BILL NUMBER: SB 427 INTRODUCED
BILL TEXT
INTRODUCED BY Senator De León
FEBRUARY 16, 2011
An act to amend Sections 30355, 30357, and 30365 of, and to add
Sections 29826, 30346, and 30358 to, the Penal Code, relating to
ammunition and firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 427, as introduced, De León. Ammunition.
(1) Existing law generally regulates the transfer and possession
of firearms, and prohibits a person from possessing a firearm if he
or she has been convicted of a felony or convicted of a specified
misdemeanor, including threatening an officer or employee of a public
or private educational institution.
This bill would provide that a person who is enjoined from
engaging in activity pursuant to an injunction against that person as
a member of a criminal street gang, as specified, may not own,
possess, or have under the person's custody or control, any firearm.
The bill would provide that violation of these provisions is a
misdemeanor.
By creating a new crime, this bill would impose a state-mandated
local program.
(2) Existing law generally regulates handgun ammunition vendors.
This bill would, commencing February 1, 2012, require a handgun
ammunition vendor 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 licenses
required by the jurisdiction for ammunition sales. The bill would
also require that copies of ammunition sales records be transmitted
to the county sheriff or chief of police if required by local law.
(3) 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.
This bill would also provide that those 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. A violation of these provisions would be a
misdemeanor.
By expanding the scope of an existing crime, this bill would
impose a state-mandated local program.
(4) Existing law provides that specified handgun ammunition
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 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.
The bill would also provide that commencing February 1, 2012,
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 provide that a violation of these provisions is a
misdemeanor.
By creating a new crime, this bill would impose a state-mandated
local program.
(5) 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 29826 is added to the Penal Code, to read:
29826. (a) A person who is enjoined from engaging in activity
pursuant to an injunction issued against that person pursuant to
Section 3479 of the Civil Code as a member of a criminal street gang,
as defined in Section 186.22, may not own, possess, or have under
his or her custody or control, any firearm.
(b) A violation of this section is a misdemeanor.
SEC. 2. Section 30346 is added to the Penal Code, to read:
30346. (a) Commencing February 1, 2012, 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 licenses required by the jurisdiction for
ammunition sales.
(b) Copies of ammunition sales records required by this article
shall be transmitted to the county sheriff or chief of police if
required by local law.
SEC. 3. Section 30355 of the Penal Code is amended to read:
30355. (a) Commencing February 1, 2011, the
records required by this article 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.
(b) Any records required by this article 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.
SEC. 4. Section 30357 of the Penal Code is amended to read:
30357. (a) Commencing February 1, 2011, the records referred to
in Section 30352 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 that the
officer is conducting an investigation where access to those records
is or may be relevant, is seeking information about persons
prohibited from owning a firearm or ammunition, or is engaged in
ensuring compliance with the Dangerous Weapons Control Law, as
defined in Section 23500, or any other laws pertaining to firearms or
ammunition.
(b) The records referred to in Section 30352 shall also be subject
to inspection at any time during normal business hours by any other
employee of the department, provided that the employee is conducting
an investigation where access to those records is or may be relevant,
is seeking information about persons prohibited from owning a
firearm or ammunition, or is engaged in ensuring compliance with the
Dangerous Weapons Control Law, as defined in Section 23500, or any
other laws pertaining to firearms or ammunition.
(c) The records referred to in Section 30352 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 article.
SEC. 5. Section 30358 is added to the Penal Code, to read:
30358. Commencing February 1, 2012, except for the purposes set
forth in Section 30357, no vendor shall provide the information
specified in subdivision (a) of Section 30352 to any third party
without the written consent of the purchaser or transferee.
SEC. 6. Section 30365 of the Penal Code is amended to read:
30365. (a) A violation of Section 30352, 30355, 30358,
30360, or 30362 is a misdemeanor.
(b) The provisions of this section 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. 7. 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.