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 person who are prohibited from possessing firearms with records of firearm transactions, as specified, 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 the Prohibited Armed Persons File to address persons prohibited from acquiring ammunition, and would similarly cross-reference those persons with records of ammunition transactions, as specified, 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. 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, 2014, who is licensed, as specified, for those and other purposes.begin insert The bill would provide that commencing July 1, 2014, only a licensed ammunition vendor may sell ammunition.end insert The bill 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. The bill would, commencing July 1, 2014, require the vendor to submit specified information about the ammunition transaction to the Department of Justice. The bill would, commencing July 1, 2017, and subject to exceptions, require the purchaser of ammunition to hold an ammunition purchase permit, or other specified permit, license, or certificate pertaining to acquisition, possession, or carrying firearms, as provided, or other specified documentation for a person who is not a state resident. The bill would, commencing July 1, 2017, require the vendor to submit to the Department of Justice information demonstrating compliance with that verification requirement, as specified. The bill would, commencing January 1, 2017, authorize issuance of ammunition purchase permits 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 specify the information to be displayed on the permit. The bill would provide that the permit authorizes the holder to purchase ammunition from an ammunition vendor.
(6) The bill would authorize the Department of Justice to issue ammunition vendor licenses, commencing July 1, 2014. The bill would require an ammunition vendor to be licensed, commencing July 1, 2014, in order to sell or transfer ownership of ammunition. Violation of these provisions would be a misdemeanor. The bill would create an application process and a registry for licensed ammunition vendors, as specified. 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.
By creating a new crime, this bill would impose a state-mandated local program.
(7) The bill would require the Attorney General to report to the Legislature, on or before January 1, 2016, on the feasibility and costs of implementing an instantaneous background check system for purposes of evaluating prospective ammunition purchasers, as specified. The bill would state the intent of the Legislature in this regard.
(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 11106 of the Penal Code, as added by
2Section 2.5 of Chapter 745 of the Statutes of 2011, is amended to
3read:
(a) In order to assist in the investigation of crime, the
5prosecution of civil actions by city attorneys pursuant to paragraph
6(3) of subdivision (b), the arrest and prosecution of criminals, and
7the recovery of lost, stolen, or found property, the Attorney General
8shall keep and properly file a complete record of all copies of
9fingerprints, copies of licenses to carry firearms issued pursuant
10to Section 26150, 26155, 26170, or 26215, information reported
11to the Department of Justice pursuant to Section 26225, copies of
12permits authorized in Section 30370, ammunition vendor license
13information pursuant to Article 5 (commencing with Section
1430380) of Chapter 1 of Division 10 of Title 4 of Part 6, information
15required by subdivisions (a), (b), and (c)
of Section 30352, dealers’
16records of sales of firearms, reports provided pursuant to Article
171 (commencing with Section 27500) of Chapter 4 of Division 6
18of Title 4 of Part 6, or pursuant to any provision listed in
19subdivision (a) of Section 16585, forms provided pursuant to
20Section 12084, as that section read prior to being repealed, reports
21provided pursuant to Article 1 (commencing with Section 26700)
22and Article 2 (commencing with Section 26800) of Chapter 2 of
23Division 6 of Title 4 of Part 6, that are not dealers’ records of sales
24of firearms, and reports of stolen, lost, found, pledged, or pawned
25property in any city or county of this state, and shall, upon proper
26application therefor, furnish this information to the officers referred
27to in Section 11105.
28(b) (1) The Attorney General shall permanently keep and
29properly
file and maintain all information reported to the
P5 1Department of Justice pursuant to the following provisions as to
2firearms and maintain a registry thereof:
3(A) Article 1 (commencing with Section 26700) and Article 2
4(commencing with Section 26800) of Chapter 2 of Division 6 of
5Title 4 of Part 6.
6(B) Article 1 (commencing with Section 27500) of Chapter 4
7of Division 6 of Title 4 of Part 6.
8(C) Chapter 5 (commencing with Section 28050) of Division 6
9of Title 4 of Part 6.
10(D) Any provision listed in subdivision (a) of Section 16585.
11(E) Former Section 12084.
12(F) Any other law.
13(2) The registry shall consist of all of the following:
14(A) The name, address, identification of, place of birth (state
15or country), complete telephone number, occupation, sex,
16description, and all legal names and aliases ever used by the owner
17or person being loaned the particular firearm as listed on the
18information provided to the department on the Dealers’ Record of
19Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
20in former Section 12084, or reports made to the department
21pursuant to any provision listed in subdivision (a) of Section 16585
22or any other law.
23(B) The name and address of, and other information about, any
24person (whether a dealer or a private party) from whom
the owner
25acquired or the person being loaned the particular firearm and
26when the firearm was acquired or loaned as listed on the
27information provided to the department on the Dealers’ Record of
28Sale, the LEFT, or reports made to the department pursuant to any
29provision listed in subdivision (a) of Section 16585 or any other
30law.
31(C) Any waiting period exemption applicable to the transaction
32which resulted in the owner of or the person being loaned the
33particular firearm acquiring or being loaned that firearm.
34(D) The manufacturer’s name if stamped on the firearm, model
35name or number if stamped on the firearm, and, if applicable, the
36serial number, other number (if more than one serial number is
37stamped on the firearm), caliber, type of firearm, if the firearm is
38new or
used, barrel length, and color of the firearm, or, if the
39firearm is not a handgun and does not have a serial number or any
40identification number or mark assigned to it, that shall be noted.
P6 1(3) Information in the registry referred to in this subdivision
2shall, upon proper application therefor, be furnished to the officers
3referred to in Section 11105, to a city attorney prosecuting a civil
4action, solely for use in prosecuting that civil action and not for
5any other purpose, or to the person listed in the registry as the
6owner or person who is listed as being loaned the particular firearm.
7(4) If any person is listed in the registry as the owner of a firearm
8through a Dealers’ Record of Sale prior to 1979, and the person
9listed in the registry requests by letter that the Attorney General
10store
and keep the record electronically, as well as in the record’s
11existing photographic, photostatic, or nonerasable optically stored
12form, the Attorney General shall do so within three working days
13of receipt of the request. The Attorney General shall, in writing,
14and as soon as practicable, notify the person requesting electronic
15storage of the record that the request has been honored as required
16by this paragraph.
17(c) (1) Any officer referred to in paragraphs (1) to (6), inclusive,
18of subdivision (b) of Section 11105 may disseminate the name of
19the subject of the record, the number of the firearms listed in the
20record, and the description of any firearm, including the make,
21model, and caliber, from the record relating to any firearm’s sale,
22transfer, registration, or license record, or any information reported
23to the
Department of Justice pursuant to Section 26225, Article 1
24(commencing with Section 26700) and Article 2 (commencing
25with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part
266, Article 1 (commencing with Section 27500) of Chapter 4 of
27Division 6 of Title 4 of Part 6, Chapter 5 (commencing with
28Section 28050) of Division 6 of Title 4 of Part 6, Article 2
29(commencing with Section 28150) of Chapter 6 of Division 6 of
30Title 4 of Part 6, Article 5 (commencing with Section 30900) of
31Chapter 2 of Division 10 of Title 4 of Part 6, Chapter 2
32(commencing with Section 33850) of Division 11 of Title 4 of Part
336, or any provision listed in subdivision (a) of Section 16585, if
34the following conditions are met:
35(A) The subject of the record has been arraigned for a crime in
36which the victim is a person described in subdivisions (a) to (f),
37inclusive,
of Section 6211 of the Family Code and is being
38prosecuted or is serving a sentence for the crime, or the subject of
39the record is the subject of an emergency protective order, a
40temporary restraining order, or an order after hearing, which is in
P7 1effect and has been issued by a family court under the Domestic
2Violence Protection Act set forth in Division 10 (commencing
3with Section 6200) of the Family Code.
4(B) The information is disseminated only to the victim of the
5crime or to the person who has obtained the emergency protective
6order, the temporary restraining order, or the order after hearing
7issued by the family court.
8(C) Whenever a law enforcement officer disseminates the
9information authorized by this subdivision, that officer or another
10officer assigned to the case shall
immediately provide the victim
11of the crime with a “Victims of Domestic Violence” card, as
12specified in subparagraph (H) of paragraph (9) of subdivision (c)
13of Section 13701.
14(2) The victim or person to whom information is disseminated
15pursuant to this subdivision may disclose it as he or she deems
16necessary to protect himself or herself or another person from
17bodily harm by the person who is the subject of the record.
18(d) This section shall become operative January 1, 2014.
Section 16663 is added to the Penal Code, to read:
(a) As used in this part, “ammunition vendor” means
21any person, firm, corporation, dealer, or any other business
22enterprise that is engaged in the retail sale of any ammunition, or
23that holds itself out as engaged in the business of selling any
24ammunition.
25(b) Commencing July 1, 2014, “ammunition vendor” means
26any person or entity described in subdivision (a) who has a current
27ammunition vendor license, pursuant to Section 30380.
Section 17315 of the Penal Code is amended to read:
As used in Article 3 (commencing with Section 30345)
30of Chapter 1 of Division 10 of Title 4, “vendor” means an
31ammunition vendor.
Section 30000 of the Penal Code is amended to read:
(a) The Attorney General shall establish and maintain
34an online database to be known as the Prohibited Armed Persons
35File. The purpose of the file is to cross-reference persons who have
36ownership or possession of a firearm on or after January 1, 1991,
37as indicated by a record in the Consolidated Firearms Information
38System, and who, subsequent to the date of that ownership or
39possession of a firearm, fall within a class of persons who are
40prohibited from owning or possessing a firearm.
P8 1(b) Commencing January 1, 2014, the file shall also be used to
2cross-reference persons who acquire ammunition to determine if
3those persons fall within a class of persons who are prohibited
4from
owning or possessing ammunition.
5(c) The information contained in the Prohibited Armed Persons
6File shall only be available to those entities specified in, and
7pursuant to, subdivision (b) or (c) of Section 11105, through the
8California Law Enforcement Telecommunications System, for the
9purpose of determining if persons are armed and prohibited from
10possessing firearms or ammunition.
Section 30005 of the Penal Code is amended to read:
The Prohibited Armed Persons File database shall
13function as follows:
14(a) Upon entry into the Automated Criminal History System of
15a disposition for a conviction of any felony, a conviction for any
16firearms-prohibiting charge specified in Chapter 2 (commencing
17with Section 29800), a conviction for an offense described in
18Chapter 3 (commencing with Section 29900), a firearms prohibition
19pursuant to Section 8100 or 8103 of the Welfare and Institutions
20Code, or any firearms possession prohibition identified by the
21federal National Instant Criminal Background Check System, the
22Department of Justice shall determine if the subject has an entry
23in the Consolidated Firearms Information System indicating
24possession
or ownership of a firearm on or after January 1, 1991,
25or an assault weapon registration, or a .50 BMG rifle registration,
26or, commencing January 1, 2014, acquisition of ammunition.
27(b) Upon an entry into any department automated information
28system that is used for the identification of persons who are
29prohibited by state or federal law from acquiring, owning, or
30possessing firearms, the department shall determine if the subject
31has an entry in the Consolidated Firearms Information System
32indicating ownership or possession of a firearm on or after January
331, 1991, or an assault weapon registration, or a .50 BMG rifle
34registration, or information received pursuant to subdivision (b)
35of Section 30352.
36(c) If the department determines that, pursuant to subdivision
37(a) or (b), the
subject has an entry in the Consolidated Firearms
38Information System indicating possession or ownership of a firearm
39on or after January 1, 1991, or an assault weapon registration, or
40a .50 BMG rifle registration, or information received pursuant to
P9 1subdivision (b) of Section 30352, the following information shall
2be entered into the Prohibited Armed Persons File:
3(1) The subject’s name.
4(2) The subject’s date of birth.
5(3) The subject’s physical description.
6(4) Any other identifying information regarding the subject that
7is deemed necessary by the Attorney General.
8(5) The basis of the firearms and
ammunition possession
9prohibition.
10(6) A description of all firearms owned or possessed by the
11subject, as reflected by the Consolidated Firearms Information
12System.
Section 30010 of the Penal Code is amended to read:
The Attorney General shall provide investigative
15assistance to local law enforcement agencies to better ensure the
16investigation of individuals who are armed and prohibited from
17possessing a firearm or who are prohibited from possessing
18ammunition.
Section 30312 of the Penal Code is amended to read:
(a) begin insert(1)end insertbegin insert end insertThe delivery or transfer of ownership of
21ammunition may only occur in a face-to-face transaction with the
22deliverer or transferor being provided bona fide evidence of identity
23from the purchaser or other transferee.
24(2) Commencing July 1, 2014, the sale of ammunition may only
25be conducted by an ammunition vendor licensed pursuant to
26Section 30385.
27(b) Subdivision (a) shall not apply to or affect the sale, delivery,
28or
transfer of ammunition to any of the following:
29(1) An authorized law enforcement representative of a city,
30county, city and county, or state or federal government, if the sale,
31delivery, or transfer is for exclusive use by that government agency
32and, prior to the sale, delivery, or transfer of the ammunition,
33written authorization from the head of the agency employing the
34purchaser or transferee is obtained, identifying the employee as
35an individual authorized to conduct the transaction, and authorizing
36the transaction for the exclusive use of the agency employing the
37individual.
38(2) A sworn peace officer, as defined in Chapter 4.5
39(commencing with Section 830) of Title 3 of Part 2 who is
P10 1authorized to carry a firearm in the course and scope of the officer’s
2duties.
3(3) An importer or manufacturer of ammunition or firearms
4who is licensed to engage in business pursuant to Chapter 44
5(commencing with Section 921) of Title 18 of the United States
6Code and the regulations issued pursuant thereto.
7(4) A person who is on the centralized list maintained by the
8Department of Justice pursuant to Article 6 (commencing with
9Section 28450) of Chapter 6 of Division 6 of this title.
10(5) A person whose licensed premises are outside this state and
11who is licensed as a dealer or collector of firearms pursuant to
12Chapter 44 (commencing with Section 921) of Title 18 of the
13United States Code and the regulations issued pursuant thereto.
14(6) A
person who is licensed as a collector of firearms pursuant
15to Chapter 44 (commencing with Section 921) of Title 18 of the
16United States Code and the regulations issued pursuant thereto,
17whose licensed premises are within this state, and who has a current
18certificate of eligibility issued by the Department of Justice
19pursuant to Section 26710.
20(7) An ammunition vendor.
21(8) A consultant-evaluator.
22(c) A violation of this section is a misdemeanor.
The heading of Article 3 (commencing with Section
2430345) of Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal
25Code is amended to read:
26
Section 30345 of the Penal Code is amended to read:
(a) A vendor shall comply with all of the conditions,
31requirements, and prohibitions stated in this article.
32(b) Commencing July 1, 2014, an ammunition vendor shall be
33licensed by the Department of Justice in order to sell or otherwise
34transfer ownership of ammunition.
Section 30347 of the Penal Code is amended to read:
A vendor shall not permit any employee who the vendor
37knows or reasonably should know is a person described in Chapter
382 (commencing with Section 29800) or Chapter 3 (commencing
39with Section 29900) of Division 9 of this title or Section 8100 or
P11 18103 of the Welfare and Institutions Code to handle, sell, or deliver
2ammunition in the course and scope of employment.
Section 30348 is added to the Penal Code, to read:
(a) Except as provided in subdivision (b), the sale or
5other transfer of ownership of ammunition shall be conducted at
6the location specified in the license.
7(b) A vendor may sell or otherwise transfer ownership of
8ammunition at a gun show or event if the gun show or event is not
9conducted from any motorized or towed vehicle.
10(c) For purposes of this section, “gun show or event” means a
11function sponsored by any national, state, or local organization,
12devoted to the collection, competitive use, or other sporting use
13of firearms, or an organization or association that sponsors
14functions devoted to the collection,
competitive use, or other
15sporting use of firearms in the community.
16(d) Sales or other transfers of ownership of ammunition at a
17gun show or event shall comply with Sections 30347, 30350,
1830352, and 30360.
Section 30350 of the Penal Code is amended to read:
A vendor shall not sell or otherwise transfer ownership
21of, offer for sale or otherwise offer to transfer ownership of, or
22display for sale or display for transfer of ownership of any
23ammunition in a manner that allows that ammunition to be
24accessible to a purchaser or transferee without the assistance of
25the vendor or an employee of the vendor.
Section 30352 of the Penal Code is amended to read:
(a) A vendor shall not sell or otherwise transfer
28ownership of any ammunition without, at the time of delivery,
29legibly recording the following information:
30(1) The date of the sale or other transaction.
31(2) The purchaser’s or transferee’s driver’s license or other
32identification number and the state in which it was issued.
33(3) The brand, type, and amount of ammunition sold or
34otherwise transferred.
35(4) The purchaser’s or transferee’s signature.
36(5) The name of the salesperson who processed the sale or other
37transaction.
38(6) The right thumbprint of the purchaser or transferee on the
39above form.
P12 1(7) The purchaser’s or transferee’s full residential address and
2telephone number.
3(8) The purchaser’s or transferee’s date of birth.
4(b) Commencing July 1, 2014, the vendor shall submit to the
5department the information required by subdivision (a) in a format
6and a manner prescribed by the department for all sales or other
7transfers of ownership of ammunition.
8(c) Commencing July 1, 2017, an ammunition vendor shall
9submit informationbegin insert
to the departmentend insert in a format prescribed by
10the department to show compliance with subdivision (d).
11(d) Commencing on July 1, 2017, only those persons listed
12below or those persons or entities listed in subdivision (f) shall be
13permitted to purchase ammunition. Prior to the delivery of the
14ammunition, the vendor shall verify that the person who is
15receiving delivery of the ammunition is a properly identified person
16or entity listed in subdivision (f) or one of the following:
17(1) A holder of a valid ammunition purchase permit issued
18pursuant to Section 30370.
19(2) A person who is authorized to carry loaded firearms pursuant
20to Section 25900, 25905, 25910, 25925, 26010, 26015, 26025,
or
2126030.
22(3) A holder of a special weapons permit issued by the
23department pursuant to Section 32650 or 33300, pursuant to Article
243 (commencing with Section 18900) of Chapter 1 of Division 5
25of Title 2, or pursuant to Article 4 (commencing with Section
2632700) of Chapter 6 of this division.
27(4) A holder of a current certificate of eligibility issued pursuant
28to Section 26710.
29(5) A holder of a valid entertainment firearms permit issued
30pursuant to Chapter 2 (commencing with Section 29500) of
31Division 8.
32(6) If a person is not the holder of an ammunition purchase
33permit because he or she is not a resident of this state, then pursuant
34to
procedures prescribed by the department, the person presents
35documentation to the vendor that shows that the person would not
36be prohibited from acquiring or possessing ammunition within this
37state.
38(e) Commencing July 1, 2017, the vendor shall verify that the
39ammunition purchase permit is valid by contacting the department
40for each ammunition transaction, in a manner prescribed by the
P13 1department. The department shall conduct an instantaneous
2background check to determine if the permitee is prohibited from
3possessing ammunition. The department shall approve or deny the
4transaction on the basis of the background check and shall inform
5the vendor.
6(f) Subdivisions (a) and (e) shall not apply to or affect sales or
7other transfers of ownership of ammunition by ammunition vendors
8to
any of the following, if properly identified:
9(1) A person licensed pursuant to Sections 26700 to 26915,
10inclusive.
11(2) An ammunition vendor.
12(3) A person who is on the centralized list maintained by the
13department pursuant to Article 6 (commencing with Section 28450)
14of Chapter 6 of Division 6 of this title.
15(4) A target facility that holds a business or regulatory license.
16(5) A gunsmith.
17(6) A wholesaler.
18(7) A manufacturer or importer of firearms or ammunition
19licensed
pursuant to Chapter 44 (commencing with Section 921)
20 of Title 18 of the United States Code, and the regulations issued
21pursuant thereto.
22(8) An authorized law enforcement representative of a city,
23county, city and county, or state or federal government, if the sale
24or other transfer of ownership is for exclusive use by that
25government agency, and, prior to the sale, delivery, or transfer of
26the ammunition, written authorization from the head of the agency
27authorizing the transaction is presented to the person from whom
28the purchase, delivery, or transfer is being made. Proper written
29authorization is defined as verifiable written certification from the
30head of the agency by which the purchaser, transferee, or person
31otherwise acquiring ownership is employed, identifying the
32employee as an individual authorized to conduct the transaction,
33and
authorizing the transaction for the exclusive use of the agency
34by which that individual is employed.
Section 30365 of the Penal Code is amended to read:
(a) A violation of subdivision (b) of Section 30345,
37Section 30347, 30350, 30352, 30355, 30360, or 30362 is a
38misdemeanor.
39(b) The provisions of this section are cumulative, and shall not
40be construed as restricting the application of any other law.
P14 1However, an act or omission punishable in different ways by
2different provisions of law shall not be punished under more than
3one provision.
Article 4 (commencing with Section 30370) is added
5to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code,
6to read:
7
(a) (1) Commencing on January 1, 2017, any person
11who is a resident of this state and who is 18 years of age or older
12may apply to the department for an ammunition purchase permit,
13in a format to be prescribed by the department.
14(2) The ammunition purchase permit shall entitle the
15permitholder to purchase or otherwise acquire ownership of
16ammunition from an ammunition vendor as that term is defined
17in Section 16663 and shall have no other force or effect.
18(b) The department shall issue an ammunition purchase permit
19to the applicant if all of the following conditions are met:
20(1) The applicant is 18 years of age or older.
21(2) The applicant is not prohibited from acquiring or possessing
22ammunition by the laws of this state.
23(3) The applicant pays the fees set forth in subdivision (i).
24(c) (1) Upon receipt of an initial or renewal application, the
25department shall examine its records and is authorized to request
26records from the State Department of State Hospitals, pursuant to
27Section 8104 of the Welfare and Institutions Code, and if
28authorized, the National Instant Criminal Background Check
29System, as described in Section 922(t) of Title 18 of the United
30States Code, in order to determine if the applicant is prohibited
31 from possessing or acquiring ammunition.
32(2) The applicant shall be approved or denied within 30 days
33of the date of the application. If the application is denied, the
34department shall state the reasons for doing so and provide the
35applicant an appeal process to challenge that denial.
36(d) The ammunition purchase permit shall be valid for five years
37from the date of issuance.
38(e) The department shall send a notice of the expiration of an
39ammunition purchase permit, by first-class mail or other means
40that are equivalent, including electronic mail, to the address of the
P15 1person as shown by the records of the department, not less than
290 days before the expiration date, and shall enclose or contain a
3form for the renewal of the
permit.
4(f) The ammunition purchase permit shall be revoked by the
5department upon the occurrence of any event which would have
6disqualified the holder from being issued the ammunition purchase
7permit pursuant to this section.
8(g) The ammunition purchase permit shall be in a tamper-proof
9form prescribed by the department and shall include the name,
10address, photograph, date of birth, a unique identifying number,
11expiration date from the date of issuance, physical characteristics,
12including the height, weight, eye color, and hair color of the
13permitholder, and other information that may be prescribed by the
14department.
15(h) The department shall recover the reasonable cost of
16administering this section by charging
applicants an initial
17application and a renewal application fee.
18(i) All fees received pursuant to this section shall be deposited
19into the Dealer’s Record of Sale Special Account of the General
20Fund.
21(j) The implementation of this section by the department is
22exempt from the Administrative Procedure Act (Chapter 3.5
23(commencing with Section 11340) of Part 1 of Division 3 of Title
242 of the Government Code).
25(k) The department shall annually review and shall adjust the
26fees specified in subdivision (h), if necessary, to fully fund, but
27not to exceed the reasonable costs of, the permit program provided
28by this section, including the enforcement of this program.
29(l) The Attorney General is authorized to adopt regulations to
30implement the provisions of this section.
Article 5 (commencing with Section 30380) is added
32to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code,
33to read:
34
(a) Commencing July 1, 2014, no ammunition vendor
38shall sell or otherwise transfer ownership of ammunition unless
39the vendor is licensed pursuant to Section 30385.
40(b) A violation of this section is a misdemeanor.
(a) The Department of Justice is authorized to issue
2ammunition vendor licenses pursuant to this article. The department
3shall, commencing March 1, 2014, commence accepting
4applications for ammunition vendor licenses. The department shall
5issue a license or deny the application for a license within 30 days
6of receipt of the application. If the application is denied, the
7department shall inform the applicant of the reason for denial in
8writing.
9(b) The ammunition vendor license shall be issued in a form
10prescribed by the Attorney General and shall be valid for a period
11of one year. The Attorney General may adopt regulations to
12administer application and
enforcement provisions of this article.
(a) The department may charge ammunition vendor
14license applicants a fee sufficient to reimburse the department for
15the reasonable costs of administering the license program,
16maintaining the registry of ammunition vendors, and necessary
17enforcement, provided however, that the fee shall not exceed fifty
18dollars ($50).
19(b) The fees received by the department pursuant to this article
20shall be deposited in the Dealers’ Record of Sale Account of the
21General Fund.
(a) The department shall issue ammunition vendor
23licenses pursuant to this article to the following applicants:
24(1) A licensed firearms dealer.
25(2) Persons on the centralized list maintained by the department
26pursuant to Section 28450.
27(3) A target facility holding a business or other regulatory
28license.
29(4) A gunsmith.
30(5) A firearms wholesaler.
31(6) A
manufacturer or importer of firearms or ammunition
32licensed pursuant to Chapter 44 (commencing with Section 921)
33of Title 18 of the United States Code, and the regulations issued
34pursuant thereto.
35(b) The department shall keep a registry of all licensed
36ammunition vendors. No ammunition vendor shall sell or transfer
37ownership of ammunition unless listed on the registry.
38(c) The department may remove an ammunition vendor from
39the registry for a violation of this article or a violation of Article
P17 13 (commencing with Section 30345) for a period not to exceed six
2months.
3(d) The department shall revoke the license of any ammunition
4vendor who violates this article or Article 3 (commencing with
5Section 30345) in any combination
three times. The ammunition
6vendor shall thereafter be permanently ineligible for an ammunition
7vendor license.
(a) The Attorney General shall prepare and submit to
9the Legislature on or before January 1, 2016, a report concerning
10all of the following:
11(1) Recommendations for a clear and succinct general procedure
12whereby a system may be instituted for instantaneous background
13checks that can be conducted for all persons attempting to purchase
14ammunition.
15(2) The feasibility of integration of that system into the current
16firearm registration system.
17(3) The feasibility and costs of creating that type of background
18check system.
19(4) The overall costs of creating and maintaining, and the costs
20to individuals of using, that system.
21(5) The effect of the system on overall efforts by the Department
22of Justice in terms of information and computerized upgrades that
23the department is currently undertaking.
24(6) Recommendations for any specific statutory changes
25necessary to implement the system, if any.
26(b) The report required by subdivision (a) shall be submitted
27pursuant to Section 9795 of the Government Code.
28(c) It is the intent of the Legislature to provide the Department
29of Justice with sufficient flexibility to develop an
instantaneous
30background check system. The Legislature recognizes that the
31Department may develop an alternative system than the one
32prescribed by this measure. If that is the case, the Legislature may
33review that system and enact legislation accordingly.
No reimbursement is required by this act pursuant to
35Section 6 of Article XIII B of the California Constitution because
36the only costs that may be incurred by a local agency or school
37district will be incurred because this act creates a new crime or
38infraction, eliminates a crime or infraction, or changes the penalty
39for a crime or infraction, within the meaning of Section 17556 of
40the Government Code, or changes the definition of a crime within
P18 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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