AB 48, as amended, Skinner. Firearms: ammunition: sales.
(1) Except as specified, existing law makes it a crime to manufacture, import, keep for sale, offer or expose for sale, or give or lend any large-capacity magazine, and makes a large-capacity magazine a nuisance. Existing law defines “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds but excludes, in pertinent part, a feeding device that has been permanently altered so that the magazine cannot accommodate more than 10 rounds.
This bill would make it a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment, to knowingly manufacture, import, keep for sale, offer or expose for sale, or give or lend any device that is capable of converting an ammunition feeding device into a large-capacity magazine. The bill would revise the definition of “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds, including a readily restorable, as defined, disassembled large-capacity magazine, and an oversize magazine body that appears to hold in excess of 10 rounds. The bill would make related, conforming changes. By creating a new crime, this bill would impose a state-mandated local program.
(2) Existing law prohibits any person, corporation, or dealer from selling ammunition to a person under 18 years of age, selling ammunition designed for use in a handgun to a person under 21 years of age, or providing possession of any ammunition to any minor who the person, corporation, or dealer knows is prohibited from possessing that ammunition at that time. Existing law prohibits a person, corporation, or firm from giving possession or control of ammunition to any person who he or she knows is prohibited by law from possessing ammunition. Existing law also regulates handgun ammunition vendors and provides that a handgun ammunition vendor shall not permit any employee who the vendor knows or reasonably should know is a person who has been convicted of a felony or other specified crimes to handle, sell, or deliver handgun ammunition in the course and scope of employment.
This bill would require anyone in the state, prior tobegin delete selling, transferring, or otherwise furnishingend deletebegin insert selling or otherwise transferring ownership of anyend insert ammunition to an individual or business entity in this state or any other statebegin insert
to possess a license to sell ammunition or a license to sell firearms, as provided,end insert to require proper identification, asbegin delete prescribed, to be an authorized firearms dealer, and toend deletebegin insert prescribed, and toend insert report the sales to the Department of Justice. An individual who fails to make the required report or who knowingly makes a report with false or fictitious information would be guilty of abegin delete misdemeanor,end deletebegin insert crime, and the ammunition dealer would be subject to an administrative enforcement action by the departmentend insert as specified. This bill would exempt an individual in the state who sells, transfers, or furnishes
ammunition to certain specified law enforcement individuals from those identification and reporting requirements. By creating a new crime, this bill would impose a state-mandated local program.
The bill would require the department to alert local law enforcement entities in the community in which the purchaser resides if an individual purchaser who is not a peace officer obtains more thanbegin delete ____end deletebegin insert 3,000end insert rounds within a 5-day period.
The bill would allow a person to request a license to sell ammunition from the Department of Justice, would require the department to conduct a background check to determine if the applicant is prohibited by state or federal law from possessing a firearm, and would require the department to issue a license to sell ammunition to an applicant if the applicant is not prohibited. The bill would require the department to adopt regulations to recover the costs of administering the program by imposing a fee on applicants.
end insertbegin insertThe bill would require the department to create the California Ammunition Database, and would require the department to cross-reference specified information about ammunition purchasers provided by licensed ammunition dealers with the Prohibited Armed Persons File. If the dealer failed to report that information, the bill would authorize an administrative enforcement action against the dealer by the department. The bill would make these provisions and the above reporting requirements regarding the sale of ammunition operative upon the creation of the California Ammunition Database by the department. The bill would require the department to adopt regulations and to recover costs of administering the program by imposing a fee on ammunition dealers.
end insert(3) 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 16740 of the Penal Code is amended to
2read:
(a) As used in this part, “large-capacity magazine”
4means any ammunition feeding device with the capacity to accept
5more than 10 rounds, including, but not limited to, a readily
6restorable disassembled large-capacity magazine and an oversize
7magazine body that appears to hold in excess of 10 rounds. A
8magazine body is not a large-capacity magazine if it is only of
9sufficient size to accommodate no more than 10 rounds of
P4 1ammunition and the internal working parts of the magazine,
2including the follower and spring.
3(b) As used in this section, “readily restorable” means magazine
4parts under the custody and control of an individual or individuals
5that can be assembled into a complete
magazine.
Section 16740.5 is added to the Penal Code, to read:
As used in this part, a “large-capacity magazine” shall
8not be construed to include any of the following:
9(a) A .22 caliber tube ammunition feeding device.
10(b) A tubular magazine that is contained in a lever-action
11firearm.
Section 16890 of the Penal Code is amended to read:
As used in Section 16150, 16740, 30305, or 30515,
14“magazine” means any ammunition feeding device, including
15readily restorable disassembled magazines. For purposes of this
16section, “readily restorable” means magazine parts under the
17custody and control of an individual or individuals that can be
18assembled into a complete magazine.
Section 30301 is added to the Penal Code, to read:
(a) Anyone in this state, prior to selling, transferring,
21or otherwise furnishing ammunition to an individual or business
22entity in this state or any other state, shall do all of the following:
23(1) Possess a license to sell ammunition, as described in Section
2430302, or a license to sell firearms pursuant to Article 1
25(commencing with Section 26700) and Article 2 (commencing with
26Section 26800) of Chapter 2.
27(1)
end delete
28begin insert(end insertbegin insert2)end insert Require proper identification from the purchaser in the form
29of a driver’s license or other photographic identification issued by
30a state or the federal government.
31(2) Be an authorized firearms dealer, pursuant to Section 26500.
end delete
32(3) Submit a report to the Department of Justice for all of the
33transactions, in a manner to be determined by the department.
34(b) The Department of Justice shall alert local law enforcement
35entities in the community in which the purchaser resides if the
36purchaser obtains more thanbegin delete ____end deletebegin insert
3,000end insert rounds within a five-day
37period and the purchaser is an individual and not an authorized
38firearms dealer. The department is not required to alert local law
39enforcement of sales of ammunition made to peace officers.
P5 1(c) (1) Any individual who does not submit the report required
2by paragraph (3) of subdivision (a), or who knowingly submits a
3report with false or fictitious information, shall be punished by
4imprisonment in a county jail not exceeding six months, by a fine
5not exceeding five thousand dollars ($5,000), or by both the fine
6and imprisonmentbegin insert, and the dealer is subject to an administrative
7enforcement action by the department to revoke or suspend the
8dealer’s license to sell ammunitionend insert.
9(2) Any individual who has previously been convicted of a
10violation of paragraph (1) shall, upon a subsequent conviction
11thereof, be punished by imprisonment pursuant to subdivision (h)
12of Section 1170 of the Penal Code, or by imprisonment in a county
13jail not exceeding one year, by a fine not exceeding one hundred
14thousand dollars ($100,000), or by both the fine and imprisonment.
15(d) Subdivisions (a), (b), and (c) do not apply to or affect the
16sale, delivery, or transfer of ammunition to any of the following:
17(1) An authorized law enforcement representative of a city,
18county, city and county, or state or federal government, if the sale,
19delivery, or transfer is for the exclusive use by that government
20agency and, prior to
the sale, delivery, or transfer of the
21ammunition, written authorization from the head of the agency
22employing the purchaser or transferee is obtained identifying the
23employee as an individual authorized to conduct the transaction,
24and authorizing the transaction for the exclusive use of the agency
25employing the individual.
26(2) A sworn peace officer, as defined in Chapter 4.5
27(commencing with Section 830) of Title 3 of Part 2 who is
28authorized to carry a firearm in the course and scope of his or her
29duties.
begin insertSection 30302 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert
begin insert(a) A person may request an ammunition license from
32the Department of Justice.
33(b) The Department of Justice shall examine its records and
34records available to the department in the National Instant
35Criminal Background Check System in order to determine if the
36applicant is prohibited by state or federal law from possessing,
37receiving, owning, or purchasing a firearm.
38(c) The department shall issue a license to sell ammunition to
39an applicant if the department’s records indicate that the applicant
P6 1is not a person who is prohibited by state or federal law from
2possessing firearms.
3(d) The department shall adopt
regulations to administer this
4program and shall recover the reasonable costs of administering
5and enforcing this program, by imposing fees assessed to
6applicants who apply for those licenses.
7(e) All funds collected shall be deposited in the Ammunition
8Dealer License Fund, which is hereby created.
begin insertSection 30303 is added to the end insertbegin insertPenal Codeend insertbegin insert, to read:end insert
begin insert(a) The Department of Justice shall create the
11California Ammunition Database.
12(b) Ammunition dealers shall collect each ammunition
13purchaser’s name, date of birth, address, and the number of rounds
14of ammunition to be sold, transferred, or furnished, and report
15that information electronically to the Department of Justice. An
16ammunition dealer who fails to report that information
17electronically to the department is subject to an administrative
18enforcement action by the department to revoke or suspend the
19dealer’s license to sell ammunition.
20(c) Upon receipt of the information described in subdivision
21(a), the Department of Justice shall immediately cross-reference
22the
purchaser’s information with the Prohibited Armed Persons
23File. If a purchaser’s name appears in the Prohibited Armed
24Persons File, the Department of Justice shall forward that
25individual’s information to local law enforcement through a secure
26mail box.
27(d) The department shall record the information in subdivision
28(a) in the database for every purchaser and make the information
29readily available to ammunition dealers in an electronic format.
30The department shall also make the information in the database
31accessible to state and local law enforcement if that access does
32not increase the cost of the database.
33(e) Prior to each sale or transfer of ammunition, an ammunition
34dealer shall, in a manner determined by the department, check the
35ammunition purchaser’s information against the California
36Ammunition Database.
37(f) This section and the reporting requirement in Section 30301
38shall not become effective until the Department of Justice creates
39the California Ammunition Database, which shall occur on or
40before January 1, 2016.
P7 1(g) The department shall adopt regulations to administer this
2program, and shall recover the reasonable costs of administering
3and enforcing this program by imposing fees assessed to
4ammunition dealers based upon the number of rounds of
5ammunition sold or transferred to the ammunition purchaser.
6(h) For purposes of this section, an “ammunition purchaser”
7includes any individual or business entity who receives
8ammunition, whether by sale or transfer, or is otherwise furnished
9with ammunition. An ammunition purchaser does not include any
10individual or entity described in subdivision (d) of Section 30301.
Section 32311 is added to the Penal Code, to read:
Except as provided in Article 2 (commencing with
14Section 32400) of this chapter and in Chapter 1 (commencing with
15Section 17700) of Division 2 of Title 2, commencing January 1,
162014, any person in this state who knowingly manufactures or
17causes to be manufactured, imports into the state, keeps for sale,
18or offers or exposes for sale, or who gives or lends any device that
19is capable of converting an ammunition feeding device into a
20large-capacity magazine is punishable by a fine of not more than
21one thousand dollars ($1,000) or imprisonment in a county jail not
22to exceed six months, or by both that fine and imprisonment.
Section 32390 of the Penal Code is amended to read:
(a) Except as provided in Article 2 (commencing with
26Section 32400) of this chapter and in Chapter 1 (commencing with
27Section 17700) of Division 2 of Title 2, and in subdivision (b),
28any large-capacity magazine is a nuisance and is subject to Section
2918010.
30(b) Subdivision (a) does not apply to the possession of a readily
31restorable disassembled large-capacity magazine or an oversize
32magazine body that has been permanently altered so that the
33magazine cannot accommodate more than 10 rounds by a person
34who lawfully possessed the magazine prior to January 1, 2014.
No reimbursement is required by this act pursuant to
37Section 6 of Article XIII B of the California Constitution because
38the only costs that may be incurred by a local agency or school
39district will be incurred because this act creates a new crime or
40infraction, eliminates a crime or infraction, or changes the penalty
P8 1for a crime or infraction, within the meaning of Section 17556 of
2the Government Code, or changes the definition of a crime within
3the meaning of Section 6 of Article XIII B of the California
4Constitution.
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