whom the owner
24acquired or the person being loaned the particular firearm and
25when the firearm was acquired or loaned as listed on the
26information provided to the department on the Dealers’ Record of
27Sale, the LEFT, or reports made to the department pursuant to any
28provision listed in subdivision (a) of Section 16585 or any other
29law.

30(C) Any waiting period exemption applicable to the transaction
31which resulted in the owner of or the person being loaned the
32particular firearm acquiring or being loaned that firearm.

33(D) The manufacturer’s name if stamped on the firearm, model
34name or number if stamped on the firearm, and, if applicable, the
35serial number, other number (if more than one serial number is
36stamped on the firearm), caliber, type of firearm, if the firearm is
37new or used, barrel length, and color of the firearm, or, if the
38firearm is not a handgun and does not have a serial number or any
39identification number or mark assigned to it, that shall be noted.

P16   1(3) Information in the registry referred to in this subdivision
2shall, upon proper application therefor, be furnished to the officers
3referred to in Section 11105, to a city attorney prosecuting a civil
4action, solely for use in prosecuting that civil action and not for
5any other purpose, or to the person listed in the registry as the
6owner or person who is listed as being loaned the particular firearm.

7(4) If any person is listed in the registry as the owner of a firearm
8through a Dealers’ Record of Sale prior to 1979, and the person
9listed in the registry requests by letter that the Attorney General
10store and keep the record electronically, as well as in the record’s
11existing photographic, photostatic, or nonerasable optically stored
12form, the Attorney General shall do so within three working days
13of receipt of the request. The Attorney General shall, in writing,
14and as soon as practicable, notify the person requesting electronic
15storage of the record that the request has been honored as required
16by this paragraph.

17(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
18of subdivision (b) of Section 11105 may disseminate the name of
19the subject of the record, the number of the firearms listed in the
20record, and the description of any firearm, including the make,
21model, and caliber, from the record relating to any firearm’s sale,
22transfer, registration, or license record, or any information reported
23to the Department of Justice pursuant to Section 26225, Article 1
24(commencing with Section 26700) and Article 2 (commencing
25with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
266, Article 1 (commencing with Section 27500) of Chapter 4 of
27Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
28Section 28050) of Division 6 of Title 4 of Part 6, Article 2
29(commencing with Section 28150) of Chapter 6 of Division 6 of
30Title 4 of Part 6, Article 5 (commencing with Section 30900) of
31Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
32(commencing with Section 33850) of Division 11 of Title 4 of Part
336, or any provision listed in subdivision (a) of Section 16585, if
34the following conditions are met:

35(A) The subject of the record has been arraigned for a crime in
36which the victim is a person described in subdivisions (a) to (f),
37inclusive, of Section 6211 of the Family Code and is being
38prosecuted or is serving a sentence for the crime, or the subject of
39the record is the subject of an emergency protective order, a
40temporary restraining order, or an order after hearing, which is in
P17   1effect and has been issued by a family court under the Domestic
2Violence Protection Act set forth in Division 10 (commencing
3with Section 6200) of the Family Code.

4(B) The information is disseminated only to the victim of the
5crime or to the person who has obtained the emergency protective
6order, the temporary restraining order, or the order after hearing
7issued by the family court.

8(C) Whenever a law enforcement officer disseminates the
9information authorized by this subdivision, that officer or another
10officer assigned to the case shall immediately provide the victim
11of the crime with a “Victims of Domestic Violence” card, as
12specified in subparagraph (H) of paragraph (9) of subdivision (c)
13of Section 13701.

14(2) The victim or person to whom information is disseminated
15pursuant to this subdivision may disclose it as he or she deems
16necessary to protect himself or herself or another person from
17bodily harm by the person who is the subject of the record.

end delete
18begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11106 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
19read:end insert

20

11106.  

(a) In order to assist in the investigation of crime, the
21prosecution of civil actions by city attorneys pursuant to paragraph
22(3) of subdivision (b), the arrest and prosecution of criminals, and
23the recovery of lost, stolen, or found property, the Attorney General
24shall keep and properly file a complete record of all copies of
25fingerprints, copies of licenses to carry firearms issued pursuant
26to Section 26150, 26155, 26170, or 26215, information reported
27to the Department of Justice pursuant to Sectionbegin delete 26225 or 29830,end delete
28begin insert 26225, copies of ammunition purchaser authorizations pursuant
29to Section 30370, ammunition vendor license information pursuant
30to Article 5 (commencing with Section 30380) of Chapter 1 of
31Division 10 of Title 4 of Part 6, information required by Section
3230352,end insert
dealers’ records of sales of firearms, reports provided
33pursuant to Article 1 (commencing with Section 27500) of Chapter
344 of Division 6 of Title 4 of Part 6, or pursuant to any provision
35listed in subdivision (a) of Section 16585, forms provided pursuant
36to Section 12084, as that section read prior to being repealed,
37reports provided pursuant to Article 1 (commencing with Section
3826700) and Article 2 (commencing with Section 26800) of Chapter
392 of Division 6 of Title 4 of Part 6, that are not dealers’ records of
40sales of firearms,begin delete information provided pursuant to Section 28255,end delete
P18   1 and reports of stolen, lost, found, pledged, or pawned property in
2any city or county of this state, and shall, upon proper application
3therefor, furnish this information to the officers referred to in
4 Section 11105.

5(b) (1) The Attorney General shall permanently keep and
6properly file and maintain all information reported to the
7Department of Justice pursuant to the following provisions as to
8firearms and maintain a registry thereof:

9(A) Article 1 (commencing with Section 26700) and Article 2
10(commencing with Section 26800) of Chapter 2 of Division 6 of
11Title 4 of Part 6.

12(B) Article 1 (commencing with Section 27500) of Chapter 4
13of Division 6 of Title 4 of Part 6.

14(C) Chapter 5 (commencing with Section 28050) of Division 6
15of Title 4 of Part 6.

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

17(E) Former Section 12084.

begin delete

18(F) Section 28255.

end delete
begin delete

19(G)

end delete

20begin insert(F)end insert Any other law.

21(2) The registry shall consist of all of the following:

22(A) The name, address, identification of, place of birth (state
23or country), complete telephone number, occupation, sex,
24description, and all legal names and aliases ever used by the owner
25or person being loaned the particular firearm as listed on the
26information provided to the department on the Dealers’ Record of
27Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
28in former Section 12084, or reports made to the department
29pursuant to any provision listed in subdivision (a) of Section 16585begin delete,
30Section 28255,end delete
or any other law.

31(B) The name and address of, and other information about, any
32person (whether a dealer or a private party) from whom the owner
33acquired or the person being loaned the particular firearm and
34when the firearm was acquired or loaned as listed on the
35information provided to the department on the Dealers’ Record of
36Sale, the LEFT, or reports made to the department pursuant to any
37provision listed in subdivision (a) of Section 16585 or any other
38law.

P19   1(C) Any waiting period exemption applicable to the transaction
2which resulted in the owner of or the person being loaned the
3particular firearm acquiring or being loaned that firearm.

4(D) The manufacturer’s name if stamped on the firearm, model
5name or number if stamped on the firearm, and, if applicable, the
6serial number, other number (if more than one serial number is
7stamped on the firearm), caliber, type of firearm, if the firearm is
8new or used, barrel length, and color of the firearm, or, if the
9firearm is not a handgun and does not have a serial number or any
10identification number or mark assigned to it, that shall be noted.

11(3) Information in the registry referred to in this subdivision
12shall, upon proper application therefor, be furnished to the officers
13referred to in Section 11105, to a city attorney prosecuting a civil
14action, solely for use in prosecuting that civil action and not for
15any other purpose, or to the person listed in the registry as the
16owner or person who is listed as being loaned the particular firearm.

17(4) If any person is listed in the registry as the owner of a firearm
18through a Dealers’ Record of Sale prior to 1979, and the person
19listed in the registry requests by letter that the Attorney General
20store and keep the record electronically, as well as in the record’s
21existing photographic, photostatic, or nonerasable optically stored
22form, the Attorney General shall do so within three working days
23of receipt of the request. The Attorney General shall, in writing,
24and as soon as practicable, notify the person requesting electronic
25storage of the record that the request has been honored as required
26by this paragraph.

27(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
28of subdivision (b) of Section 11105 may disseminate the name of
29the subject of the record, the number of the firearms listed in the
30record, and the description of any firearm, including the make,
31model, and caliber, from the record relating to any firearm’s sale,
32transfer, registration, or license record, or any information reported
33to the Department of Justice pursuant to Section 26225, Article 1
34(commencing with Section 26700) and Article 2 (commencing
35with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
366, Article 1 (commencing with Section 27500) of Chapter 4 of
37Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
38Section 28050) of Division 6 of Title 4 of Part 6, Article 2
39(commencing with Section 28150) of Chapter 6 of Division 6 of
40Title 4 of Part 6, Article 5 (commencing with Section 30900) of
P20   1Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
2(commencing with Section 33850) of Division 11 of Title 4 of Part
36, or any provision listed in subdivision (a) of Section 16585, if
4the following conditions are met:

5(A) The subject of the record has been arraigned for a crime in
6which the victim is a person described in subdivisions (a) to (f),
7inclusive, of Section 6211 of the Family Code and is being
8prosecuted or is serving a sentence for the crime, or the subject of
9the record is the subject of an emergency protective order, a
10temporary restraining order, or an order after hearing, which is in
11effect and has been issued by a family court under the Domestic
12Violence Protection Act set forth in Division 10 (commencing
13with Section 6200) of the Family Code.

14(B) The information is disseminated only to the victim of the
15crime or to the person who has obtained the emergency protective
16order, the temporary restraining order, or the order after hearing
17issued by the family court.

18(C) Whenever a law enforcement officer disseminates the
19information authorized by this subdivision, that officer or another
20 officer assigned to the case shall immediately provide the victim
21of the crime with a “Victims of Domestic Violence” card, as
22specified in subparagraph (H) of paragraph (9) of subdivision (c)
23of Section 13701.

24(2) The victim or person to whom information is disseminated
25pursuant to this subdivision may disclose it as he or she deems
26necessary to protect himself or herself or another person from
27bodily harm by the person who is the subject of the record.

28

SEC. 2.  

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

29

16663.  

(a) As used in this part, “ammunition vendor” means
30any person, firm, corporation, dealer, or any other business
31enterprise that is engaged in the retail sale of any ammunition, or
32that holds itself out as engaged in the business of selling any
33ammunition.

34(b) Commencing July 1,begin delete 2015end deletebegin insert 2016end insert, “ammunition vendor”
35means any person or responsible person, as defined in Section
3630385, of an entity described in subdivision (a) who has a current
37ammunition vendor license, pursuant to Section 30385.

38

SEC. 3.  

Section 17315 of the Penal Code is amended to read:

P21   1

17315.  

As used in Article 3 (commencing with Section 30345)
2of Chapter 1 of Division 10 of Title 4, “vendor” means an
3ammunition vendor.

4

SEC. 4.  

Section 30000 of the Penal Code is amended to read:

5

30000.  

(a) The Attorney General shall establish and maintain
6an online database to be known as the Prohibited Armed Persons
7File. The purpose of the file is to cross-reference persons who have
8ownership or possession of a firearm on or after January 1, 1991,
9as indicated by a record in the Consolidated Firearms Information
10System, and who, subsequent to the date of that ownership or
11possession of a firearm, fall within a class of persons who are
12prohibited from owning or possessing a firearm.

13(b) Commencing July 1,begin delete 2015end deletebegin insert 2016end insert, the file shall also be used
14to cross-reference persons who acquire ammunition to determine
15if those persons fall within a class of persons who are prohibited
16from owning or possessing ammunition.

17(c) The information contained in the Prohibited Armed Persons
18File shall only be available to those entities specified in, and
19pursuant to, subdivision (b) or (c) of Section 11105, through the
20California Law Enforcement Telecommunications System, for the
21purpose of determining if persons are armed and prohibited from
22possessing firearms or ammunition.

23

SEC. 5.  

Section 30005 of the Penal Code is amended to read:

24

30005.  

The Prohibited Armed Persons File database shall
25function as follows:

26(a) Upon entry into the Department of Justice’s records of a
27disposition for a conviction of any felony, a conviction for any
28firearms-prohibiting charge specified in Chapter 2 (commencing
29with Section 29800), a conviction for an offense described in
30Chapter 3 (commencing with Section 29900), a firearms prohibition
31pursuant to Section 8100 or 8103 of the Welfare and Institutions
32Code, or any firearms possession prohibition identified by the
33federal National Instant Criminal Background Check System, the
34Department of Justice shall determine if the subject has an entry
35in the Consolidated Firearms Information System indicating
36possession or ownership of a firearm on or after January 1, 1991,
37or an assault weapon registration, or a .50 BMG rifle registration,
38or commencing July 1,begin delete 2015end deletebegin insert 2016end insert, acquisition of ammunition.

39(b) Upon an entry into any department automated information
40system that is used for the identification of persons who are
P22   1prohibited by state or federal law from acquiring, owning, or
2possessing firearms, the department shall determine if the subject
3has an entry in the Consolidated Firearms Information System
4indicating ownership or possession of a firearm on or after January
51, 1991, or an assault weapon registration, or a .50 BMG rifle
6registration.

7(c) If the department determines that, pursuant to subdivision
8(a) or (b), the subject has an entry in the Consolidated Firearms
9 Information System indicating possession or ownership of a firearm
10on or after January 1, 1991, or an assault weapon registration, or
11a .50 BMG rifle registration, the following information shall be
12entered into the Prohibited Armed Persons File:

13(1) The subject’s name.

14(2) The subject’s date of birth.

15(3) The subject’s physical description.

16(4) Any other identifying information regarding the subject that
17is deemed necessary by the Attorney General.

18(5) The basis of the firearms possession and ammunition
19prohibition.

20(6) A description of all firearms owned or possessed by the
21subject, as reflected by the Consolidated Firearms Information
22System.

23

SEC. 6.  

Section 30312 of the Penal Code is amended to read:

24

30312.  

(a) (1) The delivery or transfer of ownership of
25ammunition may only occur in a face-to-face transaction with the
26deliverer or transferor being provided bona fide evidence of identity
27from the purchaser or other transferee, provided, however, that
28ammunition may be purchased over the Internet or through other
29means of remote ordering if an ammunition vendor in this state
30initially receives the ammunition and processes the transfer in
31compliance with this section and Article 3 (commencing with
32Section 30345). An ammunition vendor is required to promptly
33and properly process those transactions. An ammunition vendor
34is not required to house ammunition orders longer than 30 days.

35(2) Commencing July 1,begin delete 2015end deletebegin insert 2016end insert, the sale of ammunition
36may only be conducted by an ammunition vendor licensed pursuant
37to Section 30385.

38(3) For purposes of this section, “ammunition” does not include
39blanks.

P23   1(b) Subdivision (a) shall not apply to or affect the sale, delivery,
2or transfer of ammunition to any of the following:

3(1) An authorized law enforcement representative of a city,
4county, city and county, or state or federal government, if the sale,
5delivery, or transfer is for exclusive use by that government agency
6and, prior to the sale, delivery, or transfer of the ammunition,
7written authorization from the head of the agency employing the
8purchaser or transferee is obtained, identifying the employee as
9an individual authorized to conduct the transaction, and authorizing
10the transaction for the exclusive use of the agency employing the
11individual.

12(2) A sworn peace officer, as defined in Chapter 4.5
13(commencing with Section 830) of Title 3 of Part 2 who is
14authorized to carry a firearm in the course and scope of the officer’s
15duties.

16(3) An importer or manufacturer of ammunition or firearms
17who is licensed to engage in business pursuant to Chapter 44
18(commencing with Section 921) of Title 18 of the United States
19Code and the regulations issued pursuant thereto.

20(4) A person who is on the centralized list maintained by the
21Department of Justice pursuant to Article 6 (commencing with
22Section 28450) of Chapter 6 of Division 6 of this title.

23(5) A person whose licensed premises are outside this state and
24who is licensed as a dealer or collector of firearms pursuant to
25Chapter 44 (commencing with Section 921) of Title 18 of the
26United States Code and the regulations issued pursuant thereto.

27(6) A person who is licensed as a collector of firearms pursuant
28to Chapter 44 (commencing with Section 921) of Title 18 of the
29United States Code and the regulations issued pursuant thereto,
30whose licensed premises are within this state, and who has a current
31certificate of eligibility issued by the Department of Justice
32pursuant to Section 26710.

33(7) An ammunition vendor.

34(8) A consultant-evaluator.

35(9) A participant at an event organized by a nonprofit mutual
36or public benefit corporation, where the sale, transfer, or delivery
37is by a nonprofit mutual or public benefit corporation organized
38pursuant to the Corporations Code, where the ammunition is to be
39used and consumed on the premises of an event conducted by that
P24   1nonprofit or public benefit corporation, and the event is at a target
2range which holds a regulatory or business license.

begin insert

3(10) A contract or common carrier or an authorized agent or
4employee thereof, when acting in conformance with applicable
5federal law.

end insert

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

7

SEC. 7.  

The heading of Article 3 (commencing with Section
830345) of Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal
9Code
is amended to read:

10 

11Article 3.  Ammunition Vendors
12

 

13

SEC. 8.  

Section 30345 of the Penal Code is amended to read:

14

30345.  

(a) A vendor shall comply with all of the conditions,
15requirements, and prohibitions stated in this article.

16(b) Commencing July 1,begin delete 2015end deletebegin insert 2016end insert, an ammunition vendor
17shall be licensed by the Department of Justice in order to sell
18ammunition.

19(c) For purposes of this article, “ammunition” does not include
20blanks.

21

SEC. 9.  

Section 30347 of the Penal Code is amended to read:

22

30347.  

A vendor shall not permit any employee who the vendor
23knows or reasonably should know is a person described in Chapter
242 (commencing with Section 29800) or Chapter 3 (commencing
25with Section 29900) of Division 9 of this title or Section 8100 or
268103 of the Welfare and Institutions Code to handle, sell, or deliver
27ammunition in the course and scope of employment.

28

SEC. 10.  

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

29

30348.  

(a) Except as provided in subdivision (b), the sale of
30ammunition shall be conducted at the location specified in the
31license.

32(b) A vendor may sell ammunition at a gun show or event if the
33gun show or event is not conducted from any motorized or towed
34vehicle.

35(c) For purposes of this section, “gun show or event” means a
36function sponsored by any national, state, or local organization,
37devoted to the collection, competitive use, or other sporting use
38of firearms, or an organization or association that sponsors
39functions devoted to the collection, competitive use, or other
40sporting use of firearms in the community.

P25   1(d) Sales of ammunition at a gun show or event shall comply
2with Sections 30347, 30350, 30352, and 30360.

3

SEC. 11.  

Section 30350 of the Penal Code is amended to read:

4

30350.  

A vendor shall not sell, offer for sale, or display for
5sale any ammunition in a manner that allows that ammunition to
6be accessible to a purchaser or transferee without the assistance
7of the vendor or an employee of the vendor.

8

SEC. 12.  

Section 30352 of the Penal Code is amended to read:

9

30352.  

(a) A vendor shall not sell any ammunition without,
10at the time of delivery, legibly recording the following information:

11(1) The date of the sale.

12(2) The purchaser’s driver’s license or other identification
13number and the state in which it was issued.

14(3) The brand, type, and amount of ammunition sold.

15(4) The name of the salesperson who processed the sale or other
16transaction.

17(5) The purchaser’s full residential address and telephone
18number.

19(6) The purchaser’s date of birth.

20(b) Commencing July 1,begin delete 2015end deletebegin insert 2016end insert, the vendor shall submit to
21the department the information required by subdivision (a) in a
22format and a manner prescribed by the department for all sales of
23ownership of ammunition. The department shall check the
24submitted information against the Prohibited Armed Persons File.
25The vendor shall not share any of the information required by
26subdivision (a) for any reason other than for authorized law
27enforcement purposes.

28(c) Commencing on July 1,begin delete 2016end deletebegin insert 2017end insert, only those persons listed
29below or those persons or entities listed in subdivision (e) shall be
30authorized to purchase ammunition. Prior to the delivery of the
31ammunition, the vendor shall verify that the person who is
32receiving delivery of the ammunition is a properly identified person
33or entity listed in subdivision (e) or one of the following:

34(1) A person authorized to purchase ammunition pursuant to
35Section 30370.

36(2) A person who is authorized to carry loaded firearms pursuant
37to Section 25900, 25905, 25910, 25925, 26010, 26015, 26025, or
3826030.

39(3) A holder of a special weapons permit issued by the
40department pursuant to Section 32650 or 33300, pursuant to Article
P26   13 (commencing with Section 18900) of Chapter 1 of Division 5
2of Title 2, or pursuant to Article 4 (commencing with Section
332700) of Chapter 6 of this division.

4(4) A holder of a current certificate of eligibility issued pursuant
5to Section 26710.

6(5) A holder of a valid entertainment firearms permit issued
7pursuant to Chapter 2 (commencing with Section 29500) of
8Division 8.

9(d) Commencing July 1,begin delete 2016end deletebegin insert 2017end insert, the vendor shall
10electronically verify with the department, in a manner prescribed
11by the department, that the person is authorized to purchase
12ammunition by referencing the centralized list of authorized
13ammunition purchasers. If the person is not listed as an authorized
14ammunition purchaser, the vendor shall deny the sale.

15(e) Subdivisions (a) and (d) shall not apply to or affect sales or
16other transfers of ownership of ammunition by ammunition vendors
17to any of the following, if properly identified:

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

20(2) An ammunition vendor.

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

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

25(5) A gunsmith.

26(6) A wholesaler.

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

31(8) An authorized law enforcement representative of a city,
32county, city and county, or state or federal government, if the sale
33or other transfer of ownership is for exclusive use by that
34government agency, and, prior to the sale, delivery, or transfer of
35the ammunition, written authorization from the head of the agency
36authorizing the transaction is presented to the person from whom
37the purchase, delivery, or transfer is being made. Proper written
38authorization is defined as verifiable written certification from the
39head of the agency by which the purchaser, transferee, or person
40otherwise acquiring ownership is employed, identifying the
P27   1employee as an individual authorized to conduct the transaction,
2and authorizing the transaction for the exclusive use of the agency
3by which that individual is employed.

4(9) The Department of Justice, any police department, any
5sheriff’s official, any marshal’s office, the Youth and Adult
6Correctional Agency, the Department of the California Highway
7Patrol, any district attorney’s office, any federal law enforcement
8agency or the military or naval forces of this state or of the United
9States for use in the discharge of their official duties, and sworn
10members of these agencies.

11

SEC. 13.  

Section 30355 of the Penal Code is repealed.

12

SEC. 14.  

Section 30365 of the Penal Code is amended to read:

13

30365.  

(a) A violation of subdivision (b) of Section 30345,
14Section 30347, 30350, 30352, 30360, or 30362 is a misdemeanor.

15(b) The provisions of this section are cumulative, and shall not
16be construed as restricting the application of any other law.
17However, an act or omission punishable in different ways by
18different provisions of law shall not be punished under more than
19one provision.

20

SEC. 15.  

Article 4 (commencing with Section 30370) is added
21to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code,
22to read:

23 

24Article 4.  Ammunition Purchase Felony Screening
25

 

26

30370.  

(a) (1) Commencing on January 1,begin delete 2016end deletebegin insert 2017end insert, any
27person who is 18 years of age or older may apply to the department
28for an ammunition purchase authorization.

29(2) The ammunition purchase authorization shall entitle the
30authorized person to purchase ammunition from an ammunition
31vendor as that term is defined in Section 16663 and shall have no
32other force or effect. The authorization does not authorize a person
33to purchase ammunition if the person is or becomes prohibited
34from acquiring or possessing ammunition.

35(3) For purposes of this article, “ammunition” does not include
36blanks.

37(4) Those persons and entities listed in subdivisions (c) and (e)
38of Section 30352 are not required to obtain an authorization under
39this article in order to acquire orbegin delete possesend deletebegin insert possessend insert ammunition.

P28   1(b) Except as provided in subdivision (c), the department shall
2issue an ammunition purchase authorization to the applicant if all
3of the following conditions are met:

4(1) The applicant is 18 years of age or older.

5(2) The applicant is not prohibited from acquiring or possessing
6ammunition because of a felony conviction.

7(3) The applicant pays the fees set forth in subdivision (h).

8(4) The applicant submits fingerprint images in compliance with
9subdivision (j).

10(5) The applicant provides a government-issued photo
11identification.

12(c) The department shall issue an ammunition purchase
13authorization to the applicant if the applicant is a firearms purchaser
14who submits firearms purchaser information to the department,
15for a firearm purchase occurring on or after January 1,begin delete 2016end deletebegin insert 2017end insert,
16passed a background check in connection with that purchase, and
17that information can be found on the department’s automated
18system, provided the applicant is not prohibited by state or federal
19law from possessing, receiving, owning, or purchasing a firearm
20or a person described in subdivision (a) ofbegin delete Sectionsend deletebegin insert Sectionend insert 27535.
21Eligible firearms purchasers shall apply with the department in a
22manner and form prescribed by the department and are subject to
23a fee not to exceed the reasonable costs of the actual processing
24costs of the department, including checking the automated firearms
25system but not to exceed ten dollars ($10). An application
26submitted simultaneously with a firearm purchase shall be approved
27within 10 days if the applicant passes the background check for
28the firearm purchase.

29(d) (1) Upon receipt of an application, the department shall,
30except for those applicants described in subdivision (c), examine
31its records in order to determine if the applicant is prohibited from
32possessing or acquiring ammunition due to a felony conviction.

33(2) The applicant shall be approved or denied within 30 days
34of the date of the application. If the application is denied, the
35department shall state the reasons for doing so and provide the
36applicant an appeal process to challenge that denial.

37(3) If the department is unable to ascertain the final disposition
38of the application within 30 days of the applicant’s submission,
39the department shall deny the application and refer the applicant
40to the file record review process.

P29   1(e) The ammunition purchase authorization shall be revoked by
2the department upon the occurrence of any event which would
3prohibit the individual from owning or possessing ammunition.

4(f) The department shall provide a written notice to the applicant
5stating that an authorization under this section does not authorize
6a person who is otherwise prohibited from acquiring or possessing
7ammunition to acquire or possess ammunition.

8(g) The department shall create an internal centralized list of
9all persons who are authorized to purchase ammunition. The photo
10identification provided with the application shall be referenced to
11the person in the centralized list. Law enforcement agencies shall
12be provided access to the list for law enforcement purposes.

13(h) The department shall recover the reasonable cost of
14regulatory and enforcement activities related to the sale, purchase,
15possession, loan, or transfer of ammunition pursuant to this section
16by charging applicants described in subdivision (b) an initial
17application fee not to exceed fifty dollars ($50), including
18fingerprint fees, which shall be valid for two years, and not to
19exceed fourteen dollars ($14) for the biennial renewal application
20to include at a minimum, a new application for all applicants.

21(i) All fees received pursuant to this section shall be deposited
22into the Dealer’s Record of Sale Special Account of the General
23Fund.

24(j) Applicants subject to subdivision (a) shall submit fingerprint
25images and related information required by the department to the
26department for the purposes of obtaining information as to the
27existence and content of a record of state or federal convictions.
28Fingerprint images and other information may also be used to
29obtain information related to state or federal arrests and state or
30federal arrests for which the department establishes that the person
31is free on bail or on his or her recognizance pending trial or appeal,
32for purposes of determining if the arrests resulted in a conviction.

33(1) When received, the department shall forward to the Federal
34Bureau of Investigation requests for federal summary criminal
35history information received pursuant to this section. The
36department shall review the information returned from the Federal
37Bureau of Investigation and disseminate the result within the
38department.

P30   1(2) The department shall request subsequent notification service,
2as provided pursuant to Section 11105.2 of the Penal Code, for
3applicants subject to subdivision (a).

4(3) The department shall charge a reasonable fee sufficient to
5cover the cost of processing the request described in this section.

6(k) The implementation of this section by the department is
7exempt from the Administrative Procedure Act (Chapter 3.5
8(commencing with Section 11340) of Part 1 of Division 3 of Title
92 of the Government Code).

10(l) The department shall annually review and shall adjust the
11fees specified in subdivision (h), if necessary, to fully fund, but
12not to exceed the reasonable costs of, the ammunition authorization
13program provided by this section, including the enforcement of
14this program.

15(m) The Attorney General is authorized to adopt regulations to
16implement the provisions of this section.

17

30375.  

(a) It is the intent of the Legislature to ensure that
18prohibited persons do not have access to ammunition by requiring
19that any individual who wants to purchase ammunition in
20California have a background check. It is further the intent of the
21Legislature to streamline the ammunition authorization application
22process as much as possible for ammunition purchasers.

23(b) The Legislature finds and declares that due to technological
24restrictions and cost concerns, a felony-only background check is,
25currently, the only background check that can be performed for
26ammunition purchases. This check will prevent the most dangerous
27of criminals from accessing ammunition. It is the intent of the
28Legislature that this felony-only background check be expanded,
29 once technology allows, to a comprehensive background check
30parallel to the firearms eligibility background check.

31(c) The Legislature further finds and declares that given that
32the existing firearms eligibility background check is more extensive
33than the ammunition authorization felony screening, rather than
34requiring firearms owners to go through a new background check,
35the department may use automated firearms records of sales to
36reference the Prohibited Armed Persons File (Section 30000) to
37verify that a firearms owner has not become prohibited from
38purchasing ammunition. It is in the interest of public safety to
39strive for an exhaustive background check system that precludes
P31   1criminals and other prohibited individuals from purchasing
2ammunition.

3

SEC. 16.  

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

6 

7Article 5.  Ammunition Vendor Licenses
8

 

9

30380.  

(a) Commencing July 1,begin delete 2015end deletebegin insert 2016end insert, no ammunition
10vendor shall sell ammunition unless the vendor is licensed pursuant
11to Section 30385.

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

13(c) For purposes of this article, “ammunition” does not include
14blanks.

15

30385.  

(a) The Department of Justice is authorized to issue
16ammunition vendor licenses pursuant to this article. The department
17shall, commencing January 1,begin delete 2015end deletebegin insert 2016end insert, commence accepting
18applications for ammunition vendor licenses. The department shall
19issue a license or deny the application for a license within 30 days
20of receipt of the application. If the application is denied, the
21department shall inform the applicant of the reason for denial in
22writing.

23(b) The ammunition vendor license shall be issued in a form
24prescribed by the Attorney General and shall be valid for a period
25of one year. The Attorney General may adopt regulations to
26administer application and enforcement provisions of this article.
27The license shall allow the licensee to sell ammunition from a
28fixed locationbegin insert and at any place set forth in subdivision (b) of
29Section 30348end insert
.

30(c) (1) In the case of an entity other than a natural person, the
31department shall issue the license to the business entity, but shall
32require a responsible person to pass the background check pursuant
33to Section 30395.

34(2) A “responsible person” for purposes of Section 16663 and
35this article, means a person having the power to direct the
36management, policies, and practices of the business as it pertains
37to ammunition.

38

30390.  

(a) The department may charge ammunition vendor
39license applicants a fee sufficient to reimburse the department for
40the reasonable costs of administering the license program,
P32   1maintaining the registry of ammunition vendors, and necessary
2enforcement, provided however, that the fee shall not exceed one
3hundred dollars ($100).

4(b) The fees received by the department pursuant to this article
5shall be deposited in the Ammunition Vendor’s Special Account,
6which is hereby created. The revenue in the fund shall be available,
7upon appropriation by the Legislature, for use by the Department
8of Justice for the purpose of implementing and enforcing the
9provisions of this article.

10

30395.  

(a) The department is authorized to issue ammunition
11vendor licenses to ammunition vendors who the department has
12determined, either as an individual or a responsible person, are not
13prohibited by state law from possessing, receiving, owning, or
14purchasing a firearm, and who provide a copy of any regulatory
15or business license required by local government, a valid seller’s
16permit issued by the State Board of Equalization, a federal firearms
17license if the person is federally licensed, and a certificate of
18eligibility issued by the department.

19(b) The department shall issue ammunition vendor licenses
20pursuant to this article to the following applicants, who shall
21designate a responsible person, as necessary:

22(1) A licensed firearms dealer.

23(2) Persons on the centralized list maintained by the department
24pursuant to Section 28450.

25(3) A target facility holding a business or other regulatory
26license.

27(4) A gunsmith.

28(5) A firearms wholesaler.

29(6) A manufacturer or importer of firearms or ammunition
30licensed pursuant to Chapter 44 (commencing with Section 921)
31of Title 18 of the United States Code, and the regulations issued
32pursuant thereto.

33(c) The department shall keep a registry of all licensed
34ammunition vendors.

35(d) The department shall revoke the license of any ammunition
36vendor who violates this article or Article 3 (commencing with
37Section 30345) in any combination three times. The ammunition
38vendor shall thereafter be permanently ineligible for an ammunition
39vendor license.

P33   1

30400.  

(a) The Attorney General shall prepare and submit to
2the Legislature on or before July 1,begin delete 2016end deletebegin insert 2017end insert, a report concerning
3all of the following:

4(1) Recommendations for enhancements that could be made to
5the background check system to capture mental health records,
6domestic violence restraining orders, and wanted person’s
7information.

8(2) The feasibility and costs of implementing enhancements to
9the background check system.

10(3) The overall costs of creating and maintaining, and the costs
11to the individuals of using, that enhanced system.

12(4) The feasibility of integrating the ammunition background
13check system into the current firearm registration system.

14(5) The effect of the system on overall efforts by the Department
15of Justice in terms of information and computerized upgrades that
16the department is currently undertaking.

17(6) Recommendations for regulation of interstate commerce,
18including the Internet sale of ammunition and out-of-state hunters
19wanting to purchase ammunition in California.

20(7) Recommendations for any specific statutory changes
21necessary to implement the recommendations, if any.

22(b) The report required by subdivision (a) shall be submitted
23pursuant to Section 9795 of the Government Code.

24(c) It is the intent of the Legislature to implement the
25ammunition background check system incrementally to minimize
26cost burdens to the state. It is also the intent of the Legislature to
27provide the Department of Justice the flexibility to develop a more
28comprehensive background check system that includes mental
29health records and restraining orders. It is the intent of the
30Legislature that the department enforce the provisions of this
31chapter.

begin delete
32

SEC. 17.  

(a) Section 1.1 of this bill incorporates amendments
33to Section 11106 of the Penal Code proposed by both this bill and
34Assembly Bill 500. It shall only become operative if (1) both bills
35are enacted and become effective on or before January 1, 2014,
36(2) each bill amends Section 11106 of the Penal Code, (3)
37Assembly Bill 539 is not enacted or as enacted does not amend
38that section, and (4) this bill is enacted after Assembly Bill 500 in
39which case Sections 1, 1.2, and 1.3 of this bill shall not become
40operative.

P34   1(b) Section 1.2 of this bill incorporates amendments to Section
211106 of the Penal Code proposed by both this bill and Assembly
3Bill 539. It shall only become operative if (1) both bills are enacted
4and become effective on or before January 1, 2014, (2) each bill
5amends Section 11106 of the Penal Code, (3) Assembly Bill 500
6is not enacted or as enacted does not amend Section 11106, and
7(4) this bill is enacted after Assembly Bill 539 in which case
8Sections 1, 1.1, and 1.3 of this bill shall not become operative.

9(c) Section 1.3 of this bill incorporates amendments to Section
1011106 of the Penal Code proposed by this bill, Assembly Bill 500,
11and Assembly Bill 539. It shall only become operative if (1) all
12three bills are enacted and become effective on or before January
131, 2014, (2) all three bills amend Section 11106 of the Penal Code,
14and (3) this bill is enacted after Assembly Bill 500 and Assembly
15 Bill 539, in which case Sections 1, 1.1, and 1.2 of this bill shall
16not become operative.

end delete
17

begin deleteSEC. 18.end delete
18begin insertSEC. 17.end insert  

No reimbursement is required by this act pursuant to
19Section 6 of Article XIII B of the California Constitution because
20the only costs that may be incurred by a local agency or school
21district will be incurred because this act creates a new crime or
22infraction, eliminates a crime or infraction, or changes the penalty
23for a crime or infraction, within the meaning of Section 17556 of
24the Government Code, or changes the definition of a crime within
25the meaning of Section 6 of Article XIII B of the California
26Constitution.



O

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