BILL NUMBER: SB 427 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY JUNE 15, 2011
AMENDED IN SENATE MAY 24, 2011
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 16650, 30312, 30352, 30355, 30357, and 30362 of
the Penal Code, relating to ammunition and firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 427, as amended, De León. Ammunition.
(1) Existing law authorizes issuance of an injunction prohibiting
specified criminal gang activity for purposes of abating a nuisance.
This bill would 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.
(2) Existing law defines "handgun ammunition" for most purposes as
ammunition principally for use in handguns, notwithstanding that the
ammunition may also be used in some rifles.
This bill would instead define "handgun ammunition" for those
purposes as any variety of ammunition of a specified caliber,
notwithstanding that the ammunition may also be used by some rifles.
(2)
(3) 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 that 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 and would require the records to be
maintained in a manner that protects the privacy of the purchaser or
transferee who is the subject of the record. 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. The bill would provide that
anyone who uses, copies, or discloses any of the information for any
purpose that is unauthorized by these provisions is guilty of a
misdemeanor. 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 creating new crimes, and 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)
(4) 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)
(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 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.
SEC. 2. Section 16650 of the Penal Code
is amended to read:
16650. (a) As used in this part, "handgun ammunition"
means ammunition principally for 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.
(a) "Handgun ammunition," means any variety of ammunition in the
following calibers, notwithstanding that the ammunition may also be
used in some rifles:
(1) .22 rimfire.
(2) .25.
(3) .32.
(4) .38.
(5) 9mm.
(6) 10mm.
(7) .40.
(8) .44.
(9) .45.
(10) 5.7x28mm.
(11) .357.
(12) .380.
(b) As used in Section 30312 and in Article 3 (commencing with
Section 30345) of Chapter 1 of Division 10 of Title 4, "handgun
ammunition" does not include either of the following:
(1) Ammunition designed and intended to be used in an antique
firearm , as defined in Section 921(a)(16) of Title 18 of the
United States Code .
(2) Blanks.
SEC. 2. SEC. 3. 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. SEC. 4. 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. SEC. 5. 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. 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, and all records shall be maintained in a
manner that protects the privacy of the purchaser or transferee who
is the subject of the record. Anyone who uses, copies, or discloses
any of the information contained in the records for any purpose that
is not authorized by this article shall be guilty of a misdemeanor,
punishable by imprisonment in a county jail not to exceed six months,
by a fine not to exceed one thousand dollars ($1,000), or by both
that fine and imprisonment. 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. SEC. 6. 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. SEC. 7. 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. SEC. 8. 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.