BILL NUMBER: SB 427 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 28, 2011
AMENDED IN SENATE APRIL 13, 2011
INTRODUCED BY Senator De León
FEBRUARY 16, 2011
An act to amend Section 3479 of the Civil Code, and to amend
Sections 30312, 30352, 30355, 30357, and 30362 of ,
and to add Section 29826 to, the Penal Code, relating to
ammunition and firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 427, as amended, 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
authorizes issuance of an injunction prohibiting specified criminal
gang activity for purposes of abating a nuisance .
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 require the court issuing an injunction
against gang activity, as specified, to state on the record whether
any or all of the defendants are enjoined from possessing a firearm
as a term of the injunction .
By creating a new crime, this bill would impose a state-mandated
local program.
(2) Existing law prohibits a vendor from selling or otherwise
transferring 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 require the information described above in
connection with the transfer of handgun ammunition be legibly or
electronically recorded. The bill would provide that commencing
February 1, 2012, except for investigatory and enforcement purposes
described above, no ammunition vendor shall provide the information
described above to any 3rd party without the written consent of the
purchaser or transferee. The bill would also permit records
containing that information to be copied for 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. Any required ammunition
records that are no longer required to be maintained would 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,
2012, 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.
(3) Existing law provides that the delivery or transfer of
ownership of handgun ammunition may only occur in a face-to-face
transaction with the deliverer or transferor being provided bona fide
evidence of identity from the purchaser or other transferee.
This bill would also provide that handgun ammunition may be
purchased over the Internet or through other means of remote ordering
if a handgun ammunition vendor in California initially receives the
ammunition and processes the transfer, as specified.
(4) 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 3479 of the Civil
Code is amended to read:
3479. (a) Anything which is injurious to
health, including, but not limited to, the illegal sale of controlled
substances, or is indecent or offensive to the senses, or an
obstruction to the free use of property, so as to interfere with the
comfortable enjoyment of life or property, or unlawfully obstructs
the free passage or use, in the customary manner, of any navigable
lake, or river, bay, stream, canal, or basin, or any public park,
square, street, or highway, is a nuisance.
(b) In every case in which a court orders an injunction pursuant
to this section to abate a nuisance related to gang activity, the
court shall state on the record whether any or all defendants shall
be enjoined from possessing a firearm as a term of the injunction.
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 30312 of the Penal Code is amended to read:
30312. (a) The delivery or transfer of ownership of handgun
ammunition may only occur in a face-to-face transaction with the
deliverer or transferor being provided bona fide evidence of identity
from the purchaser or other transferee, provided, however, that
handgun ammunition may be purchased over the Internet or through
other means of remote ordering if a handgun ammunition vendor in
California initially receives the ammunition and processes the
transfer in compliance with this section and Article 3 (commencing
with Section 30345) of Chapter 1 of Division 10 of Title 4 of Part 6.
(b) Subdivision (a) shall not apply to or affect the sale,
delivery, or transfer of handgun ammunition to any of the following:
(1) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale,
delivery, or transfer is for exclusive use by that government agency
and, prior to the sale, delivery, or transfer of the handgun
ammunition, written authorization from the head of the agency
employing the purchaser or transferee is obtained, identifying the
employee as an individual authorized to conduct the transaction, and
authorizing the transaction for the exclusive use of the agency
employing the individual.
(2) A sworn peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of the officer's duties.
(3) An importer or manufacturer of handgun ammunition or firearms
who is licensed to engage in business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
(4) A person who is on the centralized list maintained by the
Department of Justice pursuant to Article 6 (commencing with Section
28450) of Chapter 6 of Division 6 of this title.
(5) A person whose licensed premises are outside this state and
who is licensed as a dealer or collector of firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
(6) A person who is licensed as a collector of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, whose
licensed premises are within this state, and who has a current
certificate of eligibility issued by the Department of Justice
pursuant to Section 26710.
(7) A handgun ammunition vendor.
(8) A consultant-evaluator.
(c) A violation of this section is a misdemeanor.
SEC. 3. Section 30352 of the Penal Code is amended to read:
30352. (a) A vendor shall not sell or otherwise transfer
ownership of any handgun ammunition without, at the time of delivery,
legibly or electronically recording the following information:
(1) The date of the sale or other transaction.
(2) The purchaser's or transferee's driver's license or other
identification number and the state in which it was issued.
(3) The brand, type, and amount of ammunition sold or otherwise
transferred.
(4) The purchaser's or transferee's signature.
(5) The name of the salesperson who processed the sale or other
transaction.
(6) The right thumbprint of the purchaser or transferee on the
above form.
(7) The purchaser's or transferee's full residential address and
telephone number.
(8) The purchaser's or transferee's date of birth.
(b) 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 Sections 26700 to 26915,
inclusive.
(2) A handgun ammunition vendor.
(3) A person who is on the centralized list maintained by the
department pursuant to Article 6 (commencing with Section 28450) of
Chapter 6 of Division 6 of this title.
(4) A target facility that holds a business or regulatory license.
(5) A gunsmith.
(6) A wholesaler.
(7) A manufacturer or importer 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) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale
or other transfer of ownership is for exclusive use by that
government agency, and, prior to the sale, delivery, or transfer of
the 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 that individual is employed.
SEC. 4. Section 30355 of the Penal Code is amended to read:
30355. 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. Copies of these records
shall be transmitted to the county sheriff or chief of police if
required by local law. 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. 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.
SEC. 5. Section 30357 of the Penal Code is amended to read:
30357. (a) 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. Records may be
copied for investigatory or enforcement purposes by any person
authorized to inspect those records pursuant to this section.
SEC. 6. Section 30362 of the Penal Code is amended to read:
30362. (a) No vendor shall, during any inspection conducted
pursuant to this article, refuse to permit a person authorized under
Section 30357 to examine any record prepared in accordance with this
article.
(b) No vendor shall refuse to permit the use of any record or
information by a person authorized under Section 30357.
(c) 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 license required by the jurisdiction for
ammunition sellers.
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.