Amended in Senate May 4, 2016

Amended in Senate August 18, 2015

Amended in Senate July 1, 2015

Amended in Senate June 23, 2015

Amended in Assembly June 1, 2015

Amended in Assembly April 27, 2015

Amended in Assembly April 16, 2015

Amended in Assembly March 26, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 156

Introduced by Assembly Member begin delete Perea end delete begin insert McCarty end insert

begin delete

(Principal coauthor: Assembly Member Rendon)

end delete begin insert

(Principal coauthor: Senator De León)

end insert

January 20, 2015

begin delete An act to amend Section 39713 of, and to add Section 39713.5 to, the Health and Safety Code, relating to greenhouse gases. end delete begin insert An act to amend Sections 11106, 16150, 17315, 30000, and 30306 of, to add Section 16151 to, to add Article 4 (commencing with Section 30355) and Article 5 (commencing with Section 30360) to Chapter 1 of Division 10 of Title 4 of Part 6 of, to repeal Sections 16650, 16662, and 30312 of, and to repeal and add Article 3 (commencing with Section 30345) of Chapter 1 of Division 10 of Title 4 of Part 6 of, the Penal Code, relating to ammunition. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 156, as amended, begin delete Perea end delete   begin insert McCarty end insert . begin delete California Global Warming Solutions Act of 2006: disadvantaged communities. end delete begin insert Ammunition. end insert

begin insert

(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. In regard to certain of those records, existing law authorizes specified peace officers to disseminate the name of the subject of the record, the number of firearms listed in the record, the description of any firearm, and other information reported to the Department of Justice, as specified, if the subject of the record has been arraigned, is being prosecuted, or is serving a sentence for domestic violence or is the subject of specified protective orders. Existing law requires the law enforcement officer to provide a victim of domestic violence to whom information is disseminated with a “Victims of Domestic Violence” card, and authorizes the victim or other person to whom the information is disseminated to disclose that information as he or she deems necessary to protect himself, herself, or another person from bodily harm by the person who is the subject of the record.

end insert begin insert

This bill would require the Attorney General to also maintain information about ammunition transactions and ammunition vendor licenses for those purposes. This bill would similarly authorize specified agencies, officials, and officers to disseminate the name of a person and the fact of any ammunition purchases by that person, as specified, if the subject of the record has been arraigned, is being prosecuted, or is serving a sentence for domestic violence or is the subject of specified protective orders. The bill would require the law enforcement officer to provide a victim of domestic violence to whom information is disseminated with a “Victims of Domestic Violence” card, and would authorize the victim or other person to whom the information is disseminated to disclose that information as he or she deems necessary to protect himself, herself, or another person from bodily harm by the person who is the subject of the record.

end insert begin insert

By imposing new duties on local law enforcement officers, this bill would impose a state-mandated local program.

end insert begin insert

(2) 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.

end insert begin insert

This bill would extend those provisions, subject to exceptions, to any ammunition and would reorganize those provisions.

end insert begin insert

(3) Existing law provides that the term “vendor” for purposes of ammunition sales is a “handgun ammunition vendor” as defined for those and other purposes.

end insert begin insert

This bill would provide that the term “vendor” for purposes of ammunition sales means “ammunition vendor” and, commencing January 1, 2018, means a licensed ammunition vendor. The bill would provide that commencing on January 1, 2018, only a licensed ammunition vendor may sell ammunition. The bill would revise the definition of “ammunition” for those purposes.

end insert begin insert

(4) 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.

end insert begin insert

This bill would, commencing July 1, 2019, use the Prohibited Armed Persons File to cross-reference persons who attempt to acquire ammunition, as specified, to determine if those persons are prohibited from possessing ammunition.

end insert begin insert

(5) Existing law makes it a crime for a person, corporation, or firm to provide ammunition, as specified, to an individual that the person, corporation, or firm knows or should know is prohibited from possessing or owning ammunition.

end insert begin insert

This bill would apply that prohibition to other business enterprises. The bill would make it a crime for a person, corporation, firm, or other business enterprise to provide, as specified, ammunition to an individual that the person, corporation, firm, or other business entity knows or has cause to believe is not the actual purchaser or transferee of the ammunition, or knows or has cause to believe that the ammunition is to be sold or transferred to a person prohibited from possessing or owning ammunition.

end insert begin insert

(6) 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 his or her 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.

end insert begin insert

This bill would extend those prohibitions to any ammunition. The bill would require that when neither party to the ammunition transaction is an ammunition dealer, the transaction be conducted by an ammunition dealer. The bill would, subject to exceptions, require a resident bringing ammunition into the state to have the ammunition delivered to an ammunition dealer for delivery to the person, as specified. The bill would provide that a violation of these provisions is a crime.

end insert begin insert

(7) 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.

end insert begin insert

This bill would extend those provisions to transactions of any ammunition and would, commencing on July 1, 2019, require the ammunition vendor to submit that information to the Department of Justice, as specified. The bill would require the department to retain the information for 2 years in a database to be known as the Ammunition Purchase Records File and would prescribe the authority of the department and other entities to use the file, as specified. The bill would, commencing on July 1, 2019, and subject to exceptions, require the purchaser of ammunition to be authorized to purchase ammunition by the department, as specified. The bill would require the department to cross-reference the Prohibited Armed Persons File and the Automated Firearms System for those transaction purposes. The bill would require, commencing on July 1, 2019, and subject to exceptions, that only persons listed in the Automated Firearms System, or who purchase a one-time ammunition transaction license from the department, would be able to purchase ammunition. A violation of these provisions would be a crime.

end insert begin insert

The bill would authorize the department to accept applications for ammunition vendor licenses, commencing on July 1, 2017. The bill would require an ammunition vendor to be licensed, commencing on January 1, 2018, in order to sell ammunition. The bill would create an application process for ammunition vendors, as specified. The bill would establish the Ammunition Special Account, into which vendor license fees and ammunition transaction fees would be deposited and made available, upon appropriation by the Legislature, to the department for purposes of enforcing the ammunition vendor licensing and ammunition purchasing 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 ammunition sales at a gun show or event to comply with certain requirements pertaining to ammunition transfers and recordkeeping, the violation of which is a crime.

end insert begin insert

(8) By expanding existing crimes and creating new crimes, this bill would impose a state-mandated local program.

end insert begin insert

(9) 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.

end insert begin insert

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

end insert begin insert

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

end insert begin delete

The California Global Warming Solutions Act of 2006 designates the State Air Resources Board as the state agency charged with monitoring and regulating sources of emissions of greenhouse gases. The act authorizes the state board to include the use of market-based compliance mechanisms. Existing law requires all moneys, except for fines and penalties, collected by the state board as part of a market-based compliance mechanism to be deposited in the Greenhouse Gas Reduction Fund and to be available upon appropriation. Existing law requires the California Environmental Protection Agency to identify disadvantaged communities and requires the Department of Finance, in consultation with the state board and any other relevant state agency, to develop, as specified, a 3-year investment plan for the moneys deposited in the Greenhouse Gas Reduction Fund. Existing law requires the 3-year investment plan to allocate a minimum of 25% of the available moneys in the fund to projects that provide benefits to disadvantaged communities.

end delete begin delete

This bill would require the state board to prepare and post on its Internet Web site a specified report on the projects funded to benefit disadvantaged communities.

end delete begin delete

This bill would require the state board to establish a comprehensive technical assistance program, upon the appropriation of moneys from the Greenhouse Gas Reduction Fund, for eligible applicants, as specified, assisting eligible communities, as defined.

end delete begin delete

This bill would also require the department to include in the 3-year investment plan an allocation to the state board for that technical assistance program.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 11106 of the end insert begin insert Penal Code end insert begin insert is amended to
read: end insert

11106.  

(a) (1) In order to assist in the investigation of crime,
the prosecution of civil actions by city attorneys pursuant to
paragraph (3) of subdivision (b), the arrest and prosecution of
criminals, and the recovery of lost, stolen, or found property, the
Attorney General shall keep and properly file a complete record
of all of the following:

(A) All copies of fingerprints.

(B) Copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215.

(C) Information reported to the Department of Justice pursuant
to Section 26225, 27875, 27920, or 29830.

(D) Dealers’ records of sales of firearms.

(E) Reports provided pursuant to Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
pursuant to any provision listed in subdivision (a) of Section 16585.

(F) Forms provided pursuant to Section 12084, as that section
read prior to being repealed on January 1, 2006.

(G) Reports provided pursuant to Article 1 (commencing with
Section 26700) and Article 2 (commencing with Section 26800)
of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’
records of sales of firearms.

(H) Information provided pursuant to Section 28255.

(I) Reports of stolen, lost, found, pledged, or pawned property
in any city or county of this state.

begin insert

(J) Ammunition vendor license information pursuant to Article
3 (commencing with Section 30345) of Chapter 1 of Division 10
of Title 4 of Part 6.

end insert begin insert

(K) Information required by Section 30369.

end insert

(2) The Attorney General shall, upon proper application therefor,
furnish the information to the officers referred to in Section 11105.

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

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

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

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

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

(E) Former Section 12084.

(F) Section 28255.

(G) Any other law.

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

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

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

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

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

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

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

(c) (1) If the conditions specified in paragraph (2) are met, any
officer referred to in paragraphs (1) to (6), inclusive, of subdivision
(b) of Section 11105 may disseminate the name of the subject of
the record, the begin insert fact of any ammunition purchases by that person
based on information supplied to the department pursuant to
Section 30352, the end insert number of the firearms listed in the record, and
the description of any firearm, including the make, model, and
caliber, from the record relating to any firearm’s sale, transfer,
registration, or license record, or any information reported to the
Department of Justice pursuant to any of the following:

(A) Section 26225, 27875, or 27920.

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

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

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

(E) Article 2 (commencing with Section 28150) of Chapter 6
of Division 6 of Title 4 of Part 6.

(F) Article 5 (commencing with Section 30900) of Chapter 2
of Division 10 of Title 4 of Part 6.

(G) Chapter 2 (commencing with Section 33850) of Division
11 of Title 4 of Part 6.

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

(2) Information may be disseminated pursuant to paragraph (1)
only if all of the following conditions are satisfied:

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

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

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

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

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 16150 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

16150.  

(a) As used in begin delete Section 30300, end delete begin insert this part, except as
specified in subdivision (b), end insert “ammunition” means begin delete handgun
ammunition as defined in Section 16650. end delete begin insert one or more loaded
cartridges consisting of a primer case, propellant, and with one
or more projectiles. “Ammunition” does not include blanks. end insert

(b) As used in subdivision (a) of Section 30305 and in Section
30306, “ammunition” includes, but is not limited to, any bullet,
cartridge, magazine, clip, speed loader, autoloader, or projectile
capable of being fired from a firearm with a deadly consequence.
“Ammunition” does not include blanks.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 16151 is added to the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

begin insert 16151. end insert   

Commencing January 1, 2018, as used in this part,
“ammunition vendor” means any person, firm, corporation, dealer,
or any other business who has a current ammunition vendor license
issued pursuant to Section 30345.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 16650 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin delete

16650.  

(a) As used in this part, “handgun ammunition” means
ammunition principally for use in pistols, revolvers, and other
firearms capable of being concealed upon the person,
notwithstanding that the ammunition may also be used in some
rifles.

(b) As used in Section 30312 and in Article 3 (commencing
with Section 30345) of Chapter 1 of Division 10 of Title 4,
“handgun ammunition” does not include either of the following:

(1) Ammunition designed and intended to be used in an antique
firearm.

(2) Blanks.

end delete

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 16662 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin delete

16662.  

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

end delete

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 17315 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

17315.  

As used in Article begin insert 2 (commencing with Section 30300),
Article end insert 3 (commencing with Section begin delete 30345) end delete begin insert 30345), Article 4
(commencing with Section 30355), and Article 5 (commencing
with Section 30360) end insert of Chapter 1 of Division 10 of Title 4,
“vendor” means begin delete a handgun end delete begin insert an end insert ammunition vendor.

begin insert

begin insert SEC. 7. end insert   

end insert

begin insert Section 30000 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

30000.  

(a) The Attorney General shall establish and maintain
an online database to be known as the Prohibited Armed Persons
File. The purpose of the file is to cross-reference persons who have
ownership or possession of a firearm on or after January 1, 1996,
as indicated by a record in the Consolidated Firearms Information
System, and who, subsequent to the date of that ownership or
possession of a firearm, fall within a class of persons who are
prohibited from owning or possessing a firearm.

begin insert

(b) Commencing July 1, 2019, the file shall also be used to
cross-reference persons who attempt to acquire ammunition to
determine if those persons fall within a class of persons who are
prohibited from owning or possessing ammunition.

end insert begin delete

(b)

end delete

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

begin insert

begin insert SEC. 8. end insert   

end insert

begin insert Section 30306 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

30306.  

(a) Any person, corporation, begin insert firm, end insert or begin delete firm end delete begin insert other
business enterprise end insert who supplies, delivers, sells, or gives
possession or control of, any ammunition to any person who he
or she knows or using reasonable care should know is prohibited
from owning, possessing, or having under custody or control, any
ammunition or reloaded ammunition pursuant to subdivision (a)
or (b) of Section 30305, is guilty of a misdemeanor, punishable
by imprisonment in a county jail not exceeding one year, or a fine
not exceeding one thousand dollars ($1,000), or by both that fine
and imprisonment.

begin insert

(b) Any person, corporation, firm, or other business enterprise
who supplies, delivers, sells, or gives possession or control of, any
ammunition to any person who the person, corporation, firm, or
other business enterprise knows or has cause to believe is not the
actual purchaser or transferee or has cause to believe is not the
actual purchaser or transferee of the ammunition, with knowledge
or cause to believe that the ammunition is to be subsequently sold
or transferred to a person who is prohibited from owning,
possessing, or having under custody or control any ammunition
or reloaded ammunition pursuant to subdivision (a) or (b) of
Section 30305, is guilty of a misdemeanor, punishable by
imprisonment in a county jail not exceeding one year, or a fine
not exceeding one thousand dollars ($1,000), or by both that fine
and imprisonment.

end insert begin delete

(b)

end delete

begin insert (c) end insert  The provisions of this section are cumulative and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by this
section and another provision of law shall not be punished under
more than one provision.

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 30312 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin delete

30312.  

(a) Commencing February 1, 2011, the delivery or
transfer of ownership of handgun ammunition may only occur in
a face-to-face transaction with the deliverer or transferor being
provided bona fide evidence of identity from the purchaser or other
transferee.

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

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

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

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

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

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

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

(7) A handgun ammunition vendor.

(8) A consultant-evaluator.

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

end delete

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert Article 3 (commencing with Section 30345) of Chapter
1 of Division 10 of Title 4 of Part 6 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 11. end insert   

end insert

begin insert Article 3 (commencing with Section 30345) is added
to Chapter 1 of Division 10 of Title 4 of Part 6 of the end insert begin insert Penal Code end insert begin insert ,
to read: end insert

begin insert

 

Article begin insert 3. end insert   Ammunition Vendor License

 

begin insert 30345. end insert   

(a) Commencing January 1, 2018, only an ammunition
vendor who is licensed by the Department of Justice shall be
authorized to sell ammunition in this state, except as provided by
Article 5 (commencing with Section 30360).

(b) Subdivision (a) does not apply to the sale of ammunition by
any of the following:

(1) A commercial hunting club, as defined in Section 3240.5 of
the Fish and Game Code, provided the ammunition is used and
consumed on the licensed premises while engaged in lawful hunting
activity.

(2) A domesticated game bird hunting club, pursuant to Section
3270 of the Fish and Game Code, provided the ammunition is used
and consumed on the licensed premises while engaged in lawful
hunting activity.

(3) A domesticated migratory game bird shooting club, pursuant
to Article 4 (commencing with Section 3300) of Chapter 2 of Part
1 of Division 4 of the Fish and Game Code, provided the
ammunition is used and consumed on the licensed premises while
engaged in lawful hunting activity.

(4) A nonprofit mutual or public benefit corporation organized
pursuant to the Corporations Code that engages in recreational
shooting and lawful hunting activity provided that the ammunition
is used and consumed during the shooting or hunting event
conducted by that nonprofit or public benefit corporation.

(5) A target facility that holds a business or regulatory license
provided that the ammunition is at all times kept within the
facility’s premises and used on the premises.

(6) A person who sells no more than 50 rounds of ammunition
to one vendor in one month or cumulatively sells no more than
250 rounds per year to vendors in this state.

(c) The Department of Justice is authorized to issue ammunition
vendor licenses pursuant to this article. The department shall,
commencing July 1, 2017, accept applications for ammunition
vendor licenses. The department shall issue a license or deny the
application for a license within 60 days of receipt of the application
in the first two years of implementation, and within 30 days
thereafter. If the application is denied, the department shall inform
the applicant of the reason for denial in writing.

(d) The ammunition vendor license shall be issued in a form
prescribed by the Attorney General and shall be valid for a period
of one year. The license shall allow the licensee to sell ammunition
from a fixed location and at any place set forth in subdivision (b)
of Section 30365.

begin insert 30346. end insert   

(a) The department may charge ammunition vendor
license applicants a fee sufficient to cover the reasonable costs of
issuing a certificate of eligibility, as described, except for those
persons or entities described in subdivision (d) of Section 30347.

(b) The fees received by the department pursuant to this article
shall be deposited in the Ammunition Special Account, which is
hereby created. The revenue in the fund shall be available, upon
appropriation by the Legislature, for use by the Department of
Justice for the purpose of implementing and enforcing the
provisions of this article, Article 4 (commencing with Section
30355) and Article 5 (commencing with Section 30360).

begin insert 30347. end insert   

(a) The department is authorized to issue ammunition
vendor licenses to ammunition vendors who the department has
determined are not prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm, and have
a certificate of eligibility issued by the department.

(b) The department shall require any agent or employee of a
vendor who handles, sells, or delivers ammunition to obtain and
provide to the ammunition vendor a certificate of eligibility from
the Department of Justice pursuant to Section 26710. On the
application for the certificate, the agent or employee shall provide
the name and California ammunition vendor number of the vendor
with whom the person is employed.

(c) In the case of an entity other than a natural person, the
department shall issue the license to the business entity, pursuant
to the requirements in subdivisions (a) and (b).

(d) The department shall, upon request and in a manner
prescribed by the department, issue ammunition vendor licenses
to the following:

(1) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive.

(2) A person who is on the centralized list of federal firearms
licensees maintained by the department pursuant to Article 6
(commencing with Section 28450) of Chapter 6 of Division 6.

(3) A gunsmith as defined in Section 16630.

(4) A wholesaler as defined in Section 17340.

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

(e) The department shall keep a registry of all licensed
ammunition vendors.

(f) The department shall revoke the license of any ammunition
vendor who violates this article, Article 4 (commencing with
Section 30355), or Article 5 (commencing with Section 30360) in
any combination three times. The ammunition vendor shall
thereafter be permanently ineligible for an ammunition vendor
license.

end insert

begin insert

begin insert SEC. 12. end insert   

end insert

begin insert Article 4 (commencing with Section 30355) is added
to Chapter 1 of Division 10 of Title 4 of Part 6 of the end insert begin insert Penal Code end insert begin insert ,
to read: end insert

begin insert

 

Article begin insert 4. end insert   Ammunition Purchase Authorization

 

begin insert 30355. end insert   

(a) Any person who violates any provision of this article
is guilty of a misdemeanor, punishable by imprisonment in a county
jail not exceeding one year, or a fine not exceeding one thousand
dollars ($1,000), or by both that fine and imprisonment.

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

begin insert 30356. end insert   

(a) Commencing July 1, 2019, the department shall
electronically approve the purchase or transfer of ammunition
through a vendor, as defined in Section 16151, except as otherwise
specified. This approval shall occur at the time of purchase or
transfer, prior to the purchaser or transferee taking possession of
the ammunition.

(b) To determine if the purchaser or transferee is eligible to
purchase or possess ammunition, the department shall
cross-reference the ammunition purchaser’s or transferee’s name,
date of birth, current address, and driver’s license or other
government identification number, as described in Section 28180,
with the information maintained in the Automated Firearms System
(AFS). If the purchaser’s or transferee’s information does not
match an AFS entry, the transaction shall be denied. If the
purchaser’s or transferee’s information matches an AFS entry,
the department shall determine if the purchaser or transferee falls
within a class of persons who are prohibited from owning or
possessing ammunition by cross-referencing the Prohibited Armed
Persons File. If the purchaser or transferee is prohibited from
owning or possessing a firearm, the transaction shall be denied.

(c) A vendor is prohibited from providing a purchaser or
transferee ammunition without department approval. If a vendor
cannot electronically verify a person’s eligibility to purchase or
possess ammunition via an Internet connection, the department
shall provide a phone line to verify eligibility. This option is
available to ammunition vendors who can demonstrate legitimate
geographical and telecommunications limitations in submitting
the information electronically, and who are approved by the
department to use the phone line verification.

(d) The department shall recover the reasonable cost of
regulatory and enforcement activities related to this article by
charging ammunition purchasers and transferees a per-transaction
fee not to exceed one dollar ($1), provided, however, that the fees
may be increased at a rate not to exceed any increases in the
California Consumer Price Index as compiled and reported by the
Department of Industrial Relations, not to exceed the reasonable
regulatory and enforcement costs. The fees shall be deposited in
the Ammunition Special Account, to be available upon
appropriation by the Legislature, for use by the Department of
Justice for the purpose of implementing and enforcing this article,
Article 3 (commencing with Section 30345), and Article 5
(commencing with Section 30360).

(e) This section shall not apply to the sale, delivery, or transfer
of ammunition to any of the following, if properly identified prior
to the delivery of the ammunition by the vendor:

(1) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive.

(2) A person who is on the centralized list of federal firearms
licensees maintained by the department pursuant to Article 6
(commencing with Section 28450) of Chapter 6 of Division 6.

(3) A gunsmith as defined in Section 16630.

(4) A wholesaler as defined in Section 17340.

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

(6) An ammunition vendor.

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

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

(9) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale
or other transfer is for exclusive use by that government agency,
and, prior to the sale, delivery, or transfer of the ammunition,
written authorization from the head of the agency authorizing the
transaction is presented to the person from whom the purchase,
delivery, or transfer is being made. Proper written authorization
is defined as verifiable written certification from the head of the
agency, or designee, by which the purchaser, transferee, or person
otherwise acquiring ownership is employed, identifying the
employee as an individual authorized to conduct the transaction,
and authorizing the transaction for the exclusive use of the agency
by which that individual is employed.

(10) A properly identified sworn peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
or properly identified sworn member of a federal law enforcement
agency who is authorized to carry a firearm in the course and
scope of the officer’s duties.

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

(12) A person who purchases or receives ammunition at a target
facility holding a business or other regulatory license, provided
that the ammunition is at all times kept within the facility’s
premises and used on the premises.

(13) A commercial hunting club, as defined in Section 3240.5
of the Fish and Game Code.

(14) A domesticated game bird hunting club, pursuant to Section
3270 of the Fish and Game Code.

(15) A domesticated migratory game bird shooting club,
pursuant to Article 4 (commencing with Section 3300) of Chapter
2 of Part 1 of Division 4 of the Fish and Game Code.

(16) A participant at a shooting or hunting event conducted by
any of the following:

(A) A commercial hunting club, as defined in Section 3240.5 of
the Fish and Game Code, provided the ammunition is used and
consumed on the licensed premises while engaged in lawful hunting
activity.

(B) A domesticated game bird hunting club, pursuant to Section
3270 of the Fish and Game Code, provided the ammunition is used
and consumed on the licensed premises while engaged in lawful
hunting activity.

(C) A domesticated migratory game bird shooting club, pursuant
to Article 4 (commencing with Section 3300) of Chapter 2 of Part
1 of Division 4 of the Fish and Game Code, provided the
ammunition is used and consumed on the licensed premises while
engaged in lawful hunting activity.

(17) A nonprofit mutual or public benefit corporation organized
pursuant to the Corporations Code that engages in recreational
shooting and lawful hunting activity.

(18) A participant at a shooting or hunting event conducted by
a nonprofit mutual or public benefit corporation organized
pursuant to the Corporations Code that engages in recreational
shooting or lawful hunting activity provided that the ammunition
is used and consumed during the event.

(19) A person who is authorized to carry loaded firearms
pursuant to Section 25900, 25905, 25910, 25925, 26010, 26015,
26025, or 26030.

(20) A holder of a special weapons permit issued by the
department pursuant to Section 32650 or 33300, pursuant to Article
3 (commencing with Section 18900) of Chapter 1 of Division 5 of
Title 2, or pursuant to Article 4 (commencing with Section 32700)
of Chapter 6.

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

(22) A person authorized by the department pursuant to Section
30357.

begin insert 30357. end insert   

The department shall develop a procedure in which a
person who is not prohibited from purchasing or possessing
ammunition may be approved for a single ammunition transaction
or purchase. The department shall recover the cost of processing,
regulatory, and enforcement activities related to this section, by
charging the ammunition transaction or purchase applicant a fee
not to exceed the fee charged for the department’s Dealer Record
of Sale (DROS) process, as described in Section 28225, and not
to exceed the department’s reasonable costs.

end insert

begin insert

begin insert SEC. 13. end insert   

end insert

begin insert Article 5 (commencing with Section 30360) is added
to Chapter 1 of Division 10 of Title 4 of Part 6 of the end insert begin insert Penal Code end insert begin insert ,
to read: end insert

begin insert

 

Article begin insert 5. end insert   Ammunition Sales

 

begin insert 30360. end insert   

(a) Any person who violates any provision of this article
is guilty of a misdemeanor, punishable by imprisonment in a county
jail not exceeding one year, or a fine not exceeding one thousand
dollars ($1,000), or by both that fine and imprisonment.

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

begin insert 30362. end insert   

A vendor shall not permit any employee who the vendor
knows or reasonably should know is a person described in Chapter
2 (commencing with Section 29800) or Chapter 3 (commencing
with Section 29900) of Division 9 of this title, or Section 8100 or
8103 of the Welfare and Institutions Code, to handle, sell, or
deliver ammunition or deliver or have under his or her custody or
control, ammunition in the course and scope of employment.

begin insert 30363. end insert   

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

begin insert 30364. end insert   

(a) The sale, delivery, or transfer of ammunition may
only occur in a face-to-face transaction with the seller, deliverer,
or transferor being provided bona fide evidence of identity from
the purchaser or other transferee, provided, however, that
ammunition may be purchased over the Internet or through other
means of remote ordering if an ammunition vendor in this state
initially receives the ammunition and processes the transfer in
compliance with this article, Article 3 (commencing with Section
30345), and Article 4 (commencing with Section 30355). An
ammunition vendor is required to promptly and properly process
those transactions. An ammunition vendor may charge a fee to
process the transfer not to exceed ten dollars ($10) per transaction.
An ammunition vendor is not required to house ammunition orders
longer than 30 days.

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

(1) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive.

(2) A person who is on the centralized list of federal firearms
licensees maintained by the Department of Justice pursuant to
Article 6 (commencing with Section 28450) of Chapter 6 of
Division 6.

(3) A gunsmith as defined in Section 16630.

(4) A wholesaler as defined in Section 17340.

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

(6) An ammunition vendor.

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

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

(9) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale,
delivery, or other transfer is for exclusive use by that government
agency and, prior to the sale, delivery, or transfer of the
ammunition, written authorization is received from the head of
the agency, or designee, by which the purchaser, transferee, or
person otherwise acquiring ownership is employed, identifying
the employee as an individual authorized to conduct the
transaction, and authorizing the transaction for the exclusive use
of the agency employing the individual.

(10) A properly identified sworn peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
or properly identified sworn member of a federal law enforcement
agency who is authorized to carry a firearm in the course and
scope of the officer’s duties.

(11) A target facility holding a business or other regulatory
license.

(12) A commercial hunting club, as defined in Section 3240.5
of the Fish and Game Code.

(13) A domesticated game bird hunting club, pursuant to Section
3270 of the Fish and Game Code.

(14) A domesticated migratory game bird shooting club,
pursuant to Article 4 (commencing with Section 3300) of Chapter
2 of Part 1 of Division 4 of the Fish and Game Code.

(15) A nonprofit mutual or public benefit corporation organized
pursuant to the Corporations Code that engages in recreational
shooting and lawful hunting activity.

(16) A consultant-evaluator.

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

begin insert 30365. end insert   

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

(b) A vendor may sell ammunition at a gun show or event, as
described in Chapter 3 (commencing with Section 27200) of
Division 6, if the gun show or event is not conducted from any
motorized or towed vehicle.

(c) Sales of ammunition at a gun show or event shall comply
with Sections 30345, 30356, 30369, and 30370.

begin insert 30366. end insert   

(a) When neither party in an ammunition sale is a
vendor, the following shall apply:

(1) The seller shall deliver the ammunition to a vendor to
process the transaction.

(2) The vendor shall then promptly and properly deliver the
ammunition to the purchaser, if the sale is not prohibited, as if the
ammunition were the vendor’s own merchandise.

(3) If the vendor cannot legally deliver the ammunition to the
purchaser, the vendor shall forthwith return the ammunition to
the seller. This return is not subject to Section 30356.

(b) The vendor may charge the purchaser an administrative fee
to process the transaction, not to exceed ten dollars ($10) per
transaction processed.

(c) A person selling ammunition pursuant to this section is
exempt from the requirement to be licensed pursuant to Section
30345.

begin insert 30367. end insert   

(a) Notwithstanding Sections 30345 and 30366, the
sale of ammunition between the following is authorized so long
as it does not exceed fifty (50) rounds per month:

(1) The sale of ammunition between licensed hunters while
engaged in lawful hunting activity.

(2) The sale of ammunition between immediate family members,
spouses, or registered domestic partners.

(b) Notwithstanding Sections 30345 and 30366, the sale of
ammunition by a private individual to an authorized representative
of a city, city and county, county, state, or the federal government,
as part of a voluntary program is authorized.

(c) Ammunition acquired pursuant to subdivision (b) shall be
disposed of in the same manner as set forth for firearms in Sections
18000, 18005, or 34000.

begin insert 30368. end insert   

(a) Commencing July 1, 2019, a resident of this state
shall not bring or transport into this state any ammunition that he
or she purchased from outside of this state unless he or she first
has that ammunition delivered to an ammunition vendor in this
state for delivery to that resident pursuant to the procedures set
forth in Section 30366.

(b) Subdivision (a) does not apply to any of the following
bringing or transporting into this state any ammunition:

(1) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive.

(2) A person who is on the centralized list of federal firearms
licensees maintained by the department pursuant to Article 6
(commencing with Section 28450) of Chapter 6 of Division 6.

(3) A gunsmith as defined in Section 16630.

(4) A wholesaler as defined in Section 17340.

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

(6) An ammunition vendor.

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

(8) Authorized law enforcement representatives of cities,
counties, cities and counties, or state or federal governments for
exclusive use by those government agencies if, prior to the
importation, the person has written authorization from the head
of the agency authorizing the acquisition of that ammunition.
Proper written authorization is defined as verifiable written
certification from the head of the agency, or designee, by which
the person is employed, identifying the employee as an individual
authorized to acquire and import ammunition, and authorizing
the transaction for the exclusive use of the agency by which he or
she is employed.

(9) A properly identified sworn peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
or properly identified sworn member of a federal law enforcement
agency who is authorized to carry a firearm in the course and
scope of the officer’s duties.

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

(11) A person who purchases the ammunition from an immediate
family member, spouse, or registered domestic partner if the person
brings or transports into this state no more than 50 rounds.

(12) The executor or administrator of an estate that includes
ammunition.

(13) A person that at the time he or she acquired the ammunition
was not a resident of this state.

(14) Ammunition that is imported into this country pursuant to
provisions of Section 925(a)(4) of Title 18 of the United States
Code.

(15) A licensed hunter who purchased the ammunition outside
of this state for use in a lawful hunting activity that occurred
outside of this state if the person brings or imports no more than
50 rounds into this state and the ammunition is designed and
intended for use in the firearm the hunter used in that hunting
activity.

(16) A person who attended and participated in an organized
competitive match or league competition that involves the use of
firearms in a match or competition; sponsored by, conducted under
the auspices of, or approved by, a law enforcement agency or a
nationally or state recognized entity that fosters proficiency in, or
promotes education about, firearms, and the person brings or
imports into this state no more than 50 rounds of ammunition
designed and intended to be used in the firearm the person used
in the match or competition.

begin insert 30369. end insert   

(a) Commencing July 1, 2019, a vendor shall not sell
or otherwise transfer ownership of any ammunition without, at
the time of delivery, legibly recording the following information:

(1) The purchaser’s full name.

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

(3) The date of the sale or other transaction.

(4) The brand, type, and amount of ammunition sold or
otherwise transferred.

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

(6) The purchaser’s or transferee’s full residential address and
telephone number.

(7) The purchaser’s or transferee’s date of birth.

(b) Commencing July 1, 2019, the vendor shall electronically
submit to the department the information required by subdivision
(a) in a format and a manner prescribed by the department for all
sales or other transfers of ammunition. The department shall retain
this information for two years in a database to be known as the
Ammunition Purchase Records File for the sole purpose of aiding
and assisting local and state law enforcement agencies in an active
investigation. The vendor shall not share any of the information
required by subdivision (a) for any reason other than for authorized
law enforcement purposes. The information in the Ammunition
Purchase Records File may be accessed by a state or local law
enforcement agency only if the department is provided a case
number or other sufficient information as determined by the
department that indicates an active investigation, and the
information sought is for the investigation or prosecution of that
case.

(c) In the case that a vendor cannot submit the information
required by subdivision (a) electronically via an Internet
connection, the department shall provide a telephone line to submit
the information if the vendor can demonstrate legitimate
geographic and telecommunications limitations to submitting the
information electronically, and the department approves the
vendor’s use of the telephone line.

(d) This section shall not apply to or affect sales or other
transfers of ammunition by ammunition vendors to any of the
following, if properly identified:

(1) A firearms dealer licensed pursuant to Sections 26700 to
26915, inclusive.

(2) A person who is on the centralized list of federal firearms
licensees maintained by the department pursuant to Article 6
(commencing with Section 28450) of Chapter 6 of Division 6.

(3) A gunsmith as defined in Section 16630.

(4) A wholesaler as defined in Section 17340.

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

(6) An ammunition vendor.

(7) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale
or other transfer is for exclusive use by that government agency,
and, prior to the sale, delivery, or transfer of the ammunition,
written authorization from the head of the agency, or designee,
authorizing the transaction is presented to the person from whom
the purchase, delivery, or transfer is being made. Proper written
authorization is defined as verifiable written certification from the
head of the agency, or designee, by which the purchaser,
transferee, or person otherwise acquiring ownership is employed,
identifying the employee as an individual authorized to conduct
the transaction, and authorizing the transaction for the exclusive
use of the agency by which that individual is employed.

(8) A properly identified sworn peace officer, as defined in
Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
or properly identified sworn member of a federal law enforcement
agency who is authorized to carry a firearm in the course and
scope of the officer’s duties.

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

(10) A person who purchases or receives ammunition at a target
facility holding a business or other regulatory license, provided
that the ammunition is at all times kept within the facility’s
premises and used on the premises.

(11) A commercial hunting club, as defined in Section 3240.5
of the Fish and Game Code.

(12) A domesticated game bird hunting club, pursuant to Section
3270 of the Fish and Game Code.

(13) A domesticated migratory game bird shooting club,
pursuant to Article 4 (commencing with Section 3300) of Chapter
2 of Part 1 of Division 4 of the Fish and Game Code.

(14) A participant at a shooting or hunting event conducted by
any of the following:

(A) A commercial hunting club, as defined in Section 3240.5 of
the Fish and Game Code, provided the ammunition is used and
consumed on the licensed premises while engaged in lawful hunting
activity.

(B) A domesticated game bird hunting club, pursuant to Section
3270 of the Fish and Game Code, provided the ammunition is used
and consumed on the licensed premises while engaged in lawful
hunting activity.

(C) A domesticated migratory game bird shooting club, pursuant
to Article 4 (commencing with Section 3300) of Chapter 2 of Part
1 of Division 4 of the Fish and Game Code, provided the
ammunition is used and consumed on the licensed premises while
engaged in lawful hunting activity.

(15) A nonprofit mutual or public benefit corporation organized
pursuant to the Corporations Code that engages in recreational
shooting and lawful hunting activity.

(16) A participant at a shooting or hunting event conducted by
a nonprofit mutual or public benefit corporation organized
pursuant to the Corporations Code that engages in recreational
shooting or lawful hunting activity provided that the ammunition
is used and consumed during the event.

begin insert 30370. end insert   

A vendor shall not knowingly make a false entry in, or
fail to make a required entry of information in accordance with
Section 30369.

end insert

begin insert

begin insert SEC. 14. end insert   

end insert begin insert

No reimbursement is required by this act pursuant
to Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

end insert begin insert

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.

end insert

begin insert

begin insert SEC. 15. end insert   

end insert begin insert

The Legislature finds and declares that Section 13
of this act, which adds Section 30369 to the Penal Code, imposes
a limitation on the public’s right of access to the meetings of public
bodies or the writings of public officials and agencies within the
meaning of Section 3 of Article I of the California Constitution.
Pursuant to that constitutional provision, the Legislature makes
the following findings to demonstrate the interest protected by this
limitation and the need for protecting that interest:

end insert begin insert

In order to protect the personal information of ammunition
purchasers, it is necessary that this act limit the public’s right of
access to that information.

end insert

begin delete

SECTION 1.  

Section 39713 of the Health and Safety Code is
amended to read:

39713.  

(a) The investment plan developed and submitted to
the Legislature, pursuant to Section 39716, shall allocate a
minimum of 25 percent of the available moneys in the fund to
projects that provide benefits to communities described in Section
39711.

(b) The investment plan shall allocate a minimum of 10 percent
of the available moneys in the fund to projects located within
communities described in Section 39711.

(c) The allocation pursuant to subdivision (b) may be, but need
not be, for projects included, in whole or in part, in the set of
projects supported by the allocation described in subdivision (a).

(d) The state board shall prepare and post on its Internet Web
site a report on the projects funded pursuant to this section. The
report shall include all of the following:

(1) A general description of the project.

(2) The location where the project will be implemented.

(3) The estimated date of completion of each project.

(4) The amount awarded to each project.

(5) The status of any moneys in the fund that are not awarded
pursuant to this section and the reasons, if any, why those moneys
have not been awarded.

SEC. 2.  

Section 39713.5 is added to the Health and Safety
Code, to read:

39713.5.  

(a) For purposes of this section, “eligible
communities” means census tracts identified as disadvantaged
pursuant to Section 39711 or with median incomes at or below 80
percent of the statewide median income.

(b) The investment plan developed and submitted to the
Legislature pursuant to Section 39716 shall allocate from the
available moneys in the fund technical assistance moneys to the
state board to implement this section. That allocation of technical
assistance moneys shall not be used to satisfy the requirements of
subdivisions (a) and (b) of Section 39713.

(c) (1) Upon an appropriation of moneys from the fund, the
state board shall establish a comprehensive technical assistance
program for eligible applicants assisting eligible communities that
the state board determines require technical assistance in accessing
programs allocated moneys appropriated from the fund.

(2) Eligible applicants include, but are not limited to, regional
agencies and nonprofit organizations coordinating with local
governments.

(3) (A) The state board, in consultation with the California
Environmental Protection Agency and agencies that administer
programs using moneys appropriated from the fund, shall develop
guidelines to implement this program consistent with this section.

(B) The state board shall provide an opportunity for public
comment prior to finalizing the guidelines.

(d) The state board shall prioritize technical assistance for those
communities demonstrating the greatest need for increased capacity
to access programs using moneys appropriated from the fund.

(e) The program established pursuant to this section shall
provide assistance to eligible applicants with any of the following:

(1) Identifying state agencies with appropriate grant programs.

(2) Developing competitive project proposals to apply for
moneys available through state agencies or pursuant to this chapter.

(3) Coordinating existing local programs to reduce greenhouse
gas emissions with new programs receiving moneys pursuant to
this chapter.

(4) Conducting community outreach to residents of eligible
communities that the state board determines require technical
assistance on consumer programs receiving state or local moneys
pursuant to this chapter or for other programs that reduce
greenhouse gas emissions.

(f) Technical assistance provided pursuant to this section shall
promote programs that reduce emissions of greenhouse gases and
demonstrate a direct, meaningful benefit to eligible communities.
Cobenefits of these programs may include, but are not limited to,
improved air quality, improved water quality, improved public
health, increased access to employment in clean energy, increased
access to affordable housing and transit, reduced residential and
commercial water use, and increased residential and commercial
energy efficiency.

end delete