BILL NUMBER: AB 2358 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member De Leon
FEBRUARY 19, 2010
An act to amend Section 12061 of the Penal Code, relating to
ammunition.
LEGISLATIVE COUNSEL'S DIGEST
AB 2358, as introduced, De Leon. Ammunition.
Existing law provides that commencing February 1, 2011, a vendor
shall not sell or otherwise transfer ownership of any handgun
ammunition without, at the time of delivery, legibly recording
specified information regarding the purchaser or transferee, and
maintaining the record for a period of not less than 5 years, as
specified. Existing law provides that violation of these provisions
is a misdemeanor. Existing law also provides that the records shall
be subject to inspection by any peace officer and certain others, as
specified, for purposes of an investigation where access to those
records is or may be relevant to that investigation, when seeking
information about persons prohibited from owning a firearm or
ammunition, or when engaged in ensuring compliance with laws
pertaining to firearms or ammunition, as specified.
This bill would provide that commencing February 1, 2011, except
for investigatory and enforcement purposes described above, no
ammunition vendor shall provide the required information to any 3rd
party without the written consent of the purchaser or transferee. The
bill would also provide that records may be removed from the
premises for purposes of copying or other investigatory or
enforcement purposes by any person authorized to inspect those
records, as specified, and that copies shall be transmitted to local
law enforcement if required by local law. The bill would also provide
that any required ammunition records that are no longer required to
be maintained shall be destroyed in a manner that protects the
privacy of the purchaser or transferee who is the subject of the
record. The bill would provide that violation of these provisions is
a misdemeanor.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
The bill would require ammunition vendors, commencing February 1,
2011, to provide written notice to the local police chief, or if the
vendor is in an unincorporated area, to the county sheriff, of the
vendor's intent to conduct business in the jurisdiction, and to
obtain any regulatory or business license required by the
jurisdiction for ammunition sellers.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12061 of the Penal Code is amended to read:
12061. (a) A vendor shall comply with all of the following
conditions, requirements and prohibitions:
(1) A vendor shall not permit any employee who the vendor knows or
reasonably should know is a person described in Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code to handle, sell, or deliver handgun ammunition in
the course and scope of his or her employment.
(2) A vendor shall not sell or otherwise transfer ownership of,
offer for sale or otherwise offer to transfer ownership of, or
display for sale or display for transfer of ownership of any handgun
ammunition in a manner that allows that ammunition to be accessible
to a purchaser or transferee without the assistance of the vendor or
employee thereof.
(3) Commencing February 1, 2011, a vendor shall not sell or
otherwise transfer ownership of any handgun ammunition without, at
the time of delivery, legibly recording the following information:
(A) The date of the sale or other transaction.
(B) The purchaser's or transferee's driver's license or other
identification number and the state in which it was issued.
(C) The brand, type, and amount of ammunition sold or otherwise
transferred.
(D) The purchaser's or 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 or transferee's full residential address and
telephone number.
(H) The purchaser's or transferee's date of birth.
(4) Commencing February 1, 2011, the records required by this
section shall be maintained on the premises of the vendor for a
period of not less than five years from the date of the recorded
transfer. Copies of these records shall be transmitted to the
county sheriff or chief of police if required by local law.
Commencing February 1, 2011, except for the purposes set forth in
paragraph (5), no vendor shall provide the information specified in
paragraph (3) to any third party without the written
consent of the purchaser or transferee. Any records required by this
section that are no longer required to be maintained shall be
destroyed in a manner that protects the privacy of the purchaser or
transferee who is the subject of the record.
(5) Commencing February 1, 2011, the records referred to in
paragraph (3) shall be subject to inspection at any time during
normal business hours by any peace officer employed by a sheriff,
city police department, or district attorney as provided in
subdivision (a) of Section 830.1, or employed by the department as
provided in subdivision (b) of Section 830.1, provided the officer is
conducting an investigation where access to those records is or may
be relevant to that investigation, is seeking information about
persons prohibited from owning a firearm or ammunition, or is engaged
in ensuring compliance with the Dangerous Weapons Control Law
(Chapter 1 (commencing with Section 12000) of Title 2 of Part 4), or
any other laws pertaining to firearms or ammunition. The records
shall also be subject to inspection at any time during normal
business hours by any other employee of the department, provided that
employee is conducting an investigation where access to those
records is or may be relevant to that investigation, is seeking
information about persons prohibited from owning a firearm or
ammunition, or is engaged in ensuring compliance with the Dangerous
Weapons Control Law (Chapter 1 (commencing with Section 12000) of
Title 2 of Part 4), or any other laws pertaining to firearms or
ammunition. Records may be removed from the premises for
purposes of copying or other investigatory or enforcement purposes by
any person authorized to inspect those records pursuant to this
subdivision.
(6) Commencing February 1, 2011, the vendor shall not knowingly
make a false entry in, fail to make a required entry in, fail to
obtain the required thumbprint, or otherwise fail to maintain in the
required manner records prepared in accordance with paragraph (2). If
the right thumbprint is not available, then the vendor shall have
the purchaser or transferee use his or her left thumb, or any
available finger, and shall so indicate on the form. If the purchaser
or transferee is physically unable to provide a thumbprint or
fingerprint, the vendor shall so indicate on the form.
(7) Commencing February 1, 2011, no vendor shall refuse to permit
a person authorized under paragraph (5) to examine any record
prepared in accordance with this section during any inspection
conducted pursuant to this section, or refuse to permit the use of
any record or information by those persons.
(8) Commencing February 1, 2011, a vendor shall provide written
notice to the local police chief, or if the vendor is in an
unincorporated area, to the county sheriff, of the vendor's intent to
conduct business in the jurisdiction, and shall obtain any
regulatory or business license required by the jurisdiction for
ammunition sellers.
(b) Paragraph (3) of subdivision (a) shall not apply to or affect
sales or other transfers of ownership of handgun ammunition by
handgun ammunition vendors to any of the following, if properly
identified:
(1) A person licensed pursuant to Section 12071.
(2) A handgun ammunition vendor.
(3) A person who is on the centralized list maintained by the
department pursuant to Section 12083.
(4) A target facility which holds a business or regulatory
license.
(5) Gunsmiths.
(6) Wholesalers.
(7) Manufacturers or importers of firearms licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code, and the regulations issued pursuant thereto.
(8) Sales or other transfers of ownership made to authorized law
enforcement representatives of cities, counties, cities and counties,
or state or federal governments for exclusive use by those
government agencies if, prior to the delivery, transfer, or sale of
handgun 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 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 he or she is employed.
(c) (1) A violation of paragraph (3), (4), (6), or (7) of
subdivision (a) is a misdemeanor.
(2) The provisions of this subdivision are cumulative, and shall
not be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
SEC. 2. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.