BILL ANALYSIS Ó
AB 156
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
156 (McCarty)
As Amended May 17, 2016
Majority vote
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|ASSEMBLY: | |(June 3, 2015) |SENATE: |24-15 |(May 19, 2016) |
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(vote not relevant)
Original Committee Reference: PUB. S.
SUMMARY: Creates a new regulatory framework for the purchase
and sale of ammunition in California.
The Senate amendments delete the Assembly version of the bill
and instead:
1)Require the Department of Justice (DOJ) to maintain ammunition
vendor license information, ammunition transaction
information, and authorizes specified agencies, officials, and
officers to disseminate the name of a person and specified
ammunition purchase information by that person if the subject
of the record has been arraigned, is being prosecuted, or is
serving a sentence for conviction of domestic violence or is
the subject of a protective order, as specified.
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2)Define "ammunition" to mean one or more loaded cartridges
consisting of primer case, propellant, and with one or more
projectiles. Ammunition does not include blanks.
3)State that effective January 1, 2018, "ammunition vendor"
means any person, firm, corporation, dealer, or any other
business that has a current ammunition vendor license, as
specified.
4)Require commencing January 1, 2019, that information contained
in the Armed Prohibited Persons File (APPS) 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.
5)Provide that 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
is guilty of a misdemeanor, punishable by imprisonment in a
county jail not exceeding one year, or a fine not exceeding
1,000, or by both that fine and imprisonment.
6)State that commencing January 1, 2018, only an ammunition
vendor that is licensed by the DOJ shall be authorized to sell
ammunition in this state, except for the following entities:
a) A commercial hunting club, as defined, provided the
ammunition is used and consumed on the licensed premises
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while engaged in lawful hunting activity;
b) A domesticated game bird hunting club, as defined,
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, as
defined, provided the ammunition is used and consumed on
the licensed premises while engaged in lawful hunting
activity;
d) A nonprofit mutual or public benefit corporation
organized, as specified, 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;
e) 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;
and,
f) 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.
7)Authorize the DOJ 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. 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
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sell ammunition from a fixed location, except as specified.
8)Require the DOJ to issue ammunition vendor licenses to
ammunition vendors who are not prohibited by law from
possessing, receiving, owning, or purchasing a firearm and
possess a certificate of eligibility (COE), and requires any
agent or employee of a vendor who handles, sells, or delivers
ammunition to possess a COE.
9)Require the DOJ, upon request, to issue ammunition vendor
licenses to the following:
a) Firearms dealers;
b) Federal firearms licensees;
c) A gunsmith;
d) A wholesaler, and,
e) A licensed manufacturer or importer of firearms or
ammunition.
10)State that commencing July 1, 2019, the department shall
electronically approve the purchase or transfer of ammunition
through a vendor, 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.
11)Provide that 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
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
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from owning or possessing ammunition by cross-referencing the
APP File. If the purchaser or transferee is prohibited from
owning or possessing a firearm, the transaction shall be
denied.
12)Prohibit a vendor 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 DOJ 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
DOJ to use the phone line verification.
13)Allow the DOJ 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 $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 Act.
14)Provide that the following are exempt from the ammunition
purchase requirements:
a) Firearms dealers;
b) A person on the centralized list of federal firearms
licensees;
c) A gunsmith;
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d) A wholesaler;
e) A licensed manufacturer or importer of firearms or
ammunition;
f) A person whose licensed premises are outside the state,
and the person is federally licensed as a dealer or
collector of firearms;
g) A person who is a federally licensed as a collector of
firearms whose licensed premises are within the state and
who has a current COE issued by DOJ;
h) 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;
i) A properly identified sworn federal, state, or local
peace officer;
j) A target facility that holds a business or regulatory
license;
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aa) A person who purchases or receives ammunition at a
target facility holding a business license or other
regulatory license, provided that the ammunition is at all
times kept within the facility's premises and used on the
premises.
bb) A commercial hunting club, as defined;
cc) A domesticated game bird hunting club, as defined;
dd) A domesticated migratory game bird hunting club, as
defined;
ee) A domesticated migratory game bird shooting club, as
defined;
ff) A participant at a shooting or hunting event conducted
by any of the following:
i) A commercial hunting club, as defined, provided the
ammunition is used and consumed on the licensed premises
while engaged in lawful hunting activity;
ii) A domesticated game bird hunting club, as defined,
provided the ammunition is used and consumed on the
licensed premises while engaged in lawful hunting
activity;
iii) A domesticated migratory game bird shooting club, as
defined, provided the ammunition is used and consumed on
the licensed premises while engaged in lawful hunting
activity;
gg) A nonprofit mutual or public benefit corporation
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organized, as specified, that engages in recreational
shooting and lawful hunting activity;
hh) A nonprofit mutual or public benefit corporation
organized, as specified, 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;
ii) A peace officer, retired peace officer, or holder of a
concealed weapons permit who is authorized to carry a
loaded weapon;
jj) A holder of a special weapons permit issued by the DOJ;
aaa) A holder of a valid entertainment firearms permit issued
by the DOJ; and,
bbb) A person who is not prohibited from purchasing or
possessing a firearm who has been approved for a single
ammunition transaction or purchase.
15)State that a vendor shall not permit an employee who the
vendors knows or reasonably should know is a person that is
prohibited from purchasing or owning a firearm to handle, sell
or deliver ammunition in the course and scope of employment.
16)Provide that 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.
17)Require the sale, delivery, or transfer of ammunition to
occur only in a face-to-face transaction with the seller,
deliverer, or transferor being provided bona fide evidence of
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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 as required by law. 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 $10 per transaction. An ammunition vendor is
not required to house ammunition orders longer than 30 days.
18)Provide that the following persons are exempt from the
ammunition sales requirements:
a) Firearms dealers;
b) A person on the centralized list of federal firearms
licensees;
c) A gunsmith;
d) A wholesaler;
e) A licensed manufacturer or importer of firearms or
ammunition;
f) A person whose licensed premises are outside the state,
and the person is federally licensed as a dealer or
collector of firearms;
g) A person who is a federally licensed as a collector of
firearms whose licensed premises are within the state and
who has a current COE issued by DOJ;
h) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if
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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;
i) A properly identified sworn federal, state, or local
peace officer;
j) A target facility that holds a business or regulatory
license;
aa) A commercial hunting club, as defined;
bb) A domesticated game bird hunting club, as defined;
cc) A domesticated migratory game bird hunting club, as
defined;
dd) A domesticated migratory game bird shooting club, as
defined;
ee) A nonprofit mutual or public benefit corporation
organized, as specified, that engages in recreational
shooting and lawful hunting activity;
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ff) A consultant-evaluator; and,
gg) A contract or common carrier or an authorized agent or
employee thereof.
19)Require that ammunition sales be conducted at the location
specified in the license, but a vendor may sell ammunition at
a gun show or event, as specified.
20)Provide that when neither party to an ammunition sales is a
licensed vendor, the following shall apply:
a) The seller shall deliver the ammunition to a vendor to
process the transaction.
b) 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.
c) 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
Penal Code Section 30356.
d) The vendor may charge the purchaser an administrative
fee to process the transaction, not to exceed $10 per
transaction processed.
e) A person selling ammunition pursuant to this section is
exempt from the requirement to be licensed as an ammunition
vendor.
21)State that notwithstanding the purchase and sale requirements
of this act, the sale of ammunition between the following is
authorized so long as it does not exceed 50 rounds per month:
a) The sale of ammunition between licensed hunters while
engaged in lawful hunting activity.
b) The sale of ammunition between immediate family members,
spouses, or registered domestic partners.
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22)Provide that commencing July1, 2019, a resident of this state
shall not bring into this state any ammunition that he or she
purchased from outside this state unless he or she first has
that ammunition delivered to an ammunition vendor in this
state for delivery to the resident, as specified.
23)Provide that the following persons are exempt from the
requirements related to bringing into this state any
ammunition:
a) Firearms dealers;
b) A person on the centralized list of federal firearms
licensees;
c) A gunsmith;
d) A wholesaler;
e) A licensed manufacturer or importer of firearms or
ammunition;
f) An ammunition vendor;
g) A person who is a federally licensed as a collector of
firearms whose licensed premises are within the state and
who has a current COE issued by DOJ;
h) 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
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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;
i) A properly identified sworn federal, state, or local
peace officer;
j) A contract or common carrier or an authorized agent or
employee thereof, when acting in conformance of federal
law;
aa) 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.
bb) The executor or administrator of an estate that includes
ammunition.
cc) A person that at the time he or she acquired the
ammunition was not a resident of this state;
dd) Ammunition that is imported into this country, as
specified;
ee) 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.
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ff) 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.
24)Provide that commencing January 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:
a) The purchaser's full name;
b) The purchaser's or transferee's driver's license or
other identification number and the state in which it was
issued;
c) The date of the sale or other transaction;
d) The brand, type, and amount of ammunition sold or
otherwise transferred;
e) The name of the salesperson who processed the sale or
other transaction;
f) The purchaser's or transferee's full residential address
and telephone number; and,
g) The purchaser's or transferee's date of birth.
25)State that commencing July 1, 2019, the vendor shall
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electronically submit to the DOJ ammunition purchase
information 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 ammunition purchase
information 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.
26)Provide that in the case a vendor cannot electronically
transmit the required ammunition purchase information via an
Internet connection, the DOJ shall provide a telephone line to
submit the information the vendor can demonstrate legitimate
geographic and telecommunications limitations to submitting
the information electronically, and the DOJ approves the
vendor's use of the telephone line.
27)Provide that the following persons are exempt from the
electronic submission of ammunition purchase information:
a) Firearms dealers;
b) A person on the centralized list of federal firearms
licensees;
c) A gunsmith;
d) A wholesaler;
e) A licensed manufacturer or importer of firearms or
ammunition;
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f) An ammunition vendor;
g) 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;
h) A properly identified sworn federal, state, or local
peace officer;
i) A target facility that holds a business or regulatory
license;
j) A commercial hunting club, as defined;
aa) A domesticated game bird hunting club, as defined;
bb) A domesticated migratory game bird hunting club, as
defined;
cc) A domesticated migratory game bird shooting club, as
defined;
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dd) A participant at a shooting or hunting event conducted
by any of the following:
i) A commercial hunting club, as defined, provided the
ammunition is used and consumed on the licensed premises
while engaged in lawful hunting activity;
ii) A domesticated game bird hunting club, as defined,
provided the ammunition is used and consumed on the
licensed premises while engaged in lawful hunting
activity;
iii) A domesticated migratory game bird shooting club, as
defined, provided the ammunition is used and consumed on
the licensed premises while engaged in lawful hunting
activity;
ee) A nonprofit mutual or public benefit corporation
organized, as specified, that engages in recreational
shooting and lawful hunting activity;
ff) A participant at a shooting or hunting event conducted
by a nonprofit mutual or public benefit corporation
organized, as specified, that engages in recreational
shooting and lawful hunting activity provided that the
ammunition is used and consumed during the event.
28)Prohibit a vendor from knowingly making a false entry, or
failing to make a required entry of ammunition purchase
information.
29)Provide that any person that violates any requirement related
to the sale or purchase of ammunition is guilty of a
misdemeanor punishable by imprisonment in a county jail not
exceeding one year, or by a fine not exceeding $1,000, or by
both imprisonment and a fine.
AS PASSED BY THE ASSEMBLY, this bill required the Greenhouse Gas
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Reduction Fund (GGRF) Investment Plan to allocate technical
assistance funds to the Air Resources Board (ARB) to assist
disadvantaged and low-income communities in developing
greenhouse gas (GHG) reduction project funding proposals.
Further required ARB to report on projects funded in or
benefiting disadvantaged communities.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)Project development: Major one-time costs to the Department
of Justice (DOJ) potentially in excess of $25 million (Special
Fund*/General Fund) to a) develop the system enabling
real-time review and approval of transactions at the point of
sale/transfer, b) develop the Ammunition Purchase Records
database enabling electronic submission of purchaser
information and law enforcement access, as specified, and c)
create a vendor licensing application process and registry.
Staff notes a General Fund appropriation or loan would likely
be necessary to support the start-up costs of these projects,
as sufficient fees would not be collected until after the
necessary infrastructure is in place.
2)Ongoing DOJ workload: Ongoing costs potentially in the
millions of dollars (Special Fund*) annually to be offset by
fees collected for vendor licenses and point of sale
transactions, to support staffing for a) ongoing enforcement
of the ammunition vendor licensing, purchase, and sale
provisions, b) completion of cross-checks of firearms
databases prior to ammunition purchase and transfer approvals,
c) the collection, retention of ammunition purchase records,
licenses, maintenance, and storage.
3)Local law enforcement agencies: Potentially significant
non-reimbursable local costs (Local Funds) for enforcement and
incarceration resulting from the new misdemeanor offenses
created under the provisions of this bill.
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4)State prisons: Potentially significant increase in state
costs (General Fund) to the extent the point of sale
ammunition transactions cross check against APPS prompts
additional DOJ enforcement actions. No new commitments to
state prison are estimated based on the revised definition of
"ammunition." Although the bill redefines "ammunition" for
the entirety of Part 6 of the Penal Code, there is an
exception to the revised definition under existing law which
provides for a possible prison term for persons prohibited
from owning a firearm found in possession/ownership of
ammunition. The definition of "ammunition" for purposes of PC
Section 30305(a) is unchanged from existing law as specified
in PC Section 16150(b).
5)Ammunition sales: Potential ongoing loss of state sales tax
revenue (General Fund) due to the enhanced regulations on
ammunition sales that may deter sales transactions from being
attempted that would be denied at the point of sale. Every 5%
decline would result in $1.8 million (General Fund) in reduced
state sales tax revenues. It is unknown at this time to what
degree the $1 per transaction fee will impact consumer
behavior relative to the $10 vendor fee assessed to process
out of state sales transactions, upon which no sales tax would
be assessed.
*Ammunition Special Account
COMMENTS: According to the author, "we all know that there are
a lot of laws on the books that regulate gun sales, but
virtually no laws to regulate ammunition. Whether you are an
advocate for gun control or a staunch supporter of the 2nd
amendment, we all can agree that we must keep ammunition out of
the hands of those who seek to do harm. I know first-hand that
regulating ammunition is an effective tool to reduce gun
violence. As a City Councilmember in Sacramento, in 2007, I
authored an Ordinance that required ammunition sales to be
logged and those logs to be sent electronically to law
enforcement. After almost ten years of local laws, statewide
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efforts and court battles, this bill offers a common sense
solution that uses existing databases and new technology for a
simple point of sale system."
This bill was substantially amended in the Senate and the
Assembly-approved version of this bill was deleted. This bill,
as amended in the Senate, is inconsistent with the Assembly
actions and the provisions of this bill, as amended in the
Senate, have not been heard in an Assembly policy committee.
Analysis Prepared by:
Gregory Pagan / PUB. S. / (916) 319-3744 FN:
0003507