BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1235|
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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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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
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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.
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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
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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)
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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
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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
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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 ****