Amended in Senate May 17, 2016

Amended in Senate May 4, 2016

Amended in Senate April 25, 2016

Amended in Senate April 13, 2016

Senate BillNo. 1235


Introduced by Senator De León

(Principal coauthor: Assembly Member McCarty)

February 18, 2016


An act to amend Sectionsbegin delete 11106,end delete 16150, 17315, 30000, and 30306 of, to addbegin delete Sectionend deletebegin insert Sections 11106.5 andend insert 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.

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.begin delete Thisend deletebegin insert Theend insert 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 informationbegin insert regarding an ammunition purchaseend insert is disseminated with a “Victims of Domestic Violence”begin delete 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 deletebegin insert card.end insert

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

(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.

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

(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.

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.

(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.

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.

(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.

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 thebegin delete ammunition,end deletebegin insert ammunitionend insert 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.

(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.

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.

(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.

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 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.

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

(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.

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:

begin delete
P5    1

SECTION 1.  

Section 11106 of the Penal Code is amended to
2read:

3

11106.  

(a) (1) In order to assist in the investigation of crime,
4the prosecution of civil actions by city attorneys pursuant to
5paragraph (3) of subdivision (b), the arrest and prosecution of
6criminals, and the recovery of lost, stolen, or found property, the
7Attorney General shall keep and properly file a complete record
8of all of the following:

9(A) All copies of fingerprints.

10(B) Copies of licenses to carry firearms issued pursuant to
11Section 26150, 26155, 26170, or 26215.

12(C) Information reported to the Department of Justice pursuant
13to Section 26225, 27875, 27920, or 29830.

14(D) Dealers’ records of sales of firearms.

15(E) Reports provided pursuant to Article 1 (commencing with
16Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
17pursuant to any provision listed in subdivision (a) of Section 16585.

18(F) Forms provided pursuant to Section 12084, as that section
19read prior to being repealed on January 1, 2006.

20(G) Reports provided pursuant to Article 1 (commencing with
21Section 26700) and Article 2 (commencing with Section 26800)
22of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’
23records of sales of firearms.

24(H) Information provided pursuant to Section 28255.

25(I) Reports of stolen, lost, found, pledged, or pawned property
26in any city or county of this state.

27(J) Ammunition vendor license information pursuant to Article
283 (commencing with Section 30345) of Chapter 1 of Division 10
29of Title 4 of Part 6.

P6    1(K) Information required by Section 30369.

2(2) The Attorney General shall, upon proper application therefor,
3furnish the information to the officers referred to in Section 11105.

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

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

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

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

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

16(E) Former Section 12084.

17(F) Section 28255.

18(G) Any other law.

19(2) The registry shall consist of all of the following:

20(A) The name, address, identification of, place of birth (state
21or country), complete telephone number, occupation, sex,
22description, and all legal names and aliases ever used by the owner
23or person being loaned the particular firearm as listed on the
24information provided to the department on the Dealers’ Record of
25Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
26in former Section 12084, or reports made to the department
27pursuant to any provision listed in subdivision (a) of Section 16585,
28Section 28255, or any other law.

29(B) The name and address of, and other information about, any
30person, whether a dealer or a private party, from whom the owner
31acquired or the person being loaned the particular firearm and
32when the firearm was acquired or loaned as listed on the
33information provided to the department on the Dealers’ Record of
34Sale, the LEFT, or reports made to the department pursuant to any
35provision listed in subdivision (a) of Section 16585 or any other
36law.

37(C) Any waiting period exemption applicable to the transaction
38which resulted in the owner of or the person being loaned the
39particular firearm acquiring or being loaned that firearm.

P7    1(D) The manufacturer’s name if stamped on the firearm, model
2name or number if stamped on the firearm, and, if applicable, the
3serial number, other number if more than one serial number is
4stamped on the firearm, caliber, type of firearm, if the firearm is
5new or used, barrel length, and color of the firearm, or, if the
6firearm is not a handgun and does not have a serial number or any
7identification number or mark assigned to it, that shall be noted.

8(3) Information in the registry referred to in this subdivision
9shall, upon proper application therefor, be furnished to the officers
10referred to in Section 11105, to a city attorney prosecuting a civil
11action, solely for use in prosecuting that civil action and not for
12any other purpose, or to the person listed in the registry as the
13owner or person who is listed as being loaned the particular firearm.

14(4) If any person is listed in the registry as the owner of a firearm
15through a Dealers’ Record of Sale prior to 1979, and the person
16listed in the registry requests by letter that the Attorney General
17store and keep the record electronically, as well as in the record’s
18existing photographic, photostatic, or nonerasable optically stored
19form, the Attorney General shall do so within three working days
20of receipt of the request. The Attorney General shall, in writing,
21and as soon as practicable, notify the person requesting electronic
22storage of the record that the request has been honored as required
23by this paragraph.

24(c) (1) If the conditions specified in paragraph (2) are met, any
25officer referred to in paragraphs (1) to (6), inclusive, of subdivision
26(b) of Section 11105 may disseminate the name of the subject of
27the record, the fact of any ammunition purchases by that person
28based on information supplied to the department pursuant to
29Section 30352, the number of the firearms listed in the record, and
30the description of any firearm, including the make, model, and
31caliber, from the record relating to any firearm’s sale, transfer,
32registration, or license record, or any information reported to the
33Department of Justice pursuant to any of the following:

34(A) Section 26225, 27875, or 27920.

35(B) Article 1 (commencing with Section 26700) and Article 2
36(commencing with Section 26800) of Chapter 2 of Division 6 of
37Title 4 of Part 6.

38(C) Article 1 (commencing with Section 27500) of Chapter 4
39of Division 6 of Title 4 of Part 6.

P8    1(D) Chapter 5 (commencing with Section 28050) of Division
26 of Title 4 of Part 6.

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

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

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

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

10(2) Information may be disseminated pursuant to paragraph (1)
11only if all of the following conditions are satisfied:

12(A) The subject of the record has been arraigned for a crime in
13which the victim is a person described in subdivisions (a) to (f),
14inclusive, of Section 6211 of the Family Code and is being
15prosecuted or is serving a sentence for the crime, or the subject of
16the record is the subject of an emergency protective order, a
17temporary restraining order, or an order after hearing, which is in
18effect and has been issued by a family court under the Domestic
19Violence Prevention Act set forth in Division 10 (commencing
20with Section 6200) of the Family Code.

21(B) The information is disseminated only to the victim of the
22crime or to the person who has obtained the emergency protective
23order, the temporary restraining order, or the order after hearing
24issued by the family court.

25(C) Whenever a law enforcement officer disseminates the
26information authorized by this subdivision, that officer or another
27officer assigned to the case shall immediately provide the victim
28of the crime with a “Victims of Domestic Violence” card, as
29specified in subparagraph (H) of paragraph (9) of subdivision (c)
30of Section 13701.

31(3) The victim or person to whom information is disseminated
32pursuant to this subdivision may disclose it as he or she deems
33necessary to protect himself or herself or another person from
34bodily harm by the person who is the subject of the record.

end delete
35begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 11106.5 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
36read:end insert

begin insert
37

begin insert11106.5.end insert  

(a) In addition to the requirements of Section 11106,
38the Attorney General shall keep and properly file a complete record
39of both of the following:

P9    1
(1) Ammunition vendor license information pursuant to Article
23 (commencing with Section 30345) of Chapter 1 of Division 10
3of Title 4 of Part 6.

4
(2) Information required by Section 30369.

5
(b) If the conditions of paragraph (2) of subdivision (c) of
6Section 11106 are met, an officer referred to in paragraphs (1) to
7(6), inclusive, of subdivision (b) of Section 11105 may disseminate
8the fact of any ammunition purchases by the subject of a state
9summary criminal history record based on information supplied
10by the department pursuant to Section 30352.

end insert
11

SEC. 2.  

Section 16150 of the Penal Code is amended to read:

12

16150.  

(a) As used in this part, except as specified in
13subdivision (b), “ammunition” means one or more loaded cartridges
14consisting of a primer case, propellant, and with one or more
15projectiles. “Ammunition” does not include blanks.

16(b) As used in subdivision (a) of Section 30305 and in Section
1730306, “ammunition” includes, but is not limited to, any bullet,
18cartridge, magazine, clip, speed loader, autoloader, or projectile
19capable of being fired from a firearm with a deadly consequence.
20“Ammunition” does not include blanks.

21

SEC. 3.  

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

22

16151.  

Commencing January 1, 2018, as used in this part,
23“ammunition vendor” means any person, firm, corporation, dealer,
24or any other business who has a current ammunition vendor license
25issued pursuant to Section 30345.

26

SEC. 4.  

Section 16650 of the Penal Code is repealed.

27

SEC. 5.  

Section 16662 of the Penal Code is repealed.

28

SEC. 6.  

Section 17315 of the Penal Code is amended to read:

29

17315.  

As used in Article 2 (commencing with Section 30300),
30Article 3 (commencing with Section 30345), Article 4
31(commencing with Section 30355), and Article 5 (commencing
32with Section 30360) of Chapter 1 of Division 10 of Title 4,
33“vendor” means an ammunition vendor.

34

SEC. 7.  

Section 30000 of the Penal Code is amended to read:

35

30000.  

(a) The Attorney General shall establish and maintain
36an online database to be known as the Prohibited Armed Persons
37File. The purpose of the file is to cross-reference persons who have
38ownership or possession of a firearm on or after January 1, 1996,
39as indicated by a record in the Consolidated Firearms Information
40System, and who, subsequent to the date of that ownership or
P10   1possession of a firearm, fall within a class of persons who are
2prohibited from owning or possessing a firearm.

3(b) Commencing July 1, 2019, the file shall also be used to
4cross-reference persons who attempt to acquire ammunition to
5determine if those persons fall within a class of persons who are
6prohibited from owning or possessing ammunition.

7(c) The information contained in the Prohibited Armed Persons
8File shall only be available to those entities specified in, and
9pursuant to, subdivision (b) or (c) of Section 11105, through the
10California Law Enforcement Telecommunications System, for the
11purpose of determining if persons are armed and prohibited from
12possessing firearms.

13

SEC. 8.  

Section 30306 of the Penal Code is amended to read:

14

30306.  

(a) Any person, corporation, firm, or other business
15enterprise who supplies, delivers, sells, or gives possession or
16control of, any ammunition to any person who he or she knows or
17using reasonable care should know is prohibited from owning,
18possessing, or having under custody or control, any ammunition
19or reloaded ammunition pursuant to subdivision (a) or (b) of
20Section 30305, is guilty of a misdemeanor, punishable by
21imprisonment in a county jail not exceeding one year, or a fine not
22exceeding one thousand dollars ($1,000), or by both that fine and
23imprisonment.

24(b) Any person, corporation, firm, or other business enterprise
25who supplies, delivers, sells, or gives possession or controlbegin delete of, anyend delete
26begin insert ofend insert ammunition tobegin delete anyend deletebegin insert aend insert person who the person, corporation, firm,
27or other business enterprise knows or has cause to believe is not
28the actual purchaser or transfereebegin delete or has cause to believe is not the
29actual purchaser or transfereeend delete
of the ammunition, with knowledge
30or cause to believe that the ammunition is to be subsequently sold
31or transferred to a person who is prohibited from owning,
32possessing, or having under custody or control any ammunition
33or reloaded ammunition pursuant to subdivision (a) or (b) of
34Section 30305, is guilty of a misdemeanor, punishable by
35imprisonment in a county jail not exceeding onebegin delete year,end deletebegin insert yearend insert or a
36fine not exceeding one thousand dollars ($1,000), or by both that
37fine and imprisonment.

38(c) The provisions of this section are cumulative and shall not
39be construed as restricting the application of any other law.
40However, an act or omission punishable in different ways by this
P11   1section and another provision of law shall not be punished under
2more than one provision.

3

SEC. 9.  

Section 30312 of the Penal Code is repealed.

4

SEC. 10.  

Article 3 (commencing with Section 30345) of
5Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code is
6 repealed.

7

SEC. 11.  

Article 3 (commencing with Section 30345) is added
8to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code,
9to read:

10 

11Article 3.  Ammunition Vendor License
12

 

13

30345.  

(a) Commencing January 1, 2018, only an ammunition
14vendor who is licensed by the Department of Justice shall be
15authorized to sell ammunition in this state, except as provided by
16Article 5 (commencing with Section 30360).

17(b) Subdivision (a) does not apply to the sale of ammunition by
18any of the following:

19(1) A commercial hunting club, as defined in Section 3240.5 of
20the Fish and Game Code, provided the ammunition is used and
21consumed on the licensed premises while engaged in lawful
22hunting activity.

23(2) A domesticated game bird hunting club, pursuant to Section
243270 of the Fish and Game Code, provided the ammunition is used
25and consumed on the licensed premises while engaged in lawful
26hunting activity.

27(3) A domesticated migratory game bird shooting club, pursuant
28to Article 4 (commencing with Section 3300) of Chapter 2 of Part
291 of Division 4 of the Fish and Game Code, provided the
30ammunition is used and consumed on the licensed premises while
31engaged in lawful hunting activity.

32(4) A nonprofit mutual or public benefit corporation organized
33pursuant to the Corporations Code that engages in recreational
34shooting and lawful hunting activity provided that the ammunition
35is used and consumed during the shooting or hunting event
36conducted by that nonprofit or public benefit corporation.

37(5) A target facility that holds a business or regulatory license
38provided that the ammunition is at all times kept within the
39facility’s premises and used on the premises.

P12   1(6) A person who sells no more thanbegin delete 50end deletebegin insert 100end insert rounds of
2ammunition to one vendor in one month or cumulatively sells no
3more than 250 rounds per year to vendors in this state.

4(c) The Department of Justice is authorized to issue ammunition
5vendor licenses pursuant to this article. The department shall,
6commencing July 1, 2017, accept applications for ammunition
7vendor licenses. The department shall issue a license or deny the
8application for a license within 60 days of receipt of the application
9in the first two years of implementation, and within 30 days
10thereafter. If the application is denied, the department shall inform
11the applicant of the reason for denial in writing.

12(d) The ammunition vendor license shall be issued in a form
13prescribed by the Attorney General and shall be valid for a period
14of one year. The license shall allow the licensee to sell ammunition
15from a fixed location and at any place set forth in subdivision (b)
16of Section 30365.

17

30346.  

(a) The department may charge ammunition vendor
18license applicants a fee sufficient to cover the reasonable costs of
19issuing a certificate of eligibility, as described, except for those
20persons or entities described in subdivision (d) of Section 30347.

21(b) The fees received by the department pursuant to this article
22shall be deposited in the Ammunition Special Account, which is
23hereby created. The revenue in the fund shall be available, upon
24 appropriation by the Legislature, for use by the Department of
25Justice for the purpose of implementing and enforcing the
26provisions of this article, Article 4 (commencing with Section
2730355) and Article 5 (commencing with Section 30360).

28

30347.  

(a) The department is authorized to issue ammunition
29vendor licenses to ammunition vendors who the department has
30determined are not prohibited by state or federal law from
31possessing, receiving, owning, or purchasing abegin delete firearm,end deletebegin insert firearmend insert
32 andbegin insert whoend insert have a certificate of eligibility issued by the department.

33(b) The department shall require any agent or employee of a
34vendor who handles, sells, or delivers ammunition to obtain and
35provide to the ammunition vendor a certificate of eligibility from
36the Department of Justice pursuant to Section 26710. On the
37application for the certificate, the agent or employee shall provide
38the name and California ammunition vendor number of the vendor
39with whom the person is employed.

P13   1(c) In the case of an entity other than a natural person, the
2department shall issue the license to the business entity, pursuant
3to the requirements in subdivisions (a) and (b).

4(d) The department shall, upon request and in a manner
5prescribed by the department, issue ammunition vendor licenses
6to the following:

7(1) A firearms dealer licensed pursuant to Sections 26700 to
826915, inclusive.

9(2) A person who is on the centralized list of federal firearms
10licensees maintained by the department pursuant to Article 6
11(commencing with Section 28450) of Chapter 6 of Division 6.

12(3) A gunsmith as defined in Section 16630.

13(4) A wholesaler as defined in Section 17340.

14(5) A manufacturer or importer of firearms or ammunition
15licensed pursuant to Chapter 44 (commencing with Section 921)
16of Title 18 of the United Statesbegin delete Code,end deletebegin insert Codeend insert and the regulations
17issued pursuant thereto.

18(e) The department shall keep a registry of all licensed
19ammunition vendors.

20(f) The department shall revoke the license of any ammunition
21vendor who violates this article, Article 4 (commencing with
22Section 30355), or Article 5 (commencing with Section 30360) in
23any combination three times. The ammunition vendor shall
24thereafter be permanently ineligible for an ammunition vendor
25license.

26

SEC. 12.  

Article 4 (commencing with Section 30355) is added
27to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code,
28to read:

29 

30Article 4.  Ammunition Purchase Authorization
31

 

32

30355.  

(a) Any person who violates any provision of this
33article is guilty of a misdemeanor, punishable by imprisonment in
34a county jail not exceeding onebegin delete year,end deletebegin insert yearend insert or a fine not exceeding
35one thousand dollars ($1,000), or by both that fine and
36imprisonment.

37(b) The provisions of this article arebegin delete cumulative,end deletebegin insert cumulativeend insert
38 and shall not be construed as restricting the application of any
39other law. However, an act or omission punishable in different
P14   1ways by different provisions of law shall not be punished under
2more than one provision.

3

30356.  

(a) Commencing July 1, 2019 the department shall
4electronically approve the purchase or transfer of ammunition
5through a vendor, as defined in Section 16151, except as otherwise
6specified. This approval shall occur at the time of purchase or
7transfer, prior to the purchaser or transferee taking possession of
8the ammunition.

9(b) To determine if the purchaser or transferee is eligible to
10purchase or possess ammunition, the department shall
11cross-reference the ammunition purchaser’s or transferee’s name,
12date of birth, current address, and driver’s license or other
13government identification number, as described in Section 28180,
14with the information maintained in the Automated Firearms System
15(AFS). If the purchaser’s or transferee’s information does not
16match an AFS entry, the transaction shall be denied. If the
17purchaser’s or transferee’s information matches an AFS entry, the
18department shall determine if the purchaser or transferee falls
19within a class of persons who are prohibited from owning or
20possessing ammunition by cross-referencing the Prohibited Armed
21Persons File. If the purchaser or transferee is prohibited from
22owning or possessing a firearm, the transaction shall be denied.

23(c) A vendor is prohibited from providing a purchaser or
24transferee ammunition without department approval. If a vendor
25cannot electronically verify a person’s eligibility to purchase or
26possess ammunition via an Internet connection, the department
27shall provide a phone line to verify eligibility. This option is
28available to ammunition vendors who can demonstrate legitimate
29geographical and telecommunications limitations in submitting
30the informationbegin delete electronically,end deletebegin insert electronicallyend insert and who are approved
31by the department to use the phone line verification.

32(d) The department shall recover the reasonable cost of
33regulatory and enforcement activities related to this article by
34charging ammunition purchasers and transferees a per-transaction
35fee not to exceed one dollar ($1), provided, however, that thebegin delete feesend delete
36begin insert feeend insert may be increased at a rate not to exceed any increases in the
37California Consumer Price Index as compiled and reported by the
38Department of Industrial Relations, not to exceed the reasonable
39regulatory and enforcement costs. The fees shall be deposited in
40the Ammunition Special Account, to be available upon
P15   1appropriation by the Legislature, for use by the Department of
2Justice for the purpose of implementing and enforcing this article,
3Article 3 (commencing with Section 30345), and Article 5
4(commencing with Section 30360).

5(e) This section shall not apply to the sale, delivery, or transfer
6of ammunition to any of the following, if properly identified prior
7to the delivery of the ammunition by the vendor:

8(1) A firearms dealer licensed pursuant to Sections 26700 to
926915, inclusive.

10(2) A person who is on the centralized list of federal firearms
11licensees maintained by the department pursuant to Article 6
12(commencing with Section 28450) of Chapter 6 of Division 6.

13(3) A gunsmith as defined in Section 16630.

14(4) A wholesaler as defined in Section 17340.

15(5) A manufacturer or importer of firearms or ammunition
16licensed pursuant to Chapter 44 (commencing with Section 921)
17of Title 18 of the United Statesbegin delete Code,end deletebegin insert Codeend insert and the regulations
18issued pursuant thereto.

19(6) An ammunition vendor.

20(7) A person whose licensed premises are outside of this state
21and who is licensed as a dealer or collector of firearms pursuant
22to Chapter 44 (commencing with Section 921) of Title 18 of the
23United States Code and the regulations issued pursuant thereto.

24(8) A person who is licensed as a collector of firearms pursuant
25to Chapter 44 (commencing with Section 921) of Title 18 of the
26United States Code and the regulations issued pursuant thereto,
27whose licensed premises are within this state, and who has a current
28certificate of eligibility issued by the department pursuant to
29Section 26710.

30(9) An authorized law enforcement representative of a city,
31county, city and county, or state or federal government, if the sale
32or other transfer is for exclusive use by that government agency,
33and, prior to the sale, delivery, or transfer of the ammunition,
34written authorization from the head of the agency authorizing the
35transaction is presented to the person from whom the purchase,
36delivery, or transfer is being made. Proper written authorization
37is defined as verifiable written certification from the head of the
38agency, or designee, by which the purchaser, transferee, or person
39otherwise acquiring ownership is employed, identifying the
40employee as an individual authorized to conduct the transaction,
P16   1and authorizing the transaction for the exclusive use of the agency
2by which that individual is employed.

3(10) A properly identified sworn peace officer, as defined in
4Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
5or properly identified sworn member of a federal law enforcement
6agency who is authorized to carry a firearm in the course and scope
7 of the officer’s duties.

8(11) A target facility that holds a business or regulatory license.

9(12) A person who purchases or receives ammunition at a target
10facility holding a business or other regulatory license, provided
11that the ammunition is at all times kept within the facility’s
12premises and used on the premises.

13(13) A commercial hunting club, as defined in Section 3240.5
14of the Fish and Game Code.

15(14) A domesticated game bird hunting club, pursuant to Section
163270 of the Fish and Game Code.

17(15) A domesticated migratory game bird shooting club,
18pursuant to Article 4 (commencing with Section 3300) of Chapter
192 of Part 1 of Division 4 of the Fish and Game Code.

20(16) A participant at a shooting or hunting event conducted by
21any of the following:

22(A) A commercial hunting club, as defined in Section 3240.5
23of the Fish and Game Code, provided the ammunition is used and
24consumed on the licensed premises while engaged in lawful
25hunting activity.

26(B) A domesticated game bird hunting club, pursuant to Section
273270 of the Fish and Game Code, provided the ammunition is used
28and consumed on the licensed premises while engaged in lawful
29hunting activity.

30(C) A domesticated migratory game bird shooting club, pursuant
31to Article 4 (commencing with Section 3300) of Chapter 2 of Part
321 of Division 4 of the Fish and Game Code, provided the
33ammunition is used and consumed on the licensed premises while
34engaged in lawful hunting activity.

35(17) A nonprofit mutual or public benefit corporation organized
36pursuant to the Corporations Code that engages in recreational
37shooting and lawful hunting activity.

38(18) A participant at a shooting or hunting event conducted by
39a nonprofit mutual or public benefit corporation organized pursuant
40to the Corporations Code that engages in recreational shooting or
P17   1lawful hunting activity provided that the ammunition is used and
2consumed during the event.

3(19) A person who is authorized to carry loaded firearms
4pursuant to Section 25900, 25905, 25910, 25925, 26010, 26015,
526025, or 26030.

6(20) A holder of a special weapons permit issued by the
7department pursuant to Section 32650 or 33300, pursuant to Article
83 (commencing with Section 18900) of Chapter 1 of Division 5
9of Title 2, or pursuant to Article 4 (commencing with Section
1032700) of Chapter 6.

11(21) A holder of a valid entertainment firearms permit issued
12pursuant to Chapter 2 (commencing with Section 29500) of
13Division 8.

14(22) A person authorized by the department pursuant to Section
1530357.

16

30357.  

The department shall develop a procedure in which a
17person who is not prohibited from purchasing or possessing
18ammunition may be approved for a single ammunition transaction
19or purchase. The department shall recover the cost of processing,
20regulatory, and enforcement activities related to thisbegin delete section,end deletebegin insert sectionend insert
21 by charging the ammunition transaction or purchase applicant a
22fee not to exceed the fee charged for the department’s Dealer
23Record of Sale (DROS) process, as described in Section 28225,
24and not to exceed the department’s reasonable costs.

25

SEC. 13.  

Article 5 (commencing with Section 30360) is added
26to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code,
27to read:

28 

29Article 5.  Ammunition Sales
30

 

31

30360.  

(a) Any person who violates any provision of this
32article is guilty of a misdemeanor, punishable by imprisonment in
33a county jail not exceeding onebegin delete year,end deletebegin insert yearend insert or a fine not exceeding
34one thousand dollars ($1,000), or by both that fine and
35imprisonment.

36(b) The provisions of this article arebegin delete cumulative,end deletebegin insert cumulativeend insert
37 and shall not be construed as restricting the application of any
38other law. However, an act or omission punishable in different
39ways by different provisions of law shall not be punished under
40more than one provision.

P18   1

30362.  

A vendor shall not permit any employee who the vendor
2knows or reasonably should know is a person described in Chapter
32 (commencing with Section 29800) or Chapter 3 (commencing
4with Section 29900) of Division 9 of this title, or Section 8100 or
58103 of the Welfare and Institutions Code, to handle, sell, or deliver
6ammunition orbegin insert toend insert deliver or have under his or her custody or
7begin delete control,end deletebegin insert controlend insert ammunition in the course and scope of
8employment.

9

30363.  

A vendor shall not sell or otherwise transfer ownership
10of, offer for sale, or otherwise offer to transfer ownership of,
11display for sale, or display for transfer any ammunition in a manner
12that allows that ammunition to be accessible to a purchaser or
13transferee without the assistance of the vendor or an employee of
14the vendor.

15

30364.  

(a) The sale, delivery, or transfer of ammunition may
16only occur in a face-to-face transaction with the seller, deliverer,
17or transferor being provided bona fide evidence of identity from
18the purchaser or other transferee, provided, however, that
19ammunition may be purchased over the Internet or through other
20means of remote ordering if an ammunition vendor in this state
21initially receives the ammunition and processes the transfer in
22compliance with this article, Article 3 (commencing with Section
2330345), and Article 4 (commencing with Section 30355). An
24ammunition vendor is required to promptly and properly process
25those transactions. An ammunition vendor may charge a fee to
26process the transfer not to exceed ten dollars ($10) per transaction.
27An ammunition vendor is not required to house ammunition orders
28 longer than 30 days.

29(b) Subdivision (a) shall not apply to or affect the sale, delivery,
30or transfer of ammunition to any of the following:

31(1) A firearms dealer licensed pursuant to Sections 26700 to
3226915, inclusive.

33(2) A person who is on the centralized list of federal firearms
34licensees maintained by the Department of Justice pursuant to
35Article 6 (commencing with Section 28450) of Chapter 6 of
36Division 6.

37(3) A gunsmith as defined in Section 16630.

38(4) A wholesaler as defined in Section 17340.

39(5) A manufacturer or importer of firearms or ammunition
40licensed pursuant to Chapter 44 (commencing with Section 921)
P19   1of Title 18 of the United Statesbegin delete Code,end deletebegin insert Codeend insert and the regulations
2issued pursuant thereto.

3(6) An ammunition vendor.

4(7) A person whose licensed premises are outside this state and
5who is licensed as a dealer or collector of firearms pursuant to
6Chapter 44 (commencing with Section 921) of Title 18 of the
7United States Code and the regulations issued pursuant thereto.

8(8) A person who is licensed as a collector of firearms pursuant
9to Chapter 44 (commencing with Section 921) of Title 18 of the
10United States Code and the regulations issued pursuant thereto,
11whose licensed premises are within this state, and who has a current
12 certificate of eligibility issued by the Department of Justice
13pursuant to Section 26710.

14(9) An authorized law enforcement representative of a city,
15county, city and county, or state or federal government, if the sale,
16delivery, or other transfer is for exclusive use by that government
17agency and, prior to the sale, delivery, or transfer of the
18ammunition, written authorization is received from the head of the
19agency, or designee, by which the purchaser, transferee, or person
20otherwise acquiring ownership is employed, identifying the
21employee as an individual authorized to conduct the transaction,
22and authorizing the transaction for the exclusive use of the agency
23employing the individual.

24(10) A properly identified sworn peace officer, as defined in
25Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
26or properly identified sworn member of a federal law enforcement
27agency who is authorized to carry a firearm in the course and scope
28of the officer’s duties.

29(11) A target facility holding a business or other regulatory
30license.

31(12) A commercial hunting club, as defined in Section 3240.5
32of the Fish and Game Code.

33(13) A domesticated game bird hunting club, pursuant to Section
343270 of the Fish and Game Code.

35(14) A domesticated migratory game bird shooting club,
36pursuant to Article 4 (commencing with Section 3300) of Chapter
372 of Part 1 of Division 4 of the Fish and Game Code.

38(15) A nonprofit mutual or public benefit corporation organized
39pursuant to the Corporations Code that engages in recreational
40shooting and lawful hunting activity.

P20   1(16) A consultant-evaluator.

2(17) A contract or common carrier or an authorized agent or
3 employee thereof, when acting in conformance with applicable
4federal law.

5

30365.  

(a) Except as provided in subdivision (b), the sale of
6ammunition shall be conducted at the location specified in the
7license.

8(b) A vendor may sell ammunition at a gun show or event, as
9described in Chapter 3 (commencing with Section 27200) of
10Division 6, if the gun show or event is not conducted from any
11motorized or towed vehicle.

12(c) Sales of ammunition at a gun show or event shall comply
13with Sections 30345, 30356, 30369, and 30370.

14

30366.  

(a) When neither party in an ammunition sale is a
15vendor, the following shall apply:

16(1) The seller shall deliver the ammunition to a vendor to process
17the transaction.

18(2) The vendor shall then promptly and properly deliver the
19ammunition to the purchaser, if the sale is not prohibited, as if the
20ammunition were the vendor’s own merchandise.

21(3) If the vendor cannot legally deliver the ammunition to the
22purchaser, the vendor shall forthwith return the ammunition to the
23seller. This return is not subject to Section 30356.

24(b) The vendor may charge the purchaser an administrative fee
25to process the transaction, not to exceed ten dollars ($10) per
26transaction processed.

27(c) A person selling ammunition pursuant to this section is
28exempt from the requirement to be licensed pursuant to Section
2930345.

begin insert

30
(d) This section does not apply to a person whose premises are
31outside of this state when directly selling and shipping ammunition
32to a law enforcement agency within this state.

end insert
33

30367.  

(a) Notwithstanding Sections 30345 and 30366, the
34sale of ammunition between the following is authorized so long
35as it does not exceedbegin delete fifty (50)end deletebegin insert 50end insert rounds per month:

36(1) The sale of ammunition between licensed hunters while
37engaged in lawful hunting activity.

38(2) The sale of ammunition between immediate family members,
39spouses, or registered domestic partners.

P21   1(b) Notwithstanding Sections 30345 and 30366, the sale of
2ammunition by a private individual to an authorized representative
3of a city, city and county, county, state, or the federal government,
4as part of a voluntary program is authorized.

5(c) Ammunition acquired pursuant to subdivision (b) shall be
6disposed of in the same manner as set forth for firearms inbegin delete Sectionsend delete
7begin insert Sectionend insert 18000, 18005, or 34000.

8

30368.  

(a) Commencing July 1, 2019, a resident of this state
9shall not bring or transport into this state any ammunition that he
10or she purchased from outside of this state unless he or she first
11has that ammunition delivered to an ammunition vendor in this
12state for delivery to that resident pursuant to the procedures set
13forth in Section 30366.

14(b) Subdivision (a) does not apply to any of the following
15bringing or transporting into this state any ammunition:

16(1) A firearms dealer licensed pursuant to Sections 26700 to
1726915, inclusive.

18(2) A person who is on the centralized list of federal firearms
19licensees maintained by the department pursuant to Article 6
20(commencing with Section 28450) of Chapter 6 of Division 6.

21(3) A gunsmith as defined in Section 16630.

22(4) A wholesaler as defined in Section 17340.

23(5) A manufacturer or importer of firearms or ammunition
24licensed pursuant to Chapter 44 (commencing with Section 921)
25of Title 18 of the United States Code, and the regulations issued
26pursuant thereto.

27(6) An ammunition vendor.

28(7) A person who is licensed as a collector of firearms pursuant
29to Chapter 44 (commencing with Section 921) of Title 18 of the
30United States Code and the regulations issued pursuant thereto,
31whose licensed premises are within this state, and who has a current
32certificate of eligibility issued by the Department of Justice
33pursuant to Section 26710.

34(8) Authorized law enforcement representatives of cities,
35counties, cities and counties, or state or federal governments for
36exclusive use by those government agencies if, prior to the
37importation, the person has written authorization from the head of
38the agency authorizing the acquisition of that ammunition. Proper
39written authorization is defined as verifiable written certification
40from the head of the agency, or designee, by which the person is
P22   1employed, identifying the employee as an individual authorized
2to acquire and import ammunition, and authorizing the transaction
3for the exclusive use of the agency by which he or she is employed.

4(9) A properly identified sworn peace officer, as defined in
5Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
6or properly identified sworn member of a federal law enforcement
7agency who is authorized to carry a firearm in the course and scope
8of the officer’s duties.

9(10) A contract or common carrier or an authorized agent or
10employee thereof, when acting in conformity with applicable
11federal law.

12(11) A person who purchases the ammunition from an immediate
13family member, spouse, or registered domestic partner if the person
14brings or transports into this state no more than 50 rounds.

15(12) The executor or administrator of an estate that includes
16ammunition.

17(13) A person that at the time he or she acquired the ammunition
18was not a resident of this state.

19(14) Ammunition that is imported into this country pursuant to
20provisions of Section 925(a)(4) of Title 18 of the United States
21Code.

22(15) A licensed hunter who purchased the ammunition outside
23of this state for use in a lawful hunting activity that occurred
24outside of this state if the person brings or imports no more than
2550 rounds into this state and the ammunition is designed and
26intended for use in the firearm the hunter used in that hunting
27activity.

28(16) A person who attended and participated in an organized
29competitive match or league competition that involves the use of
30firearms in a match orbegin delete competition;end deletebegin insert competitionend insert sponsored by,
31conducted under the auspices of, or approved by, a law enforcement
32agency or a nationally or state recognized entity that fosters
33proficiency in, or promotes education about, firearms, and the
34person brings or imports into this state no more than 50 rounds of
35ammunition designed and intended to be used in the firearm the
36person used in the match or competition.

37

30369.  

(a) Commencing July 1, 2019, a vendor shall not sell
38or otherwise transfer ownership of any ammunition without, at the
39time of delivery, legibly recording the following information:

40(1) The purchaser’s full name.

P23   1(2) The purchaser’s or transferee’s driver’s license or other
2identification number and the state in which it was issued

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

4(4) The brand, type, and amount of ammunition sold or
5otherwise transferred.

6(5) The name of the salesperson who processed the sale or other
7transaction.

8(6) The purchaser’s or transferee’s full residential address and
9telephone number.

10(7) The purchaser’s or transferee’s date of birth.

11(b) Commencing July 1, 2019, the vendor shall electronically
12submit to the department the information required by subdivision
13(a) in a format and a manner prescribed by the department for all
14sales or other transfers of ammunition. The department shall retain
15this information for two years in a database to be known as the
16Ammunition Purchase Records File for the sole purpose of aiding
17and assisting local and state law enforcement agencies in an active
18investigation. The vendor shall not share any of the information
19required by subdivision (a) for any reason other than for authorized
20law enforcement purposes. The information in the Ammunition
21 Purchase Records File may be accessed by a state or local law
22enforcement agency only if the department is provided a case
23number or other sufficient information as determined by the
24department that indicates an activebegin delete investigation,end deletebegin insert investigationend insert and
25the information sought is for the investigation or prosecution of
26that case.

27(c) In the case that a vendor cannot submit the information
28required by subdivision (a) electronically via an Internet
29connection, the department shall provide a telephone line to submit
30the information if the vendor can demonstrate legitimate geographic
31and telecommunications limitations to submitting the information
32electronically, and the department approves the vendor’s use of
33the telephone line.

34(d) This section shall not apply to or affect sales or other
35transfers of ammunition by ammunition vendors to any of the
36following, if properly identified:

37(1) A firearms dealer licensed pursuant to Sections 26700 to
3826915, inclusive.

P24   1(2) A person who is on the centralized list of federal firearms
2licensees maintained by the department pursuant to Article 6
3(commencing with Section 28450) of Chapter 6 of Division 6.

4(3) A gunsmith as defined in Section 16630.

5(4) A wholesaler as defined in Section 17340.

6(5) A manufacturer or importer of firearms licensed pursuant
7to Chapter 44 (commencing with Section 921) of Title 18 of the
8United Statesbegin delete Code,end deletebegin insert Codeend insert and the regulations issued pursuant
9thereto.

10(6) An ammunition vendor.

11(7) An authorized law enforcement representative of a city,
12county, city and county, or state or federal government, if the sale
13or other transfer is for exclusive use by that government agency,
14and, prior to the sale, delivery, or transfer of the ammunition,
15written authorization from the head of the agency, or designee,
16authorizing the transaction is presented to the person from whom
17the purchase, delivery, or transfer is being made. Proper written
18authorization is defined as verifiable written certification from the
19head of the agency, or designee, by which the purchaser, transferee,
20or person otherwise acquiring ownership is employed, identifying
21the employee as an individual authorized to conduct the transaction,
22and authorizing the transaction for the exclusive use of the agency
23by which that individual is employed.

24(8) A properly identified sworn peace officer, as defined in
25Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
26or properly identified sworn member of a federal law enforcement
27agency who is authorized to carry a firearm in the course and scope
28of the officer’s duties.

29(9) A target facility that holds a business or regulatory license.

30(10) A person who purchases or receives ammunition at a target
31facility holding a business or other regulatory license, provided
32that the ammunition is at all times kept within the facility’s
33premises and used on the premises.

34(11) A commercial hunting club, as defined in Section 3240.5
35of the Fish and Game Code.

36(12) A domesticated game bird hunting club, pursuant to Section
373270 of the Fish and Game Code.

38(13) A domesticated migratory game bird shooting club,
39pursuant to Article 4 (commencing with Section 3300) of Chapter
402 of Part 1 of Division 4 of the Fish and Game Code.

P25   1(14) A participant at a shooting or hunting event conducted by
2any of the following:

3(A) A commercial hunting club, as defined in Section 3240.5
4of the Fish and Game Code, provided the ammunition is used and
5consumed on the licensed premises while engaged in lawful
6hunting activity.

7(B) A domesticated game bird hunting club, pursuant to Section
83270 of the Fish and Game Code, provided the ammunition is used
9and consumed on the licensed premises while engaged in lawful
10hunting activity.

11(C) A domesticated migratory game bird shooting club, pursuant
12to Article 4 (commencing with Section 3300) of Chapter 2 of Part
131 of Division 4 of the Fish and Game Code, provided the
14ammunition is used and consumed on the licensed premises while
15engaged in lawful hunting activity.

16(15) A nonprofit mutual or public benefit corporation organized
17pursuant to the Corporations Code that engages in recreational
18shooting and lawful hunting activity.

19(16) A participant at a shooting or hunting event conducted by
20a nonprofit mutual or public benefit corporation organized pursuant
21to the Corporations Code that engages in recreational shooting or
22lawful hunting activity provided that the ammunition is used and
23consumed during the event.

24

30370.  

A vendor shall not knowingly make a false entrybegin delete in,end delete or
25fail to make a required entry of information in accordance with
26Section 30369.

27

SEC. 14.  

No reimbursement is required by this act pursuant to
28Section 6 of Article XIII B of the California Constitution for certain
29costs that may be incurred by a local agency or school district
30because, in that regard, this act creates a new crime or infraction,
31eliminates a crime or infraction, or changes the penalty for a crime
32or infraction, within the meaning of Section 17556 of the
33Government Code, or changes the definition of a crime within the
34meaning of Section 6 of Article XIII B of the California
35Constitution.

36However, if the Commission on State Mandates determines that
37this act contains other costs mandated by the state, reimbursement
38to local agencies and school districts for those costs shall be made
39pursuant to Part 7 (commencing with Section 17500) of Division
404 of Title 2 of the Government Code.

P26   1

SEC. 15.  

The Legislature finds and declares that Section 13 of
2this act, which adds Section 30369 to the Penal Code, imposes a
3limitation on the public’s right of access to the meetings of public
4bodies or the writings of public officials and agencies within the
5meaning of Section 3 of Article I of the California Constitution.
6Pursuant to that constitutional provision, the Legislature makes
7the following findings to demonstrate the interest protected by this
8limitation and the need for protecting that interest:

9In order to protect the personal information of ammunition
10purchasers, it is necessary that this act limit the public’s right of
11access to that information.



O

    95