BILL NUMBER: SB 53 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY SEPTEMBER 3, 2013
AMENDED IN ASSEMBLY JUNE 27, 2013
AMENDED IN SENATE MAY 28, 2013
AMENDED IN SENATE APRIL 1, 2013
AMENDED IN SENATE MARCH 21, 2013
INTRODUCED BY Senator De León
(Principal coauthor: Senator Yee)
(Principal coauthor: Assembly Member Skinner)
(Coauthors: Senators Leno and Steinberg)
(Coauthor: Assembly Member Ting)
DECEMBER 20, 2012
An act to amend Sections 11106, 17315, 30000, 30005, 30312, 30345,
30347, 30350, 30352, and 30365 of, to amend the heading of Article 3
(commencing with Section 30345) of Chapter 1 of Division 10 of Title
4 of Part 6 of, to add Sections 16663 and 30348 to, to add Article 4
(commencing with Section 30370) to Chapter 1 of Division 10 of Title
4 of Part 6 of, and to add Article 5 (commencing with Section 30380)
to Chapter 1 of Division 10 of Title 4 of Part 6 of, the Penal Code,
relating to ammunition.
LEGISLATIVE COUNSEL'S DIGEST
SB 53, as amended, De León. Ammunition: purchase permits.
(1) Existing law requires the Attorney General to maintain
records, including among other things, fingerprints, licenses to
carry concealed firearms, and information from firearms dealers
pertaining to firearms, for purposes of assisting in the
investigation of crimes, and specified civil actions.
This bill would require the Attorney General to also maintain
copies of ammunition purchase permits, information about ammunition
transactions, as specified, and ammunition vendor licenses, as
specified, for those purposes.
(2) Existing law establishes the Prohibited Armed Persons File,
the purpose of which is to cross-reference persons prohibited from
possessing firearms with records of firearm transactions to determine
if these persons have acquired or attempted to acquire firearms.
Under existing law, a person who is prohibited from owning or
possessing a firearm is prohibited from owning, possessing, or having
under his or her custody or control, any ammunition or reloaded
ammunition.
This bill would expand , commencing July
1, 2015, use the Prohibited Armed Persons File to list
persons prohibited from acquiring ammunition, and would similarly
cross-reference those persons with records of ammunition
transactions to determine if these persons have acquired or attempted
to acquire ammunition.
(3) Existing law, subject to exceptions, requires that the
delivery or transfer of ownership of handgun ammunition occur only in
a face-to-face transaction and makes a violation of this requirement
a crime. Existing law provides that the term "vendor" for purposes
of ammunition sales is a "handgun ammunition vendor" as defined for
those and other purposes.
This bill would extend those provisions to any ammunition. The
bill would provide that the term "vendor" for purposes of ammunition
sales means "ammunition vendor," and, commencing July 1, 2015, who is
licensed, as specified, for those and other purposes. The bill would
provide that commencing July 1, 2015, only a licensed ammunition
vendor may sell ammunition. The bill would create an additional
exemption from these requirements for specified events conducted by a
nonprofit entity, as specified, and would make additional conforming
changes.
(4) Existing law prohibits an ammunition vendor from allowing a
person the vendor knows or should know is a person who is prohibited
from possessing firearms for specified reasons, from handling,
selling, or delivering handgun ammunition in the course and scope of
their employment. Existing law prohibits an ammunition vendor from
selling or otherwise transferring ownership of, offering for sale or
otherwise offering to transfer ownership of, or displaying for sale
or displaying 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 an employee of
the vendor.
This bill would extend those prohibitions to any ammunition. The
bill would provide that a violation of those provisions is a
misdemeanor.
By creating a new crime, this bill would impose a state-mandated
local program.
(5) Existing law subject to exceptions, requires a handgun
ammunition vendor to record specified information at the time of
delivery of handgun ammunition to a purchaser, as specified.
This bill would extend those provisions to transactions of any
ammunition and would, commencing July 1, 2015, require the ammunition
vendor to submit that information to the department, as specified.
The bill would, commencing July 1, 2015 2016
, and subject to exceptions, require the purchaser of
ammunition to be authorized to purchase ammunition by the Department
of Justice, as specified. The bill would, commencing January 1,
2015 2016 , authorize issuance of
ammunition purchase authorizations by the Department of Justice to
applicants who are residents of this state, at
least 18 years of age, not prohibited from acquiring or possessing
ammunition, and who pay the required fees, as specified. The bill
would establish an application process and establish a centralized
list of persons authorized to purchase ammunition.
(6) The bill would authorize the Department of Justice to
issue accept applications for ammunition vendor
licenses, commencing July 1, 2015 January 1,
2015 . The bill would require an ammunition vendor to be
licensed, commencing July 1, 2015, in order to sell ammunition.
Violation of these provisions would be a misdemeanor. The bill would
create an application process for ammunition vendors, as specified.
The bill would establish the Ammunition Vendors Special Account
within the General Fund , into which vendor
license fees would be deposited and made available, upon
appropriation by the Legislature, to the Department of Justice for
purposes of enforcing the ammunition vendor licensing provisions. The
bill would require the ammunition vendor to conduct business at the
location specified in the license, except in the case of gun shows or
events, as specified. The bill would direct the department
to adopt regulations by July 1, 2015 relating to Internet ammunition
sales, as specified. require the Attorney General to
prepare and submit to the Legislature on or before July 1, 2016, a
report concerning, among other things, recommendations for
enhancements that could be made to the background check system, as
specified.
By creating a new crime, this bill would impose a state-mandated
local program.
(7) The bill would provide that for the provisions discussed
above, as specified, "ammunition" does not include blanks.
(8) 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 11106 of the Penal Code, as added by Section
2.5 of Chapter 745 of the Statutes of 2011, is amended to read:
11106. (a) In order to assist in the investigation of crime, the
prosecution of civil actions by city attorneys pursuant to paragraph
(3) of subdivision (b), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215, information reported to the
Department of Justice pursuant to Section 26225, copies of ammunition
purchaser authorizations pursuant to Section 30370, ammunition
vendor license information pursuant to Article 5 (commencing with
Section 30380) of Chapter 1 of Division 10 of Title 4 of Part 6,
information required by Section 30352, dealers' records of sales of
firearms, reports provided pursuant to Article 1 (commencing with
Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
pursuant to any provision listed in subdivision (a) of Section 16585,
forms provided pursuant to Section 12084, as that section read prior
to being repealed, reports provided pursuant to Article 1
(commencing with Section 26700) and Article 2 (commencing with
Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, that
are not dealers' records of sales of firearms, and reports of stolen,
lost, found, pledged, or pawned property in any city or county of
this state, and shall, upon proper application therefor, furnish this
information to the officers referred to in Section 11105.
(b) (1) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to the following provisions as to firearms and
maintain a registry thereof:
(A) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of Title 4
of Part 6.
(B) Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6.
(C) Chapter 5 (commencing with Section 28050) of Division 6 of
Title 4 of Part 6.
(D) Any provision listed in subdivision (a) of Section 16585.
(E) Former Section 12084.
(F) Any other law.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular firearm as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in former Section
12084, or reports made to the department pursuant to any provision
listed in subdivision (a) of Section 16585 or any other law.
(B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular firearm and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to any provision listed in
subdivision (a) of Section 16585 or any other law.
(C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular firearm acquiring or being loaned that firearm.
(D) The manufacturer's name if stamped on the firearm, model name
or number if stamped on the firearm, and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm, or, if the firearm is
not a handgun and does not have a serial number or any identification
number or mark assigned to it, that shall be noted.
(3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular firearm.
(4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
(c) (1) Any officer referred to in paragraphs (1) to (6),
inclusive, of subdivision (b) of Section 11105 may disseminate the
name of the subject of the record, the number of the firearms listed
in the record, and the description of any firearm, including the
make, model, and caliber, from the record relating to any firearm's
sale, transfer, registration, or license record, or any information
reported to the Department of Justice pursuant to Section 26225,
Article 1 (commencing with Section 26700) and Article 2 (commencing
with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6,
Article 1 (commencing with Section 27500) of Chapter 4 of Division 6
of Title 4 of Part 6, Chapter 5 (commencing with Section 28050) of
Division 6 of Title 4 of Part 6, Article 2 (commencing with Section
28150) of Chapter 6 of Division 6 of Title 4 of Part 6, Article 5
(commencing with Section 30900) of Chapter 2 of Division 10 of Title
4 of Part 6, Chapter 2 (commencing with Section 33850) of Division 11
of Title 4 of Part 6, or any provision listed in subdivision (a) of
Section 16585, if the following conditions are met:
(A) The subject of the record has been arraigned for a crime in
which the victim is a person described in subdivisions (a) to (f),
inclusive, of Section 6211 of the Family Code and is being prosecuted
or is serving a sentence for the crime, or the subject of the record
is the subject of an emergency protective order, a temporary
restraining order, or an order after hearing, which is in effect and
has been issued by a family court under the Domestic Violence
Protection Act set forth in Division 10 (commencing with Section
6200) of the Family Code.
(B) The information is disseminated only to the victim of the
crime or to the person who has obtained the emergency protective
order, the temporary restraining order, or the order after hearing
issued by the family court.
(C) Whenever a law enforcement officer disseminates the
information authorized by this subdivision, that officer or another
officer assigned to the case shall immediately provide the victim of
the crime with a "Victims of Domestic Violence" card, as specified in
subparagraph (H) of paragraph (9) of subdivision (c) of Section
13701.
(2) The victim or person to whom information is disseminated
pursuant to this subdivision may disclose it as he or she deems
necessary to protect himself or herself or another person from bodily
harm by the person who is the subject of the record.
(d) This section shall become operative January 1, 2014.
SEC. 2. Section 16663 is added to the Penal Code, to read:
16663. (a) As used in this part, "ammunition vendor" means any
person, firm, corporation, dealer, or any other business enterprise
that is engaged in the retail sale of any ammunition, or that holds
itself out as engaged in the business of selling any ammunition.
(b) Commencing July 1, 2015, "ammunition vendor" means any person
or entity described in subdivision (a) who has a current ammunition
vendor license, pursuant to Section 30380.
SEC. 3. Section 17315 of the Penal Code is amended to read:
17315. As used in Article 3 (commencing with Section 30345) of
Chapter 1 of Division 10 of Title 4, "vendor" means an ammunition
vendor.
SEC. 4. Section 30000 of the Penal Code is amended to read:
30000. (a) The Attorney General shall establish and maintain an
online database to be known as the Prohibited Armed Persons File. The
purpose of the file is to cross-reference persons who have ownership
or possession of a firearm on or after January 1, 1991, as indicated
by a record in the Consolidated Firearms Information System, and
who, subsequent to the date of that ownership or possession of a
firearm, fall within a class of persons who are prohibited from
owning or possessing a firearm.
(b) Commencing January 1, 2015 July 1,
2015 , the file shall also be used to cross-reference persons
who acquire ammunition to determine if those persons fall within a
class of persons who are prohibited from owning or possessing
ammunition.
(c) The information contained in the Prohibited Armed Persons File
shall only be available to those entities specified in, and pursuant
to, subdivision (b) or (c) of Section 11105, through the California
Law Enforcement Telecommunications System, for the purpose of
determining if persons are armed and prohibited from possessing
firearms or ammunition.
SEC. 5. Section 30005 of the Penal Code is amended to read:
30005. The Prohibited Armed Persons File database shall function
as follows:
(a) Upon entry into the Automated Criminal History System
Department of Justice's records of a
disposition for a conviction of any felony, a conviction for any
firearms-prohibiting charge specified in Chapter 2 (commencing with
Section 29800), a conviction for an offense described in Chapter 3
(commencing with Section 29900), a firearms prohibition pursuant to
Section 8100 or 8103 of the Welfare and Institutions Code, or any
firearms possession prohibition identified by the federal National
Instant Criminal Background Check System, the Department of Justice
shall determine if the subject has an entry in the Consolidated
Firearms Information System indicating possession or ownership of a
firearm on or after January 1, 1991, or an assault weapon
registration, or a .50 BMG rifle registration, or commencing
January 1, July 1, 2015, acquisition of
ammunition.
(b) Upon an entry into any department automated information system
that is used for the identification of persons who are prohibited by
state or federal law from acquiring, owning, or possessing firearms,
the department shall determine if the subject has an entry in the
Consolidated Firearms Information System indicating ownership or
possession of a firearm on or after January 1, 1991, or an assault
weapon registration, or a .50 BMG rifle registration.
(c) If the department determines that, pursuant to subdivision (a)
or (b), the subject has an entry in the Consolidated Firearms
Information System indicating possession or ownership of a firearm on
or after January 1, 1991, or an assault weapon registration, or a .
50 BMG rifle registration, the following information shall be entered
into the Prohibited Armed Persons File:
(1) The subject's name.
(2) The subject's date of birth.
(3) The subject's physical description.
(4) Any other identifying information regarding the subject that
is deemed necessary by the Attorney General.
(5) The basis of the firearms possession and ammunition
prohibition.
(6) A description of all firearms owned or possessed by the
subject, as reflected by the Consolidated Firearms Information
System.
SEC. 6. Section 30312 of the Penal Code is amended to read:
30312. (a) (1) The delivery or transfer of ownership of
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 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 in
compliance with this section and Article 3 (commencing with Section
30345), and, commencing July 1, 2015, in accordance with regulations
promulgated by the Department of Justice pursuant to Section 30400
transferee .
(2) Commencing July 1, 2015, the sale of ammunition may only be
conducted by an ammunition vendor licensed pursuant to Section 30385.
(3) For purposes of this section, "ammunition" does not include
blanks.
(b) Subdivision (a) shall not apply to or affect the sale,
delivery, or transfer of 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 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 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) An ammunition vendor.
(8) A consultant-evaluator.
(9) A participant at an event organized by a nonprofit mutual or
public benefit corporation, where the sale, transfer, or delivery is
by a nonprofit mutual or public benefit corporation organized
pursuant to the Corporations Code, where the ammunition is to be used
and consumed on the premises of an event conducted by that nonprofit
or public benefit corporation, and the event is at a target range
which holds a regulatory or business license.
(c) A violation of this section is a misdemeanor.
SEC. 7. The heading of Article 3 (commencing with Section 30345)
of Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code is
amended to read:
Article 3. Ammunition Vendors
SEC. 8. Section 30345 of the Penal Code is amended to read:
30345. (a) A vendor shall comply with all of the conditions,
requirements, and prohibitions stated in this article.
(b) Commencing July 1, 2015, an ammunition vendor shall be
licensed by the Department of Justice in order to sell ammunition.
(c) For purposes of this article, "ammunition" does not include
blanks.
SEC. 9. Section 30347 of the Penal Code is amended to read:
30347. A vendor shall not permit any employee who the vendor
knows or reasonably should know is a person described in Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with Section
29900) of Division 9 of this title or Section 8100 or 8103 of the
Welfare and Institutions Code to handle, sell, or deliver ammunition
in the course and scope of employment.
SEC. 10. Section 30348 is added to the Penal Code, to read:
30348. (a) Except as provided in subdivision (b), the sale of
ammunition shall be conducted at the location specified in the
license.
(b) A vendor may sell ammunition at a gun show or event if the gun
show or event is not conducted from any motorized or towed vehicle.
(c) For purposes of this section, "gun show or event" means a
function sponsored by any national, state, or local organization,
devoted to the collection, competitive use, or other sporting use of
firearms, or an organization or association that sponsors functions
devoted to the collection, competitive use, or other sporting use of
firearms in the community.
(d) Sales of ammunition at a gun show or event shall comply with
Sections 30347, 30350, 30352, and 30360.
SEC. 11. Section 30350 of the Penal Code is amended to read:
30350. A vendor shall not sell, offer for sale, or display for
sale 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.
SEC. 12. Section 30352 of the Penal Code is amended to read:
30352. (a) A vendor shall not sell any ammunition without, at the
time of delivery, legibly recording the following information:
(1) The date of the sale.
(2) The purchaser'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.
(4) The purchaser's signature.
(5) The name of the salesperson who processed the sale or other
transaction.
(6) The right thumbprint of the purchaser on the above form.
(7) The purchaser's full residential address and telephone number.
(8) The purchaser's date of birth.
(b) Commencing July 1, 2015, the vendor shall submit to the
department the information required by subdivision (a) in a format
and a manner prescribed by the department for all sales of ownership
of ammunition. The department shall check the submitted
information against the Prohibited Armed Persons File. The vendor
shall not share any of the information required by subdivision (a)
for any reason other than for authorized law enforcement purposes.
(c) Commencing on July 1, 2015 2016
, only those persons listed below or those persons or entities
listed in subdivision (e) shall be authorized to purchase ammunition.
Prior to the delivery of the ammunition, the vendor shall verify
that the person who is receiving delivery of the ammunition is a
properly identified person or entity listed in subdivision (e) or one
of the following:
(1) A person authorized to purchase ammunition pursuant to Section
30370.
(2) A person who is authorized to carry loaded firearms pursuant
to Section 25900, 25905, 25910, 25925, 26010, 26015, 26025, or 26030.
(3) A holder of a special weapons permit issued by the department
pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing
with Section 18900) of Chapter 1 of Division 5 of Title 2, or
pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of
this division.
(4) A holder of a current certificate of eligibility issued
pursuant to Section 26710.
(5) A holder of a valid entertainment firearms permit issued
pursuant to Chapter 2 (commencing with Section 29500) of Division 8.
(6) If a person does not have an ammunition purchase authorization
because he or she is not a resident of this state, then pursuant to
procedures prescribed by the department, the person presents
documentation to the vendor that shows that the person would not be
prohibited from acquiring or possessing ammunition within this state.
(d) Commencing July 1, 2015 2016 ,
the vendor shall electronically verify with the
department, in a manner prescribed by the department, that the
person is authorized to purchase ammunition by comparing the
person's California driver's license number or California
identification card number to the authorization number in
referencing the centralized list of authorized ammunition
purchasers. If the person is not listed as an authorized ammunition
purchaser, the vendor shall deny the sale.
(e) Subdivisions (a) and (d) shall not apply to or affect sales or
other transfers of ownership of ammunition by ammunition vendors to
any of the following, if properly identified:
(1) A person licensed pursuant to Sections 26700 to 26915,
inclusive.
(2) An 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 or ammunition 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 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.
(9) 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.
SEC. 13. Section 30365 of the Penal Code is amended to read:
30365. (a) A violation of subdivision (b) of Section 30345,
Section 30347, 30350, 30352, 30355, 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. 14. Article 4 (commencing with Section 30370) is added to
Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, to
read:
Article 4. Ammunition Purchase Authorizations
Felony Screening
30370. (a) (1) Commencing on January 1, 2015
2016 , any person who is a resident of this state
and who is 18 years of age or older may apply to the
department for an ammunition purchase authorization.
(2) The ammunition purchase authorization shall entitle the
authorized person to purchase ammunition from an ammunition vendor as
that term is defined in Section 16663 and shall have no other force
or effect. The authorization does not authorize a person to
purchase ammunition if the person is or becomes prohibited from
acquiring or possessing ammunition.
(3) For purposes of this article, "ammunition" does not include
blanks.
(4) Those persons and entities listed in subdivisions (c) and (e)
of Section 30352 are not required to obtain an authorization under
this article in order to acquire or posses ammunition.
(b) The department shall issue an ammunition purchase
authorization to the applicant if all of the following conditions are
met:
(1) The applicant is 18 years of age or older.
(2) The applicant is not prohibited from acquiring or possessing
ammunition by the laws of this state because
of a felony conviction .
(3) The applicant pays the fees set forth in subdivision
(i) (g) .
(4) The applicant submits fingerprint images in compliance with
subdivision (i).
(5) The applicant provides a government issued photo
identification.
(c) (1) Upon receipt of an application, the department shall
examine its records and is authorized to request records
from the State Department of State Hospitals, pursuant to Section
8104 of the Welfare and Institutions Code, and if authorized, the
National Instant Criminal Background Check System, as described in
Section 922(t) of Title 18 of the United States Code, in
order to determine if the applicant is prohibited from possessing or
acquiring ammunition due to a felony conviction .
(2) The applicant shall be approved or denied within 30 days of
the date of the application. If the application is denied, the
department shall state the reasons for doing so and provide the
applicant an appeal process to challenge that denial.
(3) If the department is unable to ascertain the final disposition
of the application within 30 days of the applicant's submission, the
department shall grant authorization to the applicant
deny the application and refer the applicant to the
file record review process .
(d) The ammunition purchase authorization shall be revoked by the
department upon the occurrence of any event which would have
disqualified the holder from being issued the ammunition purchase
authorization pursuant to this section prohibit the
individual from owning or possessing ammunition .
(e) The ammunition purchase authorization number shall be the same
number as the person's California driver's license number or
California identification card number.
(e) The department shall provide a written notice to the applicant
stating that an authorization under this section does not authorize
a person who is otherwise prohibited from acquiring or possessing
ammunition to acquire or possess ammunition.
(f) The department shall create an internal centralized list of
all persons who are authorized to purchase ammunition and
provide access by ammunition vendors to the list for purposes of
conducting ammunition sales . The photo identification
provided with the application shall be referenced to the person
in the centralized list.
Law enforcement agencies shall be provided access to the list for law
enforcement purposes.
(g) The department shall recover the reasonable cost of
administering regulatory and enforcement
activities related to the sale, purchase, possession, loan, or
transfer of ammunition pursuant to this section by charging
applicants an initial application fee not to exceed fifty
dollars ($50), which shall be valid for two years, and not to exceed
fourteen dollars ($14) for the biennial renewal application to
include at a minimum, a new application and background check .
(h) All fees received pursuant to this section shall be deposited
into the Dealer's Record of Sale Special Account of the General Fund.
(i) Applicants subject to subdivision (a) shall submit fingerprint
images and related information required by the department to the
department for the purposes of obtaining information as to the
existence and content of a record of state or federal convictions.
Fingerprint images and other information may also be used to obtain
information related to state or federal arrests and state or federal
arrests for which the department establishes that the person is free
on bail or on his or her recognizance pending trial or appeal, for
purposes of determining if the arrests resulted in a conviction.
(1) When received, the department shall forward to the Federal
Bureau of Investigation requests for federal summary criminal history
information received pursuant to this section. The department shall
review the information returned from the Federal Bureau of
Investigation and disseminate the result within the department.
(2) The department shall request subsequent notification service,
as provided pursuant to Section 11105.2 of the Penal Code, for
applicants subject to subdivision (a).
(3) The department shall charge a reasonable fee sufficient to
cover the cost of processing the request described in this section.
(i)
(j) The implementation of this section by the
department is exempt from the Administrative Procedure Act (Chapter
3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title
2 of the Government Code).
(j)
(k) The department shall annually review and shall
adjust the fees specified in subdivision (g), if necessary, to fully
fund, but not to exceed the reasonable costs of, the ammunition
authorization program provided by this section, including the
enforcement of this program.
(k)
(l) The Attorney General is authorized to adopt
regulations to implement the provisions of this section.
SEC. 15. Article 5 (commencing with Section 30380) is added to
Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, to
read:
Article 5. Ammunition Vendor Licenses
30380. (a) Commencing July 1, 2015, no ammunition vendor shall
sell ammunition unless the vendor is licensed pursuant to Section
30385.
(b) A violation of this section is a misdemeanor.
(c) For purposes of this article, "ammunition" does not include
blanks.
30385. (a) The Department of Justice is authorized to issue
ammunition vendor licenses pursuant to this article. The department
shall, commencing March 1, 2015 January 1,
2015 , commence accepting applications for ammunition vendor
licenses. The department shall issue a license or deny the
application for a license within 30 days of receipt of the
application. If the application is denied, the department shall
inform the applicant of the reason for denial in writing.
(b) 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 Attorney General may adopt regulations to administer
application and enforcement provisions of this article. The license
shall allow the licensee to sell ammunition from a fixed location.
30390. (a) The department may charge ammunition vendor license
applicants a fee sufficient to reimburse the department for the
reasonable costs of administering the license program, maintaining
the registry of ammunition vendors, and necessary enforcement,
provided however, that the fee shall not exceed fifty
one hundred dollars ($50)
($100) .
(b) The fees received by the department pursuant to this article
shall be deposited in the Ammunition Vendor's Special Account
of the General Fund , which is hereby created. The
revenue in the fund shall be available, upon appropriation by the
Legislature, for use by the Department of Justice for the purpose of
implementing and enforcing the provisions of this article.
30395. (a) The department is authorized to issue ammunition
vendor licenses to ammunition vendors who the department has
determined are not prohibited by state law from possessing,
receiving, owning, or purchasing a firearm, and who provide a copy of
any regulatory or business license required by local government, a
valid seller's permit issued by the State Board of Equalization, a
federal firearms license if the person is federally licensed, and a
certificate of eligibility issued by the department.
(b) The department shall issue ammunition vendor licenses pursuant
to this article to the following applicants:
(1) A licensed firearms dealer.
(2) Persons on the centralized list maintained by the department
pursuant to Section 28450.
(3) A target facility holding a business or other regulatory
license.
(4) A gunsmith.
(5) A firearms wholesaler.
(6) A manufacturer or importer of firearms or ammunition licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code, and the regulations issued pursuant thereto.
(c) The department shall keep a registry of all licensed
ammunition vendors.
(d) The department shall revoke the license of any ammunition
vendor who violates this article or Article 3 (commencing with
Section 30345) in any combination three times. The ammunition vendor
shall thereafter be permanently ineligible for an ammunition vendor
license.
30400. (a) Prior to July 1, 2015, the Department of Justice shall
adopt regulations to implement the provisions of subdivision (a) of
Section 30312 that allow ammunition to 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 in compliance with Section 30312 and Article 3 (commencing
with Section 30345).
(b) The regulations shall include the following components:
(1) A requirement that ammunition vendors promptly and properly
process those transactions.
(2) Requirements that transaction records are not used for
purposes other than completing the transaction.
30400. (a) The Attorney General shall prepare and submit to the
Legislature on or before July 1, 2016, a report concerning all of the
following:
(1) Recommendations for enhancements that could be made to the
background check system to capture mental health records, domestic
violence restraining orders, and wanted person's information.
(2) The feasibility and costs of implementing enhancements to the
background check system.
(3) The overall costs of creating and maintaining, and the costs
to the individuals of using, that enhanced system.
(4) The feasibility of integrating the ammunition background check
system into the current firearm registration system.
(5) The effect of the system on overall efforts by the Department
of Justice in terms of information and computerized upgrades that the
department is currently undertaking.
(6) Recommendations for regulation of interstate commerce,
including the Internet sale of ammunition and out-of-state hunters
wanting to purchase ammunition in California.
(7) Recommendations for any specific statutory changes necessary
to implement the recommendations, if any.
(b) The report required by subdivision (a) shall be submitted
pursuant to Section 9795 of the Government Code.
(c) It is the intent of the Legislature to implement the
ammunition background check system incrementally to minimize cost
burdens to the state. It is also the intent of the Legislature to
provide the Department of Justice the flexibility to develop a more
comprehensive background check system that includes mental health
records and restraining orders. It is the intent of the Legislature
that the department enforce the provisions of this chapter.
SEC. 16. 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.