Amended in Senate May 4, 2016

Amended in Senate April 25, 2016

Amended in Senate April 13, 2016

Senate Bill No. 1235

Introduced by Senator De León

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(Principal coauthor: Assembly Member McCarty)

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February 18, 2016

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 begin delete 16662 end delete begin insert 16650, 16662, end insert 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.

LEGISLATIVE COUNSEL’S DIGEST

SB 1235, as amended, De León. Ammunition.

(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.

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.

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

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(2) Existing law defines the term “ammunition” for certain prohibited ammunition transactions to mean ammunition principally for use in handguns, as specified. Existing law makes the violation of those prohibited transactions a crime.

end delete begin delete

This bill would instead define the term “ammunition” for those and other purposes to mean one or more loaded cartridges consisting of a primer case, propellant, and with one or more projectiles.

end delete begin delete

By expanding the scope of an existing crime, this bill would impose a state-mandated local program.

end delete begin delete

(3)

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begin insert (2) end insert  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.

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

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(4)

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

This bill would 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.

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(5)

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begin insert (4) end insert  Existing law establishes the Prohibited Armed Persons File, the purpose of which is to cross-reference persons prohibited from possessing firearms with records of firearm transactions to determine if these persons have acquired or attempted to acquire firearms. Under existing law, a person who is prohibited from owning or possessing a firearm is prohibited from owning, possessing, or having under his or her custody or control any ammunition or reloaded ammunition.

This bill would, commencing July 1, 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.

begin delete

(6)

end delete

begin insert (5) end insert  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.

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.

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(7)

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begin insert (6) end insert  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.

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.

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(8)

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begin insert (7) end insert  Existing law, subject to exceptions, requires a handgun ammunition vendor to record specified information at the time of delivery of handgun ammunition to a purchaser, as specified.

This bill would extend those provisions to transactions of any ammunition and would, commencing 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.

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 begin insert and ammunition transaction fees end insert would be deposited and made available, upon appropriation by the Legislature, to the department for purposes of enforcing the ammunition vendor licensing begin insert and ammunition purchasing end insert 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.

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(9)

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

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(10)

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

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

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.

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

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

SECTION 1.  

Section 11106 of the Penal Code is amended to
read:

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.

(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.

(K) Information required by Section 30369.

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

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

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

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

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

(c) (1) 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 fact of any ammunition purchases by that person
based on information supplied to the department pursuant to
Section 30352, the number of the firearms listed in the record, and
the description of any firearm, including the make, model, and
caliber, from the record relating to any firearm’s sale, transfer,
registration, or license record, or any information reported to the
Department of Justice pursuant to 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 Prevention 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.

SEC. 2.  

Section 16150 of the Penal Code is amended to read:

16150.  

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

(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.

SEC. 3.  

Section 16151 is added to the Penal Code, to read:

16151.  

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.

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begin insert SEC. 4. end insert   

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

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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 delete SEC. 4. end delete

begin insert SEC. 5. end insert   

Section 16662 of the Penal Code is repealed.

begin delete SEC. 5. end delete

begin insert SEC. 6. end insert   

Section 17315 of the Penal Code is amended to read:

17315.  

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

begin delete SEC. 6. end delete

begin insert SEC. 7. end insert   

Section 30000 of the Penal Code is amended to read:

30000.  

(a) The Attorney General shall establish and maintain
an online database to be known as the Prohibited Armed Persons
File. The purpose of the file is to cross-reference persons who have
ownership or possession of a firearm on or after January 1, 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.

(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.

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

begin delete SEC. 7. end delete

begin insert SEC. 8. end insert   

Section 30306 of the Penal Code is amended to read:

30306.  

(a) Any person, corporation, firm, or other business
enterprise 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.

(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.

(c) 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 delete SEC. 8. end delete

begin insert SEC. 9. end insert   

Section 30312 of the Penal Code is repealed.

begin delete SEC. 9. end delete

begin insert SEC. 10. end insert   

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

begin delete SEC. 10. end delete

begin insert SEC. 11. end insert   

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

 

Article 3.  Ammunition Vendor License

 

30345.  

(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.

30346.  

(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).

30347.  

(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.

begin delete SEC. 11. end delete

begin insert SEC. 12. end insert   

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

 

Article 4.  Ammunition Purchase Authorization

 

30355.  

(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.

30356.  

(a) Commencing begin delete July 1,2019, end delete begin insert July 1, 2019 end insert 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 begin delete section end delete begin insert article end insert
by charging ammunition purchasers begin insert and transferees end insert 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 begin insert and enforcement end insert costs. The fees shall
be deposited in the Ammunition Special begin delete Account. end delete begin insert 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). end insert

(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,
begin delete 26025 end delete begin insert 26025, end insert 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.

30357.  

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 begin delete Department end delete begin insert department end insert 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 begin delete Department’s end delete
begin insert department’s end insert Dealer Record of Sale (DROS) process, as described
in Section 28225, and not to exceed the department’s reasonable
costs.

begin delete SEC. 12. end delete

begin insert SEC. 13. end insert   

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

 

Article 5.  Ammunition Sales

 

30360.  

(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.

30362.  

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.

30363.  

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.

30364.  

(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.

30365.  

(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.

30366.  

(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.

30367.  

(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.

30368.  

(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.

30369.  

(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.

30370.  

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

begin delete SEC. 13. end delete

begin insert SEC. 14. end 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.

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.

begin delete SEC. 14. end delete

begin insert SEC. 15. end insert   

The Legislature finds and declares that Section begin delete 12 end delete
begin insert 13 end insert 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:

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.