Amended in Assembly June 22, 2016

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 Sections 16150, 17315, 30000,begin delete and 30306end deletebegin insert 30306, and 30352end insert of, to add Sections 11106.5 and 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,begin insert to repeal and add Section 30370 of,end insert 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 tobegin delete ammunition.end deletebegin insert ammunition, and making an appropriation therefor.end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1235, as amended, De León. Ammunition.

begin insert

(1) The proposed Safety for All Act of 2016, to be submitted to the voters at the November 8, 2016, statewide general election, if enacted would, commencing January 1, 2019, allow any person who is 18 years of age or older to apply to the Department of Justice for an ammunition purchase authorization. The act would allow the sale of ammunition only to persons holding an ammunition purchase authorization or to persons who were approved by the department to receive a firearm from the ammunition vendor if the ammunition is delivered to the person in the same transaction as the firearm. The act would allow the department to charge a fee not to exceed $50 per person for the issuance of an ammunition purchase authorization or the issuance of a renewal authorization. The act would create the Ammunition Safety and Enforcement Special Fund to receive these fees and would continuously appropriate the funds for the purposes of implementing, operating, and enforcing the ammunition authorization program. The act would authorize its provisions to be amended by a statute that is passed by a vote of 55 percent of the Members of each house of the Legislature and signed by the Governor so long as the amendments are consistent with and further the intent of the act.

end insert
begin insert

This bill would, if the Safety for All Act of 2016 is enacted by the voters at the November 8, 2016, statewide general election, amend the act to instead allow ammunition to be sold only to a person whose information matches an entry in the Automated Firearms System and who is eligible to possess ammunition, to a person who has a current certificate of eligibility issued by the department, or to a person who purchases or transfers the ammunition in a single ammunition transaction, as specified. If the act is enacted by the voters, the bill would amend the act to charge ammunition purchasers and transferees a per transaction fee not to exceed $1, as provided, and would deposit the funds into the Ammunition Safety and Enforcement Special Fund created by the act, which fund would be continuously appropriated by the act, thereby making an appropriation. If the act is enacted by the voters at the November 8, 2016, statewide general election, the other provisions of this bill would not become operative. Because this bill would amend the act, it would require a vote of 55 percent of the Members of each house of the Legislature.

end insert
begin insert

The bill would make Legislative findings and declarations that these amendments further the intent of the act.

end insert
begin delete

(1)

end delete

begin insert(2)end insert 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 wouldbegin insert, if the proposed Safety for All Act of 2016 is not enacted by the voters at the November 8, 2016, statewide general election,end insert require the Attorney General to also maintain information about ammunition transactions and ammunition vendor licenses for those purposes. The 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 regarding an ammunition purchase is disseminated with a “Victims of Domestic Violence” card.

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

begin delete

(2)

end delete

begin insert(3)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 wouldbegin insert, if the proposed Safety for All Act of 2016 is not enacted by the voters at the November 8, 2016, statewide general election,end insert extend those provisions, subject to exceptions, to any ammunition and would reorganize those provisions.

begin delete

(3)

end delete

begin insert(4)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 wouldbegin insert, if the proposed Safety for All Act of 2016 is not enacted by the voters at the November 8, 2016, statewide general election,end insert 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.

begin delete

(4)

end delete

begin insert(5)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,begin insert if the proposed Safety for All Act of 2016 is not enacted by the voters at the November 8, 2016, statewide general election,end insert 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

(5)

end delete

begin insert(6)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 wouldbegin insert, if the proposed Safety for All Act of 2016 is not enacted by the voters at the November 8, 2016, statewide general election,end insert 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.

begin delete

(6)

end delete

begin insert(7)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 wouldbegin insert, if the proposed Safety for All Act of 2016 is not enacted by the voters at the November 8, 2016, statewide general election,end insert 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.

begin delete

(7)

end delete

begin insert(8)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 wouldbegin insert, if the proposed Safety for All Act of 2016 is not enacted by the voters at the November 8, 2016, statewide general election,end insert 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 wouldbegin insert, if the proposed Safety for All Act of 2016 is not enacted by the voters at the November 8, 2016, statewide general election,end insert 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.

begin delete

(8)

end delete

begin insert(9)end insert By expanding existing crimes and creating new crimes, this bill would impose a state-mandated local program.

begin delete

(9)

end delete

begin insert(10)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: begin deleteno end deletebegin insertyesend insert. Fiscal committee: yes. State-mandated local program: yes.

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

P6    1

SECTION 1.  

Section 11106.5 is added to the Penal Code, to
2read:

3

11106.5.  

(a) In addition to the requirements of Section 11106,
4the Attorney General shall keep and properly file a complete record
5of both of the following:

6(1) Ammunition vendor license information pursuant to Article
73 (commencing with Section 30345) of Chapter 1 of Division 10
8of Title 4 of Part 6.

P7    1(2) Information required by Section 30369.

2(b) If the conditions of paragraph (2) of subdivision (c) of
3Section 11106 are met, an officer referred to in paragraphs (1) to
4(6), inclusive, of subdivision (b) of Section 11105 may disseminate
5the fact of any ammunition purchases by the subject of a state
6summary criminal history record based on information supplied
7by the department pursuant to Section 30352.

8

SEC. 2.  

Section 16150 of the Penal Code is amended to read:

9

16150.  

(a) As used in this part, except as specified in
10subdivision (b), “ammunition” means one or more loaded cartridges
11consisting of a primer case, propellant, and with one or more
12projectiles. “Ammunition” does not include blanks.

13(b) As used in subdivision (a) of Section 30305 and in Section
1430306, “ammunition” includes, but is not limited to, any bullet,
15cartridge, magazine, clip, speed loader, autoloader, or projectile
16capable of being fired from a firearm with a deadly consequence.
17“Ammunition” does not include blanks.

18

SEC. 3.  

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

19

16151.  

Commencing January 1, 2018, as used in this part,
20“ammunition vendor” means any person, firm, corporation, dealer,
21or any other businessbegin delete whoend deletebegin insert thatend insert has a current ammunition vendor
22license issued pursuant to Section 30345.

23

SEC. 4.  

Section 16650 of the Penal Code is repealed.

24

SEC. 5.  

Section 16662 of the Penal Code is repealed.

25

SEC. 6.  

Section 17315 of the Penal Code is amended to read:

26

17315.  

As used in Article 2 (commencing with Section 30300),
27Article 3 (commencing with Section 30345), Article 4
28(commencing with Section 30355), and Article 5 (commencing
29with Section 30360) of Chapter 1 of Division 10 of Title 4,
30“vendor” means an ammunition vendor.

31

SEC. 7.  

Section 30000 of the Penal Code is amended to read:

32

30000.  

(a) The Attorney General shall establish and maintain
33an online database to be known as the Prohibited Armed Persons
34File. The purpose of the file is to cross-reference persons who have
35ownership or possession of a firearm on or after January 1, 1996,
36as indicated by a record in the Consolidated Firearms Information
37System, and who, subsequent to the date of that ownership or
38possession of a firearm, fall within a class of persons who are
39prohibited from owning or possessing a firearm.

P8    1(b) Commencing July 1, 2019, the file shall also be used to
2cross-reference persons who attempt to acquire ammunition to
3determine if those persons fall within a class of persons who are
4prohibited from owning or possessing ammunition.

5(c) The information contained in the Prohibited Armed Persons
6File shall only be available to those entities specified in, and
7pursuant to, subdivision (b) or (c) of Section 11105, through the
8California Law Enforcement Telecommunications System, for the
9purpose of determining if persons are armed and prohibited from
10possessing firearms.

11

SEC. 8.  

Section 30306 of the Penal Code is amended to read:

12

30306.  

(a) Any person, corporation, firm, or other business
13enterprise who supplies, delivers, sells, or gives possession or
14control of, any ammunition to any person who he or she knows or
15using reasonable care should know is prohibited from owning,
16possessing, or having under custody or control, any ammunition
17or reloaded ammunition pursuant to subdivision (a) or (b) of
18Section 30305, is guilty of a misdemeanor, punishable by
19imprisonment in a county jail not exceeding one year, or a fine not
20exceeding one thousand dollars ($1,000), or by both that fine and
21imprisonment.

22(b) Any person, corporation, firm, or other business enterprise
23who supplies, delivers, sells, or gives possession or control of
24ammunition to a person who the person, corporation, firm, or other
25business enterprise knows or has cause to believe is not the actual
26purchaser or transferee of the ammunition, with knowledge or
27cause to believe that the ammunition is to be subsequently sold or
28transferred to a person who is prohibited from owning, possessing,
29or having under custody or control any ammunition or reloaded
30ammunition pursuant to subdivision (a) or (b) of Section 30305,
31is guilty of a misdemeanor, punishable by imprisonment in a county
32jail not exceeding one year or a fine not exceeding one thousand
33dollars ($1,000), or by both that fine and imprisonment.

34(c) The provisions of this section are cumulative and shall not
35be construed as restricting the application of any other law.
36However, an act or omission punishable in different ways by this
37section and another provision of law shall not be punished under
38more than one provision.

39

SEC. 9.  

Section 30312 of the Penal Code is repealed.

P9    1

SEC. 10.  

Article 3 (commencing with Section 30345) of
2Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code is
3repealed.

4

SEC. 11.  

Article 3 (commencing with Section 30345) is added
5to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code,
6to read:

7 

8Article 3.  Ammunition Vendor License
9

 

10

30345.  

(a) Commencing January 1, 2018, only an ammunition
11vendor who is licensed by the Department of Justice shall be
12authorized to sell ammunition in this state, except as provided by
13Article 5 (commencing with Section 30360).

14(b) Subdivision (a) does not apply to the sale of ammunition by
15any of the following:

16(1) A commercial hunting club, as defined in Section 3240.5 of
17the Fish and Game Code, provided the ammunition is used and
18consumed on the licensed premises while engaged in lawful
19hunting activity.

20(2) A domesticated game bird hunting club, pursuant to Section
213270 of the Fish and Game Code, provided the ammunition is used
22and consumed on the licensed premises while engaged in lawful
23hunting activity.

24(3) A domesticated migratory game bird shooting club, pursuant
25to Article 4 (commencing with Section 3300) of Chapter 2 of Part
261 of Division 4 of the Fish and Game Code, provided the
27ammunition is used and consumed on the licensed premises while
28engaged in lawful hunting activity.

29(4) A nonprofit mutual or public benefit corporation organized
30pursuant to the Corporations Code that engages in recreational
31shooting and lawful hunting activity provided that the ammunition
32is used and consumed during the shooting or hunting event
33conducted by that nonprofit or public benefit corporation.

34(5) A target facility that holds a business or regulatory license
35provided that the ammunition is at all times kept within the
36facility’s premises and used on the premises.

37(6) A person who sells no more than 100 rounds of ammunition
38to one vendor in one month or cumulatively sells no more than
39250 rounds per year to vendors in this state.

P10   1(c) The Department of Justice is authorized to issue ammunition
2vendor licenses pursuant to this article. The department shall,
3commencing July 1, 2017, accept applications for ammunition
4vendor licenses. The department shall issue a license or deny the
5application for a license within 60 days of receipt of the application
6in the first two years of implementation, and within 30 days
7thereafter. If the application is denied, the department shall inform
8the applicant of the reason for denial in writing.

9(d) The ammunition vendor license shall be issued in a form
10prescribed by the Attorney General and shall be valid for a period
11of one year. The license shall allow the licensee to sell ammunition
12from a fixed location and at any place set forth in subdivision (b)
13of Section 30365.

14

30346.  

(a) The department may charge ammunition vendor
15license applicants a fee sufficient to cover the reasonable costs of
16issuing a certificate of eligibility, as described, except for those
17persons or entities described in subdivision (d) of Section 30347.

18(b) The fees received by the department pursuant to this article
19shall be deposited in the Ammunition Special Account, which is
20hereby created. The revenue in the fund shall be available, upon
21appropriation by the Legislature, for use by the Department of
22Justice for the purpose of implementing and enforcing the
23provisions of this article, Article 4 (commencing with Section
2430355) and Article 5 (commencing with Section 30360).

25

30347.  

(a) The department is authorized to issue ammunition
26vendor licenses to ammunition vendors who the department has
27determined are not prohibited by state or federal law from
28possessing, receiving, owning, or purchasing a firearm and who
29have a certificate of eligibility issued by the department.

30(b) The department shall require any agent or employee of a
31vendor who handles, sells, or delivers ammunition to obtain and
32provide to the ammunition vendor a certificate of eligibility from
33the Department of Justice pursuant to Section 26710. On the
34application for the certificate, the agent or employee shall provide
35the name and California ammunition vendor number of the vendor
36with whom the person is employed.

37(c) In the case of an entity other than a natural person, the
38department shall issue the license to the business entity, pursuant
39to the requirements in subdivisions (a) and (b).

P11   1(d) The department shall, upon request and in a manner
2prescribed by the department, issue ammunition vendor licenses
3to the following:

4(1) A firearms dealer licensed pursuant to Sections 26700 to
526915, inclusive.

6(2) A person who is on the centralized list of federal firearms
7licensees maintained by the department pursuant to Article 6
8(commencing with Section 28450) of Chapter 6 of Division 6.

9(3) A gunsmith as defined in Section 16630.

10(4) A wholesaler as defined in Section 17340.

11(5) A manufacturer or importer of firearms or ammunition
12licensed pursuant to Chapter 44 (commencing with Section 921)
13of Title 18 of the United States Code and the regulations issued
14pursuant thereto.

15(e) The department shall keep a registry of all licensed
16ammunition vendors.

17(f) The department shall revoke the license of any ammunition
18vendor who violates this article, Article 4 (commencing with
19Section 30355), or Article 5 (commencing with Section 30360) in
20any combination three times. The ammunition vendor shall
21thereafter be permanently ineligible for an ammunition vendor
22license.

23begin insert

begin insertSEC. 12.end insert  

end insert

begin insertSection 30352 of the end insertbegin insertPenal Codeend insertbegin insert, as proposed to be
24amended by the Safety for All Act of 2016 at the November 8, 2016,
25statewide general election, is amended to read:end insert

26

30352.  

(a) Commencing July 1, 2019, an ammunition vendor
27shall not sell or otherwise transfer ownership of any ammunition
28without, at the time of delivery, legibly recording the following
29information on a form to be prescribed by the Department of
30Justice:

31(1) The date of the sale or other transfer.

32(2) The purchaser's or transferee's driver's license or other
33identification number and the state in which it was issued.

34(3) The brand, type, and amount of ammunition sold or
35otherwise transferred.

36(4) The purchaser's or transferee's full name and signature.

37(5) The name of the salesperson who processed the sale or other
38transaction.

39(6) The purchaser's or transferee's full residential address and
40telephone number.

P12   1(7) The purchaser's or transferee's date of birth.

2(b) Commencing July 1, 2019, an ammunition vendor shall
3electronically submit to thebegin delete Departmentend deletebegin insert departmentend insert the information
4required by subdivision (a) for all sales and transfers of ownership
5of ammunition. Thebegin delete Departmentend deletebegin insert departmentend insert shall retain this
6information in a database to be known as the Ammunition Purchase
7Records File. This information shall remain confidential and may
8be used by thebegin delete Departmentend deletebegin insert departmentend insert and those entities specified
9in, and pursuant to, subdivision (b) or (c) of Section 11105, through
10the California Law Enforcement Telecommunications System,
11only for law enforcement purposes. The ammunition vendor shall
12not use, sell, disclose, or sharebegin delete suchend deletebegin insert theend insert information for any other
13purpose other than the submission required by this subdivision
14without the express written consent of the purchaser or transferee.

15(c) Commencing on July 1, 2019, only those persons listed in
16this subdivision, or those persons or entities listed in subdivision
17(e), shall be authorized to purchase ammunition. Prior to delivering
18any ammunition, an ammunition vendor shall require bona fide
19evidence of identity to verify that the person who is receiving
20delivery of the ammunition is a person or entity listed in
21subdivision (e) or one of the following:

22(1) A person authorized to purchase ammunition pursuant to
23Section 30370.

24(2) A person who was approved by thebegin delete Departmentend deletebegin insert departmentend insert
25 to receive a firearm from the ammunition vendor, pursuant to
26Section 28220, if that vendor is a licensed firearms dealer, and the
27ammunition is delivered to the person in the same transaction as
28the firearm.

29(d) Commencing July 1, 2019, the ammunition vendor shall
30verify with thebegin delete Department,end deletebegin insert department,end insert in a manner prescribed
31by thebegin delete Department,end deletebegin insert department,end insert that the person is authorized to
32purchasebegin delete ammunition by comparing the person's ammunition
33purchase authorization number to the centralized list of authorized
34ammunition purchasers.end delete
begin insert ammunition.end insert If the person is not listed as
35an authorized ammunition purchaser, the vendor shall deny the
36sale or transfer.

37(e) Subdivisions (a) and (d) shall not apply to sales or other
38transfers of ownership of ammunition by ammunition vendors to
39any of the following, if properly identified:

40(1) An ammunition vendor.

P13   1(2) A person who is on the centralized list of exempted federal
2firearms licensees maintained by the department pursuant to Article
36 (commencing with Section 28450) of Chapter 6 of Divisionbegin delete 6
4of this title.end delete
begin insert 6.end insert

5(3) A person who purchases or receives ammunition at a target
6facility holding a business or other regulatory license, provided
7that the ammunition is at all times kept within the facility’s
8premises.

9(4) A gunsmith.

10(5) A wholesaler.

11(6) A manufacturer or importer of firearms or ammunition
12licensed pursuant to Chapter 44 (commencing with Section 921)
13of Title 18 of the United States Code, and the regulations issued
14pursuant thereto.

15(7) An authorized law enforcement representative of a city,
16county, city and county, or state or federal government, if the sale
17or other transfer of ownership is for exclusive use by that
18government agency, and, prior to the sale, delivery, or transfer of
19the handgun ammunition, written authorization from the head of
20the agency authorizing the transaction is presented to the person
21from whom the purchase, delivery, or transfer is being made.
22Proper written authorization is defined as verifiable written
23certification from the head of the agency by which the purchaser,
24transferee, or person otherwise acquiring ownership is employed,
25identifying the employee as an individual authorized to conduct
26the transaction, and authorizing the transaction for the exclusive
27use of the agency by which that individual is employed.

28(8) begin delete(a)end deletebegin deleteend deletebegin insert(A)end insertbegin insertend insert A properly identified sworn peace officer, as
29defined in Chapter 4.5 (commencing with Section 830) of Title 3
30of Part 2, or properly identified sworn federal law enforcement
31officer, who is authorized to carry a firearm in the course and scope
32of the officer's duties.

begin delete

33(b) (1) 

end delete

34begin insert(B)end insertbegin insertend insertbegin insert(i)end insertbegin insertend insertProper identification is defined as verifiable written
35certification from the head of the agency by which the purchaser
36or transferee is employed, identifying the purchaser or transferee
37as a full-time paid peace officer who is authorized to carry a firearm
38in the course and scope of the officer's duties.

begin delete

39(2)

end delete

P14   1begin insert(ii)end insert The certification shall be delivered to the vendor at the time
2of purchase or transfer and the purchaser or transferee shall provide
3bona fide evidence of identity to verify that he or she is the person
4authorized in the certification.

begin delete

5(3)

end delete

6begin insert(iii)end insert The vendor shall keep the certification with the record of
7sale and submit the certification to thebegin delete Departmentend deletebegin insert departmentend insert.

8(f) Thebegin delete Department of Justiceend deletebegin insert departmentend insert is authorized to adopt
9regulations to implement the provisions of this section.

10

begin deleteSEC. 12.end delete
11
begin insertSEC. 13.end insert  

Article 4 (commencing with Section 30355) is added
12to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code,
13to read:

14 

15Article 4.  Ammunition Purchase Authorization
16

 

17

30355.  

(a) Any person who violates any provision of this
18article is guilty of a misdemeanor, punishable by imprisonment in
19a county jail not exceeding one year or a fine not exceeding one
20thousand dollars ($1,000), or by both that fine and imprisonment.

21(b) The provisions of this article are cumulative and shall not
22be construed as restricting the application of any other law.
23However, an act or omission punishable in different ways by
24different provisions of law shall not be punished under more than
25one provision.

26

30356.  

(a) Commencing July 1, 2019, the department shall
27electronically approve the purchase or transfer of ammunition
28through a vendor, as defined in Section 16151, except as otherwise
29specified. This approval shall occur at the time of purchase or
30transfer, prior to the purchaser or transferee taking possession of
31the ammunition.

32(b) To determine if the purchaser or transferee is eligible to
33purchase or possess ammunition, the department shall
34cross-reference the ammunition purchaser’s or transferee’s name,
35date of birth, current address, and driver’s license or other
36government identification number, as described in Section 28180,
37with the information maintained in the Automated Firearms System
38(AFS). If the purchaser’s or transferee’s information does not
39match an AFS entry, the transaction shall be denied. If the
40purchaser’s or transferee’s information matches an AFS entry, the
P15   1department shall determine if the purchaser or transferee falls
2within a class of persons who are prohibited from owning or
3possessing ammunition by cross-referencing the Prohibited Armed
4Persons File. If the purchaser or transferee is prohibited from
5owning or possessing a firearm, the transaction shall be denied.

6(c) A vendor is prohibited from providing a purchaser or
7transferee ammunition without department approval. If a vendor
8cannot electronically verify a person’s eligibility to purchase or
9possess ammunition via an Internet connection, the department
10shall provide abegin delete phoneend deletebegin insert telephoneend insert line to verify eligibility. This
11option is available to ammunition vendors who can demonstrate
12legitimate geographical and telecommunications limitations in
13submitting the information electronically and who are approved
14by the department to use thebegin delete phoneend deletebegin insert telephoneend insert line verification.

15(d) The department shall recover the reasonable cost of
16regulatory and enforcement activities related to this article by
17charging ammunition purchasers and transferees abegin delete per-transactionend delete
18begin insert per transaction end insertfee not to exceed one dollar ($1), provided,
19however, that the fee may be increased at a rate not to exceed any
20increases in the California Consumer Price Index as compiled and
21reported by the Department of Industrial Relations, not to exceed
22the reasonable regulatory and enforcement costs. The fees shall
23be deposited in the Ammunition Special Account, to be available
24upon appropriation by the Legislature, for use by the Department
25of Justice for the purpose of implementing and enforcing this
26article, Article 3 (commencing with Section 30345), and Article
275 (commencing with Section 30360).

28(e) This section shall not apply to the sale, delivery, or transfer
29of ammunition to any of the following, if properly identified prior
30to the delivery of the ammunition by the vendor:

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 pursuant to Article 6
35(commencing with Section 28450) of Chapter 6 of Division 6.

36(3) A gunsmith as defined in Section 16630.

37(4) A wholesaler as defined in Section 17340.

38(5) A manufacturer or importer of firearms or ammunition
39licensed pursuant to Chapter 44 (commencing with Section 921)
P16   1of Title 18 of the United States Code and the regulations issued
2pursuant thereto.

3(6) An ammunition vendor.

4(7) A person whose licensed premises are outside of this state
5and who is licensed as a dealer or collector of firearms pursuant
6to Chapter 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
12certificate of eligibility issued by the department pursuant to
13Section 26710.

14(9) An authorized law enforcement representative of a city,
15county, city and county, or state or federal government, if the sale
16or other transfer is for exclusive use by that government agency,
17and, prior to the sale, delivery, or transfer of the ammunition,
18written authorization from the head of the agency authorizing the
19transaction is presented to the person from whom the purchase,
20delivery, or transfer is being made. Proper written authorization
21is defined as verifiable written certification from the head of the
22agency, or designee, by which the purchaser, transferee, or person
23otherwise acquiring ownership is employed, identifying the
24employee as an individual authorized to conduct the transaction,
25and authorizing the transaction for the exclusive use of the agency
26by which that individual is employed.

27(10) A properly identified sworn peace officer, as defined in
28Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2
29or properly identified sworn member of a federal law enforcement
30agency who is authorized to carry a firearm in the course and scope
31of the officer’s duties.

32(11) A target facility that holds a business or regulatory license.

33(12) A person who purchases or receives ammunition at a target
34facility holding a business or other regulatory license, provided
35that the ammunition is at all times kept within the facility’s
36premises and used on the premises.

37(13) A commercial hunting club, as defined in Section 3240.5
38of the Fish and Game Code.

39(14) A domesticated game bird hunting club, pursuant to Section
403270 of the Fish and Game Code.

P17   1(15) A domesticated migratory game bird shooting club,
2pursuant to Article 4 (commencing with Section 3300) of Chapter
32 of Part 1 of Division 4 of the Fish and Game Code.

4(16) A participant at a shooting or hunting event conducted by
5any of the following:

6(A) A commercial hunting club, as defined in Section 3240.5
7of the Fish and Game Code, provided the ammunition is used and
8consumed on the licensed premises while engaged in lawful
9hunting activity.

10(B) A domesticated game bird hunting club, pursuant to Section
113270 of the Fish and Game Code, provided the ammunition is used
12and consumed on the licensed premises while engaged in lawful
13hunting activity.

14(C) A domesticated migratory game bird shooting club, pursuant
15to Article 4 (commencing with Section 3300) of Chapter 2 of Part
161 of Division 4 of the Fish and Game Code, provided the
17ammunition is used and consumed on the licensed premises while
18engaged in lawful hunting activity.

19(17) A nonprofit mutual or public benefit corporation organized
20pursuant to the Corporations Code that engages in recreational
21shooting and lawful hunting activity.

22(18) A participant at a shooting or hunting event conducted by
23a nonprofit mutual or public benefit corporation organized pursuant
24to the Corporations Code that engages in recreational shooting or
25lawful hunting activity provided that the ammunition is used and
26consumed during the event.

27(19) A person who is authorized to carry loaded firearms
28pursuant to Section 25900, 25905, 25910, 25925, 26010, 26015,
2926025, or 26030.

30(20) A holder of a special weapons permit issued by the
31department pursuant to Section 32650 or 33300, pursuant to Article
323 (commencing with Section 18900) of Chapter 1 of Division 5
33of Title 2, or pursuant to Article 4 (commencing with Section
3432700) of Chapter 6.

35(21) A holder of a valid entertainment firearms permit issued
36pursuant to Chapter 2 (commencing with Section 29500) of
37Division 8.

38(22) A person authorized by the department pursuant to Section
3930357.

begin insert

P18   1
(23) A person who has a current certificate of eligibility issued
2by the department pursuant to Section 26710.

end insert
3

30357.  

The department shall develop a procedure in which a
4person who is not prohibited from purchasing or possessing
5ammunition may be approved for a single ammunition transaction
6or purchase. The department shall recover the cost of processing,
7regulatory, and enforcement activities related to this section by
8charging the ammunition transaction or purchase applicant a fee
9not to exceed the fee charged for the department’sbegin delete Dealerend deletebegin insert Dealersend insertbegin insertend insert
10 Record of Sale (DROS) process, as described in Section 28225,
11and not to exceed the department’s reasonable costs.

12

begin deleteSEC. 13.end delete
13
begin insertSEC. 14.end insert  

Article 5 (commencing with Section 30360) is added
14to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code,
15to read:

16 

17Article 5.  Ammunition Sales
18

 

19

30360.  

(a) Any person who violates any provision of this
20article is guilty of a misdemeanor, punishable by imprisonment in
21a county jail not exceeding one year or a fine not exceeding one
22thousand dollars ($1,000), or by both that fine and imprisonment.

23(b) The provisions of this article are cumulative and shall not
24be construed as restricting the application of any other law.
25However, an act or omission punishable in different ways by
26different provisions of law shall not be punished under more than
27one provision.

28

30362.  

A vendor shall not permit any employee who the vendor
29knows or reasonably should know is a person described in Chapter
302 (commencing with Section 29800) or Chapter 3 (commencing
31with Section 29900) of Division 9 of this title, or Section 8100 or
328103 of the Welfare and Institutions Code, to handle, sell, or deliver
33ammunition or to deliver or have under his or her custody or control
34ammunition in the course and scope of employment.

35

30363.  

A vendor shall not sell or otherwise transfer ownership
36of, offer for sale, or otherwise offer to transfer ownership of,
37display for sale, or display for transfer any ammunition in a manner
38that allows that ammunition to be accessible to a purchaser or
39transferee without the assistance of the vendor or an employee of
40the vendor.

P19   1

30364.  

(a) The sale, delivery, or transfer of ammunition may
2only occur in a face-to-face transaction with the seller, deliverer,
3or transferor being provided bona fide evidence of identity from
4the purchaser or other transferee, provided, however, that
5ammunition may be purchased over the Internet or through other
6means of remote ordering if an ammunition vendor in this state
7initially receives the ammunition and processes the transfer in
8compliance with this article, Article 3 (commencing with Section
930345), and Article 4 (commencing with Section 30355). An
10ammunition vendor is required to promptly and properly process
11those transactions. An ammunition vendor may charge a fee to
12process the transfer not to exceed ten dollars ($10) per transaction.
13An ammunition vendor is not required to house ammunition orders
14 longer than 30 days.

15(b) Subdivision (a) shall not apply to or affect the sale, delivery,
16or transfer of ammunition to any of the following:

17(1) A firearms dealer licensed pursuant to Sections 26700 to
1826915, inclusive.

19(2) A person who is on the centralized list of federal firearms
20licensees maintained by the Department of Justice pursuant to
21Article 6 (commencing with Section 28450) of Chapter 6 of
22Division 6.

23(3) A gunsmith as defined in Section 16630.

24(4) A wholesaler as defined in Section 17340.

25(5) A manufacturer or importer of firearms or ammunition
26licensed pursuant to Chapter 44 (commencing with Section 921)
27of Title 18 of the United States Code and the regulations issued
28pursuant thereto.

29(6) An ammunition vendor.

30(7) A person whose licensed premises are outside this state and
31who is licensed as a dealer or collector of firearms pursuant to
32Chapter 44 (commencing with Section 921) of Title 18 of the
33United States Code and the regulations issued pursuant thereto.

34(8) A person who is licensed as a collector of firearms pursuant
35to Chapter 44 (commencing with Section 921) of Title 18 of the
36United States Code and the regulations issued pursuant thereto,
37whose licensed premises are within this state, and who has a current
38certificate of eligibility issued by the Department of Justice
39pursuant to Section 26710.

P20   1(9) An authorized law enforcement representative of a city,
2 county, city and county, or state or federal government, if the sale,
3delivery, or other transfer is for exclusive use by that government
4agency and, prior to the sale, delivery, or transfer of the
5ammunition, written authorization is received from the head of the
6agency, or designee, by which the purchaser, transferee, or person
7otherwise acquiring ownership is employed, identifying the
8employee as an individual authorized to conduct the transaction,
9and authorizing the transaction for the exclusive use of the agency
10employing the individual.

11(10) A properly identified sworn peace officer, as defined in
12Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
13or properly identified sworn member of a federal law enforcement
14agency who is authorized to carry a firearm in the course and scope
15of the officer’s duties.

16(11) A target facility holding a business or other regulatory
17license.

18(12) A commercial hunting club, as defined in Section 3240.5
19of the Fish and Game Code.

20(13) A domesticated game bird hunting club, pursuant to Section
213270 of the Fish and Game Code.

22(14) A domesticated migratory game bird shooting club,
23pursuant to Article 4 (commencing with Section 3300) of Chapter
242 of Part 1 of Division 4 of the Fish and Game Code.

25(15) A nonprofit mutual or public benefit corporation organized
26pursuant to the Corporations Code that engages in recreational
27shooting and lawful hunting activity.

28(16) A consultant-evaluator.

29(17) A contract or common carrier or an authorized agent or
30 employee thereof, when acting in conformance with applicable
31federal law.

32

30365.  

(a) Except as provided in subdivision (b), the sale of
33ammunition shall be conducted at the location specified in the
34license.

35(b) A vendor may sell ammunition at a gun show or event, as
36described in Chapter 3 (commencing with Section 27200) of
37Division 6, if the gun show or event is not conducted from any
38motorized or towed vehicle.

39(c) Sales of ammunition at a gun show or event shall comply
40with Sections 30345, 30356, 30369, and 30370.

P21   1

30366.  

(a) When neither party in an ammunition sale is a
2vendor, the following shall apply:

3(1) The seller shall deliver the ammunition to a vendor to process
4the transaction.

5(2) The vendor shall then promptly and properly deliver the
6ammunition to the purchaser, if the sale is not prohibited, as if the
7ammunition were the vendor’s own merchandise.

8(3) If the vendor cannot legally deliver the ammunition to the
9purchaser, the vendor shall forthwith return the ammunition to the
10seller. This return is not subject to Section 30356.

11(b) The vendor may charge the purchaser an administrative fee
12to process the transaction, not to exceed ten dollars ($10) per
13transaction processed.

14(c) A person selling ammunition pursuant to this section is
15exempt from the requirement to be licensed pursuant to Section
1630345.

17(d) This section does not apply to a person whose premises are
18outside of this state when directly selling and shipping ammunition
19to a law enforcement agency within this state.

20

30367.  

(a) Notwithstanding Sections 30345 and 30366, the
21sale of ammunition between the following is authorized so long
22as it does not exceed 50 rounds per month:

23(1) The sale of ammunition between licensed hunters while
24engaged in lawful hunting activity.

25(2) The sale of ammunition between immediate family members,
26spouses, or registered domestic partners.

27(b) Notwithstanding Sections 30345 and 30366, the sale of
28ammunition by a private individual to an authorized representative
29of a city, city and county, county, state, or the federal government,
30as part of a voluntary program is authorized.

31(c) Ammunition acquired pursuant to subdivision (b) shall be
32disposed of in the same manner as set forth for firearms in Section
3318000, 18005, or 34000.

34

30368.  

(a) Commencing July 1, 2019, a resident of this state
35shall not bring or transport into this state any ammunition that he
36or she purchased from outside of this state unless he or she first
37has that ammunition delivered to an ammunition vendor in this
38state for delivery to that resident pursuant to the procedures set
39forth in Section 30366.

P22   1(b) Subdivision (a) does not apply to any of the following
2bringing or transporting into this state any ammunition:

3(1) A firearms dealer licensed pursuant to Sections 26700 to
426915, inclusive.

5(2) A person who is on the centralized list of federal firearms
6licensees maintained by the department pursuant to Article 6
7(commencing with Section 28450) of Chapter 6 of Division 6.

8(3) A gunsmith as defined in Section 16630.

9(4) A wholesaler as defined in Section 17340.

10(5) A manufacturer or importer of firearms or ammunition
11licensed pursuant to Chapter 44 (commencing with Section 921)
12of Title 18 of the United States Code, and the regulations issued
13pursuant thereto.

14(6) An ammunition vendor.

15(7) A person who is licensed as a collector of firearms pursuant
16to Chapter 44 (commencing with Section 921) of Title 18 of the
17United States Code and the regulations issued pursuant thereto,
18whose licensed premises are within this state, and who has a current
19certificate of eligibility issued by the Department of Justice
20pursuant to Section 26710.

21(8) Authorized law enforcement representatives of cities,
22counties, cities and counties, or state or federal governments for
23exclusive use by those government agencies if, prior to the
24importation, the person has written authorization from the head of
25the agency authorizing the acquisition of that ammunition. Proper
26written authorization is defined as verifiable written certification
27from the head of the agency, or designee, by which the person is
28employed, identifying the employee as an individual authorized
29to acquire and import ammunition, and authorizing the transaction
30for the exclusive use of the agency by which he or she is employed.

31(9) A properly identified sworn peace officer, as defined in
32Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
33or properly identified sworn member of a federal law enforcement
34agency who is authorized to carry a firearm in the course and scope
35of the officer’s duties.

36(10) A contract or common carrier or an authorized agent or
37employee thereof, when acting in conformity with applicable
38federal law.

P23   1(11) A person who purchases the ammunition from an immediate
2family member, spouse, or registered domestic partner if the person
3brings or transports into this state no more than 50 rounds.

4(12) The executor or administrator of an estate that includes
5ammunition.

6(13) A person that at the time he or she acquired the ammunition
7was not a resident of this state.

8(14) Ammunition that is imported into this country pursuant to
9provisions of Section 925(a)(4) of Title 18 of the United States
10Code.

11(15) A licensed hunter who purchased the ammunition outside
12of this state for use in a lawful hunting activity that occurred
13outside of this state if the person brings or imports no more than
1450 rounds into this state and the ammunition is designed and
15intended for use in the firearm the hunter used in that hunting
16activity.

17(16) A person who attended and participated in an organized
18competitive match or league competition that involves the use of
19firearms in a match or competition sponsored by, conducted under
20the auspices of, or approved by, a law enforcement agency or a
21nationally or state recognized entity that fosters proficiency in, or
22promotes education about, firearms, and the person brings or
23imports into this state no more than 50 rounds of ammunition
24designed and intended to be used in the firearm the person used
25in the match or competition.

26

30369.  

(a) Commencing July 1, 2019, a vendor shall not sell
27or otherwise transfer ownership of any ammunition without, at the
28time of delivery, legibly recording the following information:

29(1) The purchaser’s full name.

30(2) The purchaser’s or transferee’s driver’s license or other
31identification number and the state in which it was issued

32(3) The date of the sale or other transaction.

33(4) The brand, type, and amount of ammunition sold or
34otherwise transferred.

35(5) The name of the salesperson who processed the sale or other
36transaction.

37(6) The purchaser’s or transferee’s full residential address and
38telephone number.

39(7) The purchaser’s or transferee’s date of birth.

P24   1(b) Commencing July 1, 2019, the vendor shall electronically
2submit to the department the information required by subdivision
3(a) in a format and a manner prescribed by the department for all
4sales or other transfers of ammunition. The department shall retain
5this information for two years in a database to be known as the
6Ammunition Purchase Records File for the sole purpose of aiding
7and assisting local and state law enforcement agencies in an active
8investigation. The vendor shall not share any of the information
9required by subdivision (a) for any reason other than for authorized
10law enforcement purposes. The information in the Ammunition
11 Purchase Records File may be accessed by a state or local law
12enforcement agency only if the department is provided a case
13number or other sufficient information as determined by the
14department that indicates an active investigation and the
15information sought is for the investigation or prosecution of that
16case.

17(c) In the case that a vendor cannot submit the information
18required by subdivision (a) electronically via an Internet
19connection, the department shall provide a telephone line to submit
20the information if the vendor can demonstrate legitimate geographic
21and telecommunications limitations to submitting the information
22electronically, and the department approves the vendor’s use of
23the telephone line.

24(d) This section shall not apply to or affect sales or other
25transfers of ammunition by ammunition vendors to any of the
26following, if properly identified:

27(1) A firearms dealer licensed pursuant to Sections 26700 to
2826915, inclusive.

29(2) A person who is on the centralized list of federal firearms
30licensees maintained by the department pursuant to Article 6
31(commencing with Section 28450) of Chapter 6 of Division 6.

32(3) A gunsmith as defined in Section 16630.

33(4) A wholesaler as defined in Section 17340.

34(5) A manufacturer or importer of firearms licensed pursuant
35to Chapter 44 (commencing with Section 921) of Title 18 of the
36United States Code and the regulations issued pursuant thereto.

37(6) An ammunition vendor.

38(7) An authorized law enforcement representative of a city,
39county, city and county, or state or federal government, if the sale
40or other transfer is for exclusive use by that government agency,
P25   1and, prior to the sale, delivery, or transfer of the ammunition,
2written authorization from the head of the agency, or designee,
3authorizing the transaction is presented to the person from whom
4the purchase, delivery, or transfer is being made. Proper written
5authorization is defined as verifiable written certification from the
6head of the agency, or designee, by which the purchaser, transferee,
7or person otherwise acquiring ownership is employed, identifying
8the employee as an individual authorized to conduct the transaction,
9and authorizing the transaction for the exclusive use of the agency
10by which that individual is employed.

11(8) A properly identified sworn peace officer, as defined in
12Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2,
13or properly identified sworn member of a federal law enforcement
14agency who is authorized to carry a firearm in the course and scope
15of the officer’s duties.

16(9) A target facility that holds a business or regulatory license.

17(10) A person who purchases or receives ammunition at a target
18facility holding a business or other regulatory license, provided
19that the ammunition is at all times kept within the facility’s
20premises and used on the premises.

21(11) A commercial hunting club, as defined in Section 3240.5
22of the Fish and Game Code.

23(12) A domesticated game bird hunting club, pursuant to Section
243270 of the Fish and Game Code.

25(13) A domesticated migratory game bird shooting club,
26pursuant to Article 4 (commencing with Section 3300) of Chapter
272 of Part 1 of Division 4 of the Fish and Game Code.

28(14) A participant at a shooting or hunting event conducted by
29any of the following:

30(A) A commercial hunting club, as defined in Section 3240.5
31of the Fish and Game Code, provided the ammunition is used and
32consumed on the licensed premises while engaged in lawful
33hunting activity.

34(B) A domesticated game bird hunting club, pursuant to Section
353270 of the Fish and Game Code, provided the ammunition is used
36and consumed on the licensed premises while engaged in lawful
37hunting activity.

38(C) A domesticated migratory game bird shooting club, pursuant
39to Article 4 (commencing with Section 3300) of Chapter 2 of Part
401 of Division 4 of the Fish and Game Code, provided the
P26   1ammunition is used and consumed on the licensed premises while
2engaged in lawful hunting activity.

3(15) A nonprofit mutual or public benefit corporation organized
4pursuant to the Corporations Code that engages in recreational
5shooting and lawful hunting activity.

6(16) A participant at a shooting or hunting event conducted by
7a nonprofit mutual or public benefit corporation organized pursuant
8to the Corporations Code that engages in recreational shooting or
9lawful hunting activity provided that the ammunition is used and
10consumed during the event.

11

30370.  

A vendor shall not knowingly make a false entry or fail
12to make a required entry of information in accordance with Section
1330369.

14begin insert

begin insertSEC. 15.end insert  

end insert

begin insertSection 30370 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert

begin insert
15

begin insert30370.end insert  

(a) Commencing July 1, 2019, the department shall
16electronically approve the purchase or transfer of ammunition
17through a vendor, as defined in Section 16151, except as otherwise
18specified. This approval shall occur at the time of purchase or
19transfer, prior to the purchaser or transferee taking possession of
20the ammunition. Pursuant to the authorization specified in
21paragraph (1) of subdivision (c) of Section 30352, the following
22persons are authorized to purchase ammunition:

23
(1) A purchaser or transferee whose information matches an
24entry in the Automated Firearms System (AFS) and who is eligible
25to possess ammunition as specified in subdivision (b).

26
(2) A purchaser or transferee who has a current certificate of
27eligibility issued by the department pursuant to Section 26710.

28
(3) A purchaser or transferee who is not prohibited from
29purchasing or possessing ammunition in a single ammunition
30transaction or purchase made pursuant to the procedure developed
31pursuant to subdivision (c).

32
(b) To determine if the purchaser or transferee is eligible to
33purchase or possess ammunition pursuant to paragraph (1) of
34subdivision (a), the department shall cross-reference the
35ammunition purchaser’s or transferee’s name, date of birth, current
36address, and driver’s license or other government identification
37number, as described in Section 28180, with the information
38maintained in the AFS. If the purchaser’s or transferee’s
39information does not match an AFS entry, the transaction shall
40be denied. If the purchaser’s or transferee’s information matches
P27   1an AFS entry, the department shall determine if the purchaser or
2transferee falls within a class of persons who are prohibited from
3owning or possessing ammunition by cross-referencing with the
4Prohibited Armed Persons File. If the purchaser or transferee is
5prohibited from owning or possessing a firearm, the transaction
6shall be denied.

7
(c) The department shall develop a procedure in which a person
8who is not prohibited from purchasing or possessing ammunition
9may be approved for a single ammunition transaction or purchase.
10The department shall recover the cost of processing and regulatory
11and enforcement activities related to this section by charging the
12ammunition transaction or purchase applicant a fee not to exceed
13the fee charged for the department’s Dealers’ Record of Sale
14(DROS) process, as described in Section 28225 and not to exceed
15the department’s reasonable costs.

16
(d) A vendor is prohibited from providing a purchaser or
17transferee ammunition without department approval. If a vendor
18cannot electronically verify a person’s eligibility to purchase or
19possess ammunition via an Internet connection, the department
20shall provide a telephone line to verify eligibility. This option is
21available to ammunition vendors who can demonstrate legitimate
22geographical and telecommunications limitations in submitting
23the information electronically and who are approved by the
24department to use the telephone line verification.

25
(e) The department shall recover the reasonable cost of
26regulatory and enforcement activities related to this article by
27charging ammunition purchasers and transferees a per transaction
28fee not to exceed one dollar ($1), provided, however, that the fee
29may be increased at a rate not to exceed any increases in the
30California Consumer Price Index as compiled and reported by the
31Department of Industrial Relations, not to exceed the reasonable
32regulatory and enforcement costs.

33
(f) A fund to be known as the “Ammunition Safety and
34Enforcement Special Fund” is hereby created within the State
35Treasury. All fees received pursuant to this section shall be
36deposited into the Ammunition Safety and Enforcement Special
37Fund and, notwithstanding Section 13340 of the Government Code,
38are continuously appropriated for purposes of implementing,
39operating, and enforcing the ammunition authorization program
P28   1provided for in this section and Section 30352 and for repaying
2the start-up loan provided for in Section 30371.

3
(g) The Department of Justice is authorized to adopt regulations
4to implement this section.

end insert
5begin insert

begin insertSEC. 16.end insert  

end insert

begin insertSection 30370 of the end insertbegin insertPenal Codeend insertbegin insert, as proposed to be
6added by the Safety for All Act of 2016 at the November 8, 2016,
7statewide general election, is repealed.end insert

begin delete
8

30370.  

(a)(l) Commencing on January 1, 2019, any person who
9is 18 years of age or older may apply to the Department for an
10ammunition purchase authorization.

11(2) The ammunition purchase authorization may be used by the
12authorized person to purchase or otherwise seek the transfer of
13ownership of ammunition from an ammunition vendor, as that
14term is defined in Section 16151, and shall have no other force or
15effect.

16(3) The ammunition purchase authorization shall be valid for
17four years from July 1, 2019 or the date of issuance, whichever is
18later, unless it is revoked by the Department pursuant to subdivision
19(b).

20(b) The ammunition purchase authorization shall be promptly
21revoked by the Department upon the occurrence of any event which
22would have disqualified the holder from being issued the
23ammunition purchase authorization pursuant to this section. If an
24authorization is revoked, the Department shall upon the written
25request of the holder state the reasons for doing so and provide the
26holder an appeal process to challenge that revocation.

27(c) The Department shall create and maintain an internal
28centralized list of all persons who are authorized to purchase
29ammunition and shall promptly remove from the list any persons
30whose authorization was revoked by the Department pursuant to
31this section. The Department shall provide access to the list by
32ammunition vendors for purposes of conducting ammunition sales
33or other transfers, and shall provide access to the list by law
34enforcement agencies for law enforcement purposes.

35(d) The Department shall issue an ammunition purchase
36authorization to the applicant if all of the following conditions are
37met:

38(1) The applicant is 18 years of age or older.

39(2) The applicant is not prohibited from acquiring or possessing
40ammunition under Section 30305(a) or federal law.

P29   1(3) The applicant pays the fees set forth in subdivision (g).

2(e) (1) Upon receipt of an initial or renewal application, the
3Department shall examine its records, and the records it is
4authorized to request from the State Department of State Hospitals,
5pursuant to Section 8104 of the Welfare and Institutions Code,
6and if authorized, the National Instant Criminal Background Check
7System, as described in Section 922(t) of Title 18 of the United
8States Code, in order to determine if the applicant is prohibited
9from possessing or acquiring ammunition under Section 30305(a)
10or federal law.

11(2) The applicant shall be approved or denied within 30 days
12of the date of the submission of the application to the Department.
13If the application is denied, the Department shall state the reasons
14for doing so and provide the applicant an appeal process to
15challenge that denial.

16(3) If the Department is unable to ascertain the final disposition
17of the application within 30 days of the applicant's submission,
18the Department shall grant authorization to the applicant.

19(4) The ammunition purchase authorization number shall be the
20same as the number on the document presented by the person as
21bona fide evidence of identity.

22(f) The Department shall renew a person's ammunition purchase
23authorization before its expiration, provided that the Department
24determines that the person is not prohibited from acquiring or
25possessing ammunition under Section 30305(a) or federal law,
26and provided the applicant timely pays the renewal fee set forth
27in subdivision (g).

28(g) The Department may charge a reasonable fee not to exceed
29$50 per person for the issuance of an ammunition purchase
30authorization or the issuance of a renewal authorization, however,
31the Department shall not set these fees any higher than necessary
32to recover the reasonable, estimated costs to fund the ammunition
33authorization program provided for in this section and Section
3430352, including the enforcement of this program and maintenance
35of any data systems associated with this program.

36(h) A fund to be known as the "Ammunition Safety and
37Enforcement Special Fund" is hereby created within the State
38Treasury. All fees received pursuant to this section shall be
39deposited into the Ammunition Safety and Enforcement Special
40Fund of the General Fund, and, notwithstanding Section 13340 of
P30   1the Government Code, are continuously appropriated for purposes
2of implementing, operating and enforcing the ammunition
3authorization program provided for in this section and Section
430352, and for repaying the start-up loan provided for in Section
530371.

6(i) The Department shall annually review and may adjust all
7fees specified in subdivision (g) for inflation.

8(j) The Department of Justice is authorized to adopt regulations
9to implement the provisions of this section.

end delete
10

begin deleteSEC. 14.end delete
11
begin insertSEC. 17.end insert  

No reimbursement is required by this act pursuant to
12Section 6 of Article XIII B of the California Constitution for certain
13costs that may be incurred by a local agency or school district
14because, in that regard, this act creates a new crime or infraction,
15eliminates a crime or infraction, or changes the penalty for a crime
16or infraction, within the meaning of Section 17556 of the
17Government Code, or changes the definition of a crime within the
18meaning of Section 6 of Article XIII B of the California
19Constitution.

20However, if the Commission on State Mandates determines that
21this act contains other costs mandated by the state, reimbursement
22to local agencies and school districts for those costs shall be made
23pursuant to Part 7 (commencing with Section 17500) of Division
244 of Title 2 of the Government Code.

25

begin deleteSEC. 15.end delete
26
begin insertSEC. 18.end insert  

The Legislature finds and declares that Section 13 of
27this act, which adds Section 30369 to the Penal Code, imposes a
28limitation on the public’s right of access to the meetings of public
29bodies or the writings of public officials and agencies within the
30meaning of Section 3 of Article I of the California Constitution.
31Pursuant to that constitutional provision, the Legislature makes
32the following findings to demonstrate the interest protected by this
33limitation and the need for protecting that interest:

34In order to protect the personal information of ammunition
35 purchasers, it is necessary that this act limit the public’s right of
36access to that information.

37begin insert

begin insertSEC. 19.end insert  

end insert
begin insert

(a) Sections 12, 15, and 16 of this act shall only
38become operative if the Safety for All Act of 2016 is enacted by
39the voters at the November 8, 2016, statewide general election
P31   1and becomes effective, in which case Sections 1, 2, 3, 4, 5, 6, 7, 8,
29, 10, 11, 13, and 14 shall not become operative.

end insert
begin insert

3
(b) The Legislature finds and declares that the intent expressed
4in the Safety for All Act of 2016 is to safeguard the ability of
5law-abiding, responsible Californians to own and use firearms
6for lawful means while requiring background checks for
7ammunition purchases in the manner required for firearm
8purchases so that neither firearms nor ammunition are getting
9into the hands of dangerous individuals. The Legislature finds and
10declares that the amendments to the Safety for All Act of 2016
11made by Sections 12, 15, and 16 are consistent with and further
12that intent. The amendments ensure that only law-abiding,
13responsible Californians who appear in the Automated Firearms
14System are able to purchase ammunition for their legally owned
15firearms while violent felons and the dangerously mentally ill who
16appear in the Armed Prohibited Persons System are not.

end insert

CORRECTIONS:

Digest Text--Page 1.




O

Corrected 6-30-16—See last page.     94