BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1235


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          SENATE THIRD READING


          SB  
          1235 (De León)


          As Amended  June 22, 2016


          Majority vote


          SENATE VOTE:  24-15


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          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |5-2  |Jones-Sawyer, Lopez,  |Melendez, Lackey    |
          |                |     |Low, Quirk, Santiago  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
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          SUMMARY:  Creates a new regulatory framework for the purchase  
          and sale of ammunition in California.  Specifically, this bill:   



          1)Requires the Department of Justice (DOJ) to maintain  
            ammunition vendor license information, ammunition transaction  
            information, and authorizes specified agencies, officials, and  
            officers to disseminate the name of a person and specified  
            ammunition purchase information by that person if the subject  








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            of the record has been arraigned, is being prosecuted, or is  
            serving a sentence for conviction of domestic violence or is  
            the subject of a protective order, as specified.


          2)Defines "ammunition" to mean one or more loaded cartridges  
            consisting of primer case, propellant, and with one or more  
            projectiles.  Ammunition does not include blanks.


          3)States that effective January 1, 2018, "ammunition vendor"  
            means any person, firm, corporation, dealer, or any other  
            business that has a current ammunition vendor license, as  
            specified.


          4)Requires commencing January 1, 2019, that information  
            contained in the Armed Prohibited Persons File (APPS) be used  
            to cross-reference persons who attempt to acquire ammunition  
            to determine if those persons fall within a class of persons  
            who are prohibited from owning or possessing ammunition.


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


          6)States that commencing January 1, 2018, only an ammunition  








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            vendor that is licensed by the DOJ shall be authorized to sell  
            ammunition in this state, except for the following entities:


             a)   A commercial hunting club, as defined, provided the  
               ammunition is used and consumed on the licensed premises  
               while engaged in lawful hunting activity;
             b)   A domesticated game bird hunting club, as defined,  
               provided the ammunition is used and consumed on the  
               licensed premises while engaged in lawful hunting activity;


             c)   A domesticated migratory game bird shooting club, as  
               defined, provided the ammunition is used and consumed on  
               the licensed premises while engaged in lawful hunting  
               activity;


             d)   A nonprofit mutual or public benefit corporation  
               organized, as specified, that engages in recreational  
               shooting and lawful hunting activity provided that the  
               ammunition is used and consumed during the shooting or  
               hunting event conducted by that nonprofit or public benefit  
               corporation;


             e)   A target facility that holds a business or regulatory  
               license provided that the ammunition is at all times kept  
               within the facility's premises and used on the premises;  
               and,


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


          7)Authorizes the DOJ to issue ammunition vendor licenses  
            pursuant to this article.  The department shall, commencing  








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            July 1, 2017, accept applications for ammunition vendor  
            licenses.  The department shall issue a license or deny the  
            application for a license within 60 days of receipt of the  
            application in the first two years of implementation, and  
            within 30 days thereafter.  If the application is denied, the  
            department shall inform the applicant of the reason for denial  
            in writing.  The ammunition vendor license shall be issued in  
            a form prescribed by the Attorney General and shall be valid  
            for a period of one year.  The license shall allow the  
            licensee to sell ammunition from a fixed location, except as  
            specified.
          8)Requires the DOJ to issue ammunition vendor licenses to  
            ammunition vendors who are not prohibited by law from  
            possessing, receiving, owning, or purchasing a firearm and  
            possess a certificate of eligibility (COE), and requires any  
            agent or employee of a vendor who handles, sells, or delivers  
            ammunition to possess a COE.


          9) Requires the DOJ, upon request, to issue ammunition vendor  
            licenses to the following:
             a)   Firearms dealers;
             b)   Federal firearms licensees;


             c)   A gunsmith;


             d)   A wholesaler, and,


             e)   A licensed manufacturer or importer of firearms or  
               ammunition. 


          10)States that commencing July 1, 2019, the department shall  
            electronically approve the purchase or transfer of ammunition  
            through a vendor, except as otherwise specified.  This  
            approval shall occur at the time of purchase or transfer,  








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            prior to the purchaser or transferee taking possession of the  
            ammunition.
          11)Provides that to determine if the purchaser or transferee is  
            eligible to purchase or possess ammunition, the department  
            shall cross-reference the ammunition purchaser's or  
            transferee's name, date of birth, current address, and  
            driver's license or other government identification number  
            with the information maintained in the Automated Firearms  
            System (AFS).  If the purchaser's or transferee's information  
            does not match an AFS entry, the transaction shall be denied.   
            If the purchaser's or transferee's information matches an AFS  
            entry, the department shall determine if the purchaser or  
            transferee falls within a class of persons who are prohibited  
            from owning or possessing ammunition by cross-referencing the  
            APP File.  If the purchaser or transferee is prohibited from  
            owning or possessing a firearm, the transaction shall be  
            denied.


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


          13)Allows the DOJ shall recover the reasonable cost of  
            regulatory and enforcement activities related to this article  
            by charging ammunition purchasers and transferees a  
            per-transaction fee not to exceed $1, provided, however, that  
            the fees may be increased at a rate not to exceed any  
            increases in the California Consumer Price Index as compiled  
            and reported by the Department of Industrial Relations, not to  
            exceed the reasonable regulatory and enforcement costs.  The  
            fees shall be deposited in the Ammunition Special Account, to  








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            be available upon appropriation by the Legislature, for use by  
            the Department of Justice for the purpose of implementing and  
            enforcing this Act.


          14)Provides that the following are exempt from the ammunition  
            purchase requirements:


             a)   Firearms dealers;
             b)   A person on the centralized list of federal firearms  
               licensees;


             c)   A gunsmith;


             d)   A wholesaler;


             e)   A licensed manufacturer or importer of firearms or  
               ammunition;


             f)   A person whose licensed premises are outside the state,  
               and the person is federally licensed as a dealer or  
               collector of firearms;


             g)   A person who is a federally licensed as a collector of  
               firearms whose licensed premises are within the state and  
               who has a current COE issued by DOJ;


             h)   An authorized law enforcement representative of a city,  
               county, city and county, or state or federal government, if  
               the sale or other transfer is for exclusive use by that  
               government agency, and, prior to the sale, delivery, or  
               transfer of the ammunition, written authorization from the  








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               head of the agency authorizing the transaction is presented  
               to the person from whom the purchase, delivery, or transfer  
               is being made.  Proper written authorization is defined as  
               verifiable written certification from the head of the  
               agency, or designee, by which the purchaser, transferee, or  
               person otherwise acquiring ownership is employed,  
               identifying the employee as an individual authorized to  
               conduct the transaction, and authorizing the transaction  
               for the exclusive use of the agency by which that  
               individual is employed;


             i)   A properly identified sworn federal, state, or local  
               peace officer;


             j)   A target facility that holds a business or regulatory  
               license;


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


             bb)  A commercial hunting club, as defined;


             cc)  A domesticated game bird hunting club, as defined;


             dd)  A domesticated migratory game bird hunting club, as  
               defined;


             ee)  A domesticated migratory game bird shooting club, as  
               defined;








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


               i)     A commercial hunting club, as defined, provided the  
                 ammunition is used and consumed on the licensed premises  
                 while engaged in lawful hunting activity;
               ii)    A domesticated game bird hunting club, as defined,  
                 provided the ammunition is used and consumed on the  
                 licensed premises while engaged in lawful hunting  
                 activity;


               iii)   A domesticated migratory game bird shooting club, as  
                 defined, provided the ammunition is used and consumed on  
                 the licensed premises while engaged in lawful hunting  
                 activity;


             gg)  A nonprofit mutual or public benefit corporation  
               organized, as specified, that engages in recreational  
               shooting and lawful hunting activity;
             hh)  A nonprofit mutual or public benefit corporation  
               organized, as specified, that engages in recreational  
               shooting and lawful hunting activity provided that the  
               ammunition is used and consumed during the shooting or  
               hunting event conducted by that nonprofit or public benefit  
               corporation;


             ii)  A peace officer, retired peace officer, or holder of a  
               concealed weapons permit who is authorized to carry a  
               loaded weapon;


             jj)  A holder of a special weapons permit issued by the DOJ;









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             aaa) A holder of a valid entertainment firearms permit issued  
               by the DOJ; and,


             bbb) A person who is not prohibited from purchasing or  
               possessing a firearm who has been approved for a single  
               ammunition transaction or purchase.


          15)States that a vendor shall not permit an employee who the  
            vendors knows or reasonably should know is a person that is  
            prohibited from purchasing or owning a firearm to handle, sell  
            or deliver ammunition in the course and scope of employment.
          16)Provides that a vendor shall not sell or otherwise transfer  
            ownership of, offer for sale, or otherwise offer to transfer  
            ownership of, display for sale, or display for transfer any  
            ammunition in a manner that allows that ammunition to be  
            accessible to a purchaser or transferee without the assistance  
            of the vendor or an employee of the vendor.   


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


          18)Provides that the following persons are exempt from the  
            ammunition sales requirements:









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             a)   Firearms dealers;
             b)   A person on the centralized list of federal firearms  
               licensees;


             c)   A gunsmith;


             d)   A wholesaler;


             e)   A licensed manufacturer or importer of firearms or  
               ammunition;


             f)   A person whose licensed premises are outside the state,  
               and the person is federally licensed as a dealer or  
               collector of firearms;


             g)   A person who is a federally licensed as a collector of  
               firearms whose licensed premises are within the state and  
               who has a current COE issued by DOJ;


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








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               for the exclusive use of the agency by which that  
               individual is employed;


             i)   A properly identified sworn federal, state, or local  
               peace officer;


             j)   A target facility that holds a business or regulatory  
               license;


             aa)  A commercial hunting club, as defined;


             bb)  A domesticated game bird hunting club, as defined;


             cc)  A domesticated migratory game bird hunting club, as  
               defined;


             dd)  A domesticated migratory game bird shooting club, as  
               defined;


             ee)  A nonprofit mutual or public benefit corporation  
               organized, as specified, that engages in recreational  
               shooting and lawful hunting activity;


             ff)  A consultant-evaluator; and,


             gg)  A contract or common carrier or an authorized agent or  
               employee thereof.


          19)Requires that ammunition sales be conducted at the location  








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            specified in the license, but a vendor may sell ammunition at  
            a gun show or event, as specified.
          20)Provides that when neither party to an ammunition sales is a  
            licensed vendor, the following shall apply:


             a)   The seller shall deliver the ammunition to a vendor to  
               process the transaction.
             b)   The vendor shall then promptly and properly deliver the  
               ammunition to the purchaser, if the sale is not prohibited,  
               as if the ammunition were the vendor's own merchandise.


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


             d)   The vendor may charge the purchaser an administrative  
               fee to process the transaction, not to exceed $10 per  
               transaction processed. 
             e)   A person selling ammunition pursuant to this section is  
               exempt from the requirement to be licensed as an ammunition  
               vendor.


          21)States that notwithstanding the purchase and sale  
            requirements of this act, the sale of ammunition between the  
            following is authorized so long as it does not exceed 50  
            rounds per month:
             a)   The sale of ammunition between licensed hunters while  
               engaged in lawful hunting activity.
             b)   The sale of ammunition between immediate family members,  
               spouses, or registered domestic partners. 


          22)Provides that commencing July1, 2019, a resident of this  
            state shall not bring into this state any ammunition that he  








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            or she purchased from outside this state unless he or she  
            first has that ammunition delivered to an ammunition vendor in  
            this state for delivery to the resident, as specified.
          23)Provides that the following persons are exempt from the  
            requirements related to bringing into this state any  
            ammunition:


             a)   Firearms dealers;
             b)   A person on the centralized list of federal firearms  
               licensees;


             c)   A gunsmith;


             d)   A wholesaler;


             e)   A licensed manufacturer or importer of firearms or  
               ammunition;


             f)   An ammunition vendor;


             g)   A person who is a federally licensed as a collector of  
               firearms whose licensed premises are within the state and  
               who has a current COE issued by DOJ;


             h)   An authorized law enforcement representative of a city,  
               county, city and county, or state or federal government, if  
               the sale or other transfer is for exclusive use by that  
               government agency, and, prior to the sale, delivery, or  
               transfer of the ammunition, written authorization from the  
               head of the agency authorizing the transaction is presented  
               to the person from whom the purchase, delivery, or transfer  
               is being made.  Proper written authorization is defined as  








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               verifiable written certification from the head of the  
               agency, or designee, by which the purchaser, transferee, or  
               person otherwise acquiring ownership is employed,  
               identifying the employee as an individual authorized to  
               conduct the transaction, and authorizing the transaction  
               for the exclusive use of the agency by which that  
               individual is employed;


             i)   A properly identified sworn federal, state, or local  
               peace officer;


             j)   A contract or common carrier or an authorized agent or  
               employee thereof, when acting in conformance of federal  
               law;


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


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


             cc)  A person that at the time he or she acquired the  
               ammunition was not a resident of this state;


             dd)  Ammunition that is imported into this country, as  
               specified;


             ee)  A licensed hunter who purchased the ammunition outside  
               of this state for use in a lawful hunting activity that  
               occurred outside of this state if the person brings or  








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               imports no more than 50 rounds into this state and the  
               ammunition is designed and intended for use in the firearm  
               the hunter used in that hunting activity.


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


          24)Provides that commencing January 1, 2019, a vendor shall not  
            sell or otherwise transfer ownership of any ammunition  
            without, at the time of delivery, legibly recording the  
            following information:
             a)   The purchaser's full name;
             b)   The purchaser's or transferee's driver's license or  
               other identification number and the state in which it was  
               issued;


             c)   The date of the sale or other transaction;


             d)   The brand, type, and amount of ammunition sold or  
               otherwise transferred;


             e)   The name of the salesperson who processed the sale or  
               other transaction;


             f)   The purchaser's or transferee's full residential address  








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               and telephone number; and,


             g)   The purchaser's or transferee's date of birth.


          25)States that commencing July 1, 2019, the vendor shall  
            electronically submit to the DOJ ammunition purchase  
            information in a format and a manner prescribed by the  
            department for all sales or other transfers of ammunition.   
            The department shall retain this information for two years in  
            a database to be known as the Ammunition Purchase Records File  
            for the sole purpose of aiding and assisting local and state  
            law enforcement agencies in an active investigation.  The  
            vendor shall not share any of the ammunition purchase  
            information for any reason other than for authorized law  
            enforcement purposes.  The information in the Ammunition  
            Purchase Records File may be accessed by a state or local law  
            enforcement agency only if the department is provided a case  
            number or other sufficient information as determined by the  
            department that indicates an active investigation, and the  
            information sought is for the investigation or prosecution of  
            that case. 
          26)Provides that in the case a vendor cannot electronically  
            transmit the required ammunition purchase information via an  
            Internet connection, the DOJ shall provide a telephone line to  
            submit the information the vendor can demonstrate legitimate  
            geographic and telecommunications limitations to submitting  
            the information electronically, and the DOJ approves the  
            vendor's use of the telephone line.


          27)Provides that the following persons are exempt from the  
            electronic submission of ammunition purchase information:


             a)   Firearms dealers;
             b)   A person on the centralized list of federal firearms  
               licensees;








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             c)   A gunsmith;


             d)   A wholesaler;


             e)   A licensed manufacturer or importer of firearms or  
               ammunition;


             f)   An ammunition vendor;


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


             h)   A properly identified sworn federal, state, or local  
               peace officer;


             i)   A target facility that holds a business or regulatory  
               license;









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             j)   A commercial hunting club, as defined;


             aa)  A domesticated game bird hunting club, as defined;


             bb)  A domesticated migratory game bird hunting club, as  
               defined;


             cc)  A domesticated migratory game bird shooting club, as  
               defined;


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


               i)     A commercial hunting club, as defined, provided the  
                 ammunition is used and consumed on the licensed premises  
                 while engaged in lawful hunting activity;
               ii)    A domesticated game bird hunting club, as defined,  
                 provided the ammunition is used and consumed on the  
                 licensed premises while engaged in lawful hunting  
                 activity;


               iii)   A domesticated migratory game bird shooting club, as  
                 defined, provided the ammunition is used and consumed on  
                 the licensed premises while engaged in lawful hunting  
                 activity;


             ee)  A nonprofit mutual or public benefit corporation  
               organized, as specified, that engages in recreational  
               shooting and lawful hunting activity;
             ff)  A participant at a shooting or hunting event conducted  
               by a nonprofit mutual or public benefit corporation  








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               organized, as specified, that engages in recreational  
               shooting and lawful hunting activity provided that the  
               ammunition is used and consumed during the event.


          28)Prohibits a vendor from knowingly making a false entry, or  
            failing to make a required entry of ammunition purchase  
            information.
          29)Provides that any person that violates any requirement  
            related to the sale or purchase of ammunition is guilty of a  
            misdemeanor punishable by imprisonment in a county jail not  
            exceeding one year, or by a fine not exceeding $1,000, or by  
            both imprisonment and a fine.


          30)Amends and repeals the ammunition purchase and sale  
            requirements proposed to be added by the Safety for All Act of  
            2016 at the November 8, 2016, statewide general election.


          EXISTING LAW:


          1)Provides that selling any ammunition to a person under the age  
            of 18, or selling ammunition designed and intended for a  
            handgun to a person under the age of 21 is a misdemeanor.   
           2)Provides that, except as specified, any person who is  
            prohibited from owning or possessing a firearm is also  
            prohibited from owning, or possessing ammunition.  A violation  
            may be punished as either a felony by 16 months, two or three  
            years in state prison or as a misdemeanor by up to one year in  
            the county jail.   


           3)Provides that, except as specified, a person enjoined from  
            engaging in activity pursuant to an injunction against that  
            person as a member of a criminal street gang is prohibited  
            from owning or possessing ammunition.  Violation of this  
            section is punishable as a misdemeanor.   








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           4)Provides that supplying, selling, or delivering ammunition to  
            someone that a person knows or reasonably should know is  
            prohibited from owning or possessing ammunition is a  
            misdemeanor punishable by up to one year in the county jail.   


           5)Provides that possession of ammunition on school grounds  
            without the written permission of the school district  
            superintendent is prohibited except for persons who have been  
            issued a license to carry a concealed weapon or in limited  
            situations involving law enforcement or military personnel.   
            Violation of this section is punishable as a misdemeanor.   


           6)Prohibits possession of any handgun ammunition designed  
            primarily to penetrate metal or armor.  A violation is  
            punishable as either a felony by 16 months, two or three years  
            in county jail or as a misdemeanor by up to one year in the  
            county jail, unless the person found the ammunition and they  
            are not otherwise prohibited from possessing firearms or  
            ammunition, and they are transporting it to a law enforcement  
            agency for disposal.  


           7)Provides that manufacturing, importing, or selling handgun  
            ammunition designed primarily to penetrate metal or armor is a  
            felony, punishable by 16 months, two or three years in state  
            prison and a fine of up to $5,000, or both.  


          8)Provides, commencing February1, 2011, a vendor of handgun  
            ammunition shall not sell or transfer handgun ammunition  
            without at the time of purchase legibly recording the  
            following information on a form prescribed by the DOJ:


             a)   The date of the transaction;








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             b)   The transferee's driver's license or other  
               identification number and the state in which it was issued;


             c)   The brand, type, and amount of ammunition transferred;


             d)   The purchaser or transferee's signature;


             e)   The name of the salesperson who processed the sale or  
               transaction;


             f)   The right thumbprint of the purchaser or transferee on  
               the prescribed form;


             g)   The purchaser's or transferee's full residential address  
               and telephone number; and,


             h)   The purchaser's or transferee's date of birth.  


          9)Requires, commencing February 1, 2011, the records of the sale  
            or transfer of handgun ammunition shall be maintained on the  
            premises of the vendor for at least five years from the date  
            of the recorded transfer.  
          10)Requires, commencing February 1, 2011, the handgun ammunition  
            vendor's records of sale shall be subject to inspection by  
            specified peace officers engaged in an investigation where the  
            records may be relevant, is seeking information about  
            prohibited persons, or is engaged in ensuring compliance with  
            laws relating to firearms or ammunition.  


          11)Provides, commencing February 1, 2011, the sale or transfer  
            of handgun ammunition may only occur in a face-to-face  








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            transaction with the seller or transferor being provided with  
            bona fide evidence of identity from the purchaser.  


          12)Provides that "it shall be unlawful for any licensed  
            importer, licensed manufacturer, licensed dealer, or licensed  
            collector to sell or deliver - any firearm or ammunition to  
            any individual who the licensee knows or has reasonable cause  
            to believe is less than 18 years of age and, if the firearm or  
            ammunition is other than a shotgun or rifle, or ammunition for  
            a shotgun or rifle, to any individual who the licensee knows  
            or has reasonable cause to believe is less than 21 years of  
            age...."  


          FISCAL EFFECT:  Unknown.  This bill is keyed non-fiscal by the  
          Legislative Counsel.


          COMMENTS:  According to the author, "In 2009, AB 962 (De León),  
          Chapter 628, Statutes of 2009, the Anti-Gang Neighborhood  
          Protection Act, was enacted to bring accountability to the sale  
          of handgun ammunition and deter prohibited individuals from  
          purchasing ammunition.  Unfortunately, in an attempt to upend  
          the law, the National Rifle Association and others challenged it  
          in court.  The resulting case, Parker v. California, has  
          prevented the implementation of the law as we wait for the  
          California Supreme Court to make an ultimate decision.  As a  
          result of the court-issued injunction applied to AB 962, today  
          any criminal can walk into a Big 5 or Wal-Mart and purchase  
          ammunition, no questions asked.  It continues to be easier in  
          California to purchase a pallet of ammunition than a pack of  
          cigarettes or allergy medicine.  There is no way to track who is  
          buying and selling bullets and this blind eye approach is  
          putting ammunition in the hands of killers.


          "Senate Bill 1235 offers a comprehensive approach to ammunition  
          sales to ensure that criminals and other dangerous individuals  








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          cannot purchase ammunition.  This proposal strengthens the  
          ammunition regulatory framework by requiring vendors to obtain a  
          state license to sell ammunition, log information about  
          ammunition transactions, and screen the ammunition purchaser for  
          any prohibitions at the point of sale-helping prevent dangerous  
          individuals from purchasing ammunition.


          "The ammunition background check proposed under this bill relies  
          on existing firearm registration records rather than require  
          purchasers to apply for a permit, pay a significant application  
          fee, and renew the permit.  This approach is more practical than  
          previous proposed legislation and the ballot initiative that is  
          currently being considered because it does not require gun  
          owners to take additional steps to buy ammunition.  It is also  
          more cost-effective for the Department of Justice to implement  
          as it will require significantly fewer personnel to operate.


          "Nevertheless, the goal remains the same-to make ammunition  
          accessible only to lawful gun owners, and not dangerous  
          criminals."




          Analysis Prepared by:                                             
                          Gregory Pagan / PUB. S. / (916) 319-3744  FN:  
          0003535


















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