BILL ANALYSIS                                                                                                                                                                                                    Ó




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                                UNFINISHED BUSINESS 


          Bill No:  SB 1235
          Author:   De León (D), et al.
          Amended:  6/22/16  
          Vote:     22 

           SENATE PUBLIC SAFETY COMMITTEE:  5-2, 4/19/16
           AYES:  Hancock, Glazer, Leno, Liu, Monning
           NOES:  Anderson, Stone

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/16/16
           AYES:  Lara, Beall, Hill, McGuire, Mendoza
           NOES:  Bates, Nielsen

           SENATE FLOOR:  24-15, 5/19/16
           AYES:  Allen, Beall, Block, De León, Glazer, Hall, Hancock,  
            Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva,  
            Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley,  
            Wieckowski, Wolk
           NOES:  Anderson, Bates, Berryhill, Cannella, Fuller, Gaines,  
            Galgiani, Huff, Moorlach, Morrell, Nguyen, Nielsen, Roth,  
            Stone, Vidak
           NO VOTE RECORDED:  Runner

          ASSEMBLY FLOOR:  Not available

           SUBJECT:   Ammunition


          SOURCE:    Author

          DIGEST:   This bill creates a new regulatory framework for the  
          purchase and sale of ammunition in California.


          Assembly Amendments add provisions that would amend and repeal  








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          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.  The amendments, additionally, state  
          that a person who has a certificate of eligibility is not  
          subject to the ammunition purchase requirements, as specified.  


          ANALYSIS: 


          Existing law: 


           1) Prohibits possession of ammunition by a person under 18  
             years of age, except as specified.  A violation is generally  
             punishable as a misdemeanor, but, if the minor has been found  
             guilty of violating certain enumerated offenses previously, a  
             violation may be punished 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.  (Penal Code §§ 29650 and  
             29700.) 


           2) 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.   
             (Penal Code § 30300.) 


           3) 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.  (Penal Code § 30305(a).) 


           4) 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.  (Penal Code §  








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             30305(b).) 


           5) 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.   
             (Penal Code § 30306.) 


           6) 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.   
             (Penal Code § 30310.) 


           7) 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.  (Penal Code § 30315.) 


           8) 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.  (Penal  
             Code § 30320.) 


           9) Provides that, with limited exceptions, delivery or transfer  
             of ownership of handgun ammunition may only occur in a  
             face-to-face transaction with bona fide evidence of identity  
             from the purchaser.  Violation of this section is punishable  
             as a misdemeanor.  (Penal Code § 30312.)* 









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           10)Provides that vendors of handgun ammunition must comply with  
             certain conditions, requirements and prohibitions, with  
             limited exceptions, including not selling or transferring  
             ownership of any handgun ammunition without, at the time of  
             delivery, legibly recording the following information.   
             (Penal Code § 30352.):* 


              a)    The date of the sale or other transaction; 
              b)    The purchaser's/transferee's driver's license or ID  
                number and the state of issuance; 
              c)    The brand, type, and amount of ammunition sold or  
                otherwise transferred; 
              d)    The purchaser's/transferee's signature; 
              e)    The name of the salesperson who processed the sale or  
                other transaction;
              f)    The right thumbprint of the purchaser or transferee on  
                the above form; 
              g)    The purchaser's /transferee's full residential address  
                and telephone number; and 
              h)    The purchaser's/transferee's date of birth. 


           11)Requires that handgun ammunition vendors must keep these  
             records for a period of not less than five years and must  
             make these records available to inspection by specified law  
             enforcement during normal business hours.  (Penal Code §§  
             30355, 30357.)* 


           12)Requires that handgun ammunition vendors shall not knowingly  
             make a false entry or fail to make an entry or obtain the  
             required thumbprint.  (Penal Code § 30360.)* 


           13)Provides that violations of the above laws regarding handgun  
             ammunition vendors are punishable as a misdemeanor.  (Penal  
             Code § 30365.)* 


           14)Defines "handgun ammunition" as "ammunition principally for  








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             use in pistols, revolvers, and other firearms capable of  
             being concealed upon the person, notwithstanding that the  
             ammunition may also be used in some rifles" and exempting, as  
             specified:


              a)    Ammunition designed and intended to be used in an  
                antique firearm; and
              b)    Blanks.  (Penal Code § 16650.)*  (* Enforcement of  
                these sections is currently stayed per order of the Fresno  
                County Superior Court in Parker v. State of California,  
                No. 10 CECG 02116.  That order is currently on appeal.)


          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 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  








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             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  
             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  








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                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 DOJ shall, commencing July 1,  
             2017, accept applications for ammunition vendor licenses.   
             The DOJ 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 DOJ 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  








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                ammunition. 


           10)States that commencing July 1, 2019, the DOJ shall  
             electronically approve the purchase or transfer of ammunition  
             through a vendor, except as otherwise specified.  This  
             approval shall occur at the time of purchase or transfer,  
             prior to the purchaser or transferee taking possession of the  
             ammunition.


           11)Provides that to determine if the purchaser or transferee is  
             eligible to purchase or possess ammunition, the DOJ 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 DOJ  
             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 DOJ 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  








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             the fees may be increased at a rate not to exceed any  
             increases in the California Consumer Price Index as compiled  
             and reported by the Department of Industrial Relations, not  
             to exceed the reasonable regulatory and enforcement costs.   
             The fees shall be deposited in the Ammunition Special  
             Account, to be available upon appropriation by the  
             Legislature, for use by the DOJ for the purpose of  
             implementing and enforcing this bill.


           14)Provides that the following are not subject to 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 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;








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              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;
              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;








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              jj)   A holder of a special weapons permit issued by the  
                DOJ;
              aaa)  A holder of a valid entertainment firearms permit  
                issued by the DOJ; 
              bbb)  A person who is not prohibited from purchasing or  
                possessing a firearm who has been approved for a single  
                ammunition transaction or purchase; and
              ccc)  A person who has a current certificate of eligibility  
                issued by the DOJ pursuant to Penal Code Section 26710.


           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 not subject to the  








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             ammunition sales requirements:


              a)    Firearms dealers;
              b)    A person on the centralized list of federal firearms  
                licensees;
              c)    A gunsmith;
              d)    A wholesaler;
              e)    A licensed manufacturer or importer of firearms or  
                ammunition;
              f)    A person whose licensed premises are outside the  
                state, and the person is federally licensed as a dealer or  
                collector of firearms;
              g)    A person who is a federally licensed as a collector of  
                firearms whose licensed premises are within the state and  
                who has a current COE issued by DOJ;
              h)    An authorized law enforcement representative of a  
                city, county, city and county, or state or federal  
                government, if the sale or other transfer is for exclusive  
                                                                                          use by that government agency, and, prior to the sale,  
                delivery, or transfer of the ammunition, written  
                authorization from the head of the agency authorizing the  
                transaction is presented to the person from whom the  
                purchase, delivery, or transfer is being made.  Proper  
                written authorization is defined as verifiable written  
                certification from the head of the agency, or designee, by  
                which the purchaser, transferee, or person otherwise  
                acquiring ownership is employed, identifying the employee  
                as an individual authorized to conduct the transaction,  
                and authorizing the transaction for the exclusive use of  
                the agency by which that individual is employed;
              i)    A properly identified sworn federal, state, or local  
                peace officer;
              j)    A target facility that holds a business or regulatory  
                license;
              aa)   A commercial hunting club, as defined;
              bb)   A domesticated game bird hunting club, as defined;
              cc)   A domesticated migratory game bird hunting club, as  
                defined;
              dd)   A domesticated migratory game bird shooting club, as  
                defined;
              ee)   A nonprofit mutual or public benefit corporation  








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                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  
             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 bill, 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.








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              b)    The sale of ammunition between immediate family  
                members, spouses, or registered domestic partners. 


           22)Provides that commencing July 1, 2019, a resident of this  
             state shall not bring into this state any ammunition that he  
             or she purchased from outside this state unless he or she  
             first has that ammunition delivered to an ammunition vendor  
             in this state for delivery to the resident, as specified.


           23)Provides that the following persons are not subject to the  
             requirements related to bringing into this state any  
             ammunition:


              a)    Firearms dealers.
              b)    A person on the centralized list of federal firearms  
                licensees.
              c)    A gunsmith.
              d)    A wholesaler.
              e)    A licensed manufacturer or importer of firearms or  
                ammunition.
              f)    An ammunition vendor.
              g)    A person who is a federally licensed as a collector of  
                firearms whose licensed premises are within the state and  
                who has a current COE issued by DOJ.
              h)    An authorized law enforcement representative of a  
                city, county, city and county, or state or federal  
                government, if the sale or other transfer is for exclusive  
                use by that government agency, and, prior to the sale,  
                delivery, or transfer of the ammunition, written  
                authorization from the head of the agency authorizing the  
                transaction is presented to the person from whom the  
                purchase, delivery, or transfer is being made.  Proper  
                written authorization is defined as verifiable written  
                certification from the head of the 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.








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              i)    A properly identified sworn federal, state, or local  
                peace officer.
              j)    A contract or common carrier or an authorized agent or  
                employee thereof, when acting in conformance of federal  
                law.
              aa)   A person who purchases the ammunition from an  
                immediate family member, spouse, or registered domestic  
                partner if the person brings or transports into this state  
                no more than 50 rounds.
              bb)   The executor or administrator of an estate that  
                includes ammunition.
              cc)   A person that at the time he or she acquired the  
                ammunition was not a resident of this state.
              dd)   Ammunition that is imported into this country, as  
                specified.
              ee)   A licensed hunter who purchased the ammunition outside  
                of this state for use in a lawful hunting activity that  
                occurred outside of this state if the person brings or  
                imports no more than 50 rounds into this state and the  
                ammunition is designed and intended for use in the firearm  
                the hunter used in that hunting activity.
              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  








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                issued;
              c)    The date of the sale or other transaction;
              d)    The brand, type, and amount of ammunition sold or  
                otherwise transferred;
              e)    The name of the salesperson who processed the sale or  
                other transaction;
              f)    The purchaser's or transferee's full residential  
                address and telephone number; and,
              g)    The purchaser's or transferee's date of birth.


           25)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 DOJ  
             for all sales or other transfers of ammunition.  The DOJ  
             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 DOJ is provided a case number or other  
             sufficient information as determined by the DOJ 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 not subject to the  
             electronic submission of ammunition purchase information:










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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)    An ammunition vendor.
              g)    An authorized law enforcement representative of a  
                city, county, city and county, or state or federal  
                government, if the sale or other transfer is for exclusive  
                use by that government agency, and, prior to the sale,  
                delivery, or transfer of the ammunition, written  
                authorization from the head of the agency authorizing the  
                transaction is presented to the person from whom the  
                purchase, delivery, or transfer is being made.  Proper  
                written authorization is defined as verifiable written  
                certification from the head of the agency, or designee, by  
                which the purchaser, transferee, or person otherwise  
                acquiring ownership is employed, identifying the employee  
                as an individual authorized to conduct the transaction,  
                and authorizing the transaction for the exclusive use of  
                the agency by which that individual is employed.
              h)    A properly identified sworn federal, state, or local  
                peace officer.
              i)    A target facility that holds a business or regulatory  
                license.
              j)    A commercial hunting club, as defined.
              aa)   A domesticated game bird hunting club, as defined.
              bb)   A domesticated migratory game bird hunting club, as  
                defined.
              cc)   A domesticated migratory game bird shooting club, as  
                defined.
              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  








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                                                                    Page  18



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

              ee)   A nonprofit mutual or public benefit corporation  
                organized, as specified, that engages in recreational  
                shooting and lawful hunting activity.
              ff)   A participant at a shooting or hunting event conducted  
                by a nonprofit mutual or public benefit corporation  
                organized, as specified, that engages in recreational  
                shooting and lawful hunting activity provided that the  
                ammunition is used and consumed during the event.


           28)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.


          Comments


          This bill repeals and reconstructs the provisions of the Penal  
          Code relating to ammunition vendors.  In doing so, this bill  
          sets up a new regulatory framework for the sale and purchase of  
          ammunition in California.  First, this bill applies its  
          provisions to all ammunition, thereby avoiding the vagueness  
          concerns raised in the Parker case.  As discussed in detail  








                                                                    SB 1235  
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          above, this bill: 


           Requires anyone wishing to sell ammunition in California to  
            obtain an Ammunition Vendor's License.   


           Requires licensed ammunition vendors to have ammunition  
            transactions approved by the DOJ prior to delivering the  
            ammunition to the purchaser.  The DOJ would then perform a  
            real-time approval by utilizing its current databases to  
            determine if: (1) the purchaser has a firearm; and, (2) if the  
            purchaser has a firearm in the system, whether the purchaser  
            is a prohibited person.  If the purchaser has a firearm and is  
            not prohibited, the transaction will be approved.


           Requires ammunition vendors to collect certain purchaser  
            information.


           Requires that ammunition be sold and purchased in a  
            face-to-face transaction.  (This bill states 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 specified.)


           Prohibits a resident of this state from bringing or  
            transporting into this state any ammunition from outside of  
            this state, unless he or she first has the ammunition  
            delivered to an ammunition vendor in this state.  


           Contains a number of categories of individuals that are not  
            subject to its provisions.   


          Thus, in order to purchase ammunition in California, an  
          individual would have to pay a transaction fee, which is set at  
          a maximum of $1, and have at least one firearm in the DOJ's AFS.  








                                                                    SB 1235  
                                                                    Page  20



           Since the DOJ did not begin collecting long gun records until  
          2014, there are likely a number of firearms owners in California  
          that do not have firearms in the AFS.  For those individuals,  
          and others, the DOJ has an existing procedure that would allow  
          firearms owners to report firearms ownership.   
          (https://oag.ca.gov/sites/all/files/agweb/pdfs/ firearms  
          /forms/volreg.pdf?.)  


          FISCAL EFFECT:   Appropriation:    Yes         Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee: 


           Project development:  Major one-time costs to the DOJ  
            potentially in excess of $25 million (Special Fund*/General  
            Fund) to (1) develop the system enabling real-time review and  
            approval of transactions at the point of sale/transfer, (2)  
            develop the Ammunition Purchase Records database enabling  
            electronic submission of purchaser information and law  
            enforcement access, as specified, and (3) create a vendor  
            licensing application process and registry. Appropriations  
            staff notes a General Fund appropriation or loan would likely  
            be necessary to support the start-up costs of these projects,  
            as sufficient fees would not be collected until after the  
            necessary infrastructure is in place.

           Ongoing DOJ workload:  Ongoing costs potentially in the  
            millions of dollars (Special Fund*) annually to be offset by  
            fees collected for vendor licenses and point of sale  
            transactions, to support staffing for (1) ongoing enforcement  
            of the ammunition vendor licensing, purchase, and sale  
            provisions, (2) completion of cross-checks of firearms  
            databases prior to ammunition purchase and transfer approvals,  
            (3) the collection, retention of ammunition purchase records,  
            licenses, maintenance, and storage.

           Local law enforcement agencies:  Potentially significant  
            non-reimbursable local costs (Local Funds) for enforcement and  
            incarceration resulting from the new misdemeanor offenses  








                                                                    SB 1235  
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            created under the provisions of this bill.

           State prisons:  Potentially significant increase in state  
            costs (General Fund) to the extent the point of sale  
            ammunition transactions cross check against APPS prompts  
            additional DOJ enforcement actions. No new commitments to  
            state prison are estimated based on the revised definition of  
            ammunition." Although this bill redefines "ammunition" for the  
            entirety of Part 6 of the Penal Code, there is an exception to  
            the revised definition under existing law which provides for a  
            possible prison term for persons prohibited from owning a  
            firearm found in possession/ownership of ammunition. The  
            definition of "ammunition" for purposes of Penal Code Section  
            30305(a) is unchanged from existing law as specified in Penal  
            Code Section 16150(b). 

           Ammunition sales:  Potential ongoing loss of state sales tax  
            revenue (General Fund) due to the enhanced regulations on  
            ammunition sales that may deter sales transactions from being  
            attempted that would be denied at the point of sale. Every 5%  
            decline would result in $1.8 million (General Fund) in reduced  
            state sales tax revenues. It is unknown at this time to what  
            degree the $1 per transaction fee will impact consumer  
            behavior relative to the $10 vendor fee assessed to process  
            out of state sales transactions, upon which no sales tax would  
            be assessed.

          *Ammunition Special Account


          SUPPORT:   (Verified6/29/16)


          California Chapters of the Brady Campaign to Prevent Gun  
          Violence
          California Police Chiefs Association 
          Law Center to Prevent Gun Violence


          OPPOSITION:   (Verified6/29/16)










                                                                    SB 1235  
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          California Sportsman's Lobby
          Crossroads of the West
          Firearms Policy Coalition
          Gun Owners of California 
          National Shooting Sports Foundation, Inc. 
          Outdoor Sportsmen's Coalition of California
          The Safari Club International


          ARGUMENTS IN SUPPORT:  According to the California Chapters of  
          the Brady Campaign to Prevent Gun Violence:  


            Ammunition sales are virtually unregulated in California.  The  
            buyers and sellers of ammunition are unknown.  There is  
            currently no ability to prevent individuals who, under  
            existing law, are prohibited from purchasing firearms and  
            ammunition from buying ammunition.  Dangerous individuals  
            armed with illegal guns can easily purchase ammunition in  
            California.

            SB 1235 authorizes the Department of Justice (DOJ) to issue  
            ammunition vendor licenses to legitimate businesses as  
            specified in the bill.  Beginning on January 1, 2018, an  
            ammunitino0 vendor must be licensed in order to sell  
            ammunition.  A license would be valid for one year and DOJ  
            would be authorized to charge a fee to cover the cost of  
            issuance.  DOJ will maintain a registry of all licensed  
            ammunition vendors.  An ammunition vendor registry is  
            important because the State cannot even begin to regulate the  
            sale of ammunition until it is known who is selling  
            ammunition.

            Commencing July 1, 2019, SB 1235 requires ammunition vendors  
            to electronically submit information about a purchaser of  
            ammunition to DOJ, which would cross-reference the Automated  
            Firearms System (AFS) and the Prohibited Armed Persons File  
            (APPS).  If the ammunition purchaser has a firearm listed in  
            AFS and has not fallen into APPS because he or she  
            subsequently became prohibited, then the sale would  
            immediately proceed.  If an ammunition purchaser does not have  
            a firearm listed in AFS, the person may obtain an ammunition  








                                                                    SB 1235  
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            transaction license from DOJ, which would include a background  
            check, and be approved for a single ammunition transaction. 

          ARGUMENTS IN OPPOSITION:  The Firearms Policy Coalition states: 

            On behalf of the members and supporters of Firearms Policy  
            Coalition, I respectfully submit our opposition to Senate Bill  
            1235 (de Leon), a measure, like its identical twin AB 156  
            (McCarty), which seeks to restrict the sale of ammunition via  
            a "may-issue" ammunition vendors licensing scheme,  
            prohibitions on common everyday behavior and  
            transactions-turning everyday residents and visitors into  
            criminals, building a database of consumables and setting up a  
            giant new bureaucracy within one of the least capable state  
            agencies to do so -- the California Department of Justice  
            (CADOJ) . 

            Over the years, the many iterations of this concept, such as  
            Senator de Leon's SB 53 of the 2013-2014 session and Lt.  
            Governor Gavin Newsom's pending ballot initiative, have all  
            been ranked to cost into the low to mid tens of millions of  
            dollars on the front-end. The implementation costs to  
            establish these new programs, databases, user interfaces,  
            regulations, policies and procedures to accommodate the  
                                                                           demand, assuming at least partial compliance, would not only  
            cost tens of millions of dollars as cited in in prior analyses  
            of similar measures, but the ongoing expense has often been  
            estimated to be in the low millions to maintain, enforce,  
            investigate, prosecute and incarcerate otherwise law abiding  
            residents. 

            The real-life implementation and social costs are so great  
            that a simple position letter is not suitable to address them.  
            Many of these issues have been addressed already in a recent  
            joint public safety committee informational hearing regarding  
            Lt. Gov. Gavin Newsom's ballot initiative on the same subject.  
            Given that this issue is likely to be on the November general  
            election ballot, this measure, and those like it, are  
            premature and should be withdrawn. 


            We have reached the point in history where the level of  








                                                                    SB 1235  
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            compliance with gun laws in California will be directly  
            inverse to the volume of legislation that gun-owners are  
            expected to jump through to exercise a fundamental right. 

          Prepared by: Jessica Devencenzi / PUB. S. / 
          6/30/16 11:37:03


                                   ****  END  ****