CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill No. 425

Introduced by Assembly Member Cooley

February 07, 2019

An act to amend Sections 28475, 30312, and 30314 of the Penal Code, relating to firearms, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 425, as introduced, Cooley. Firearms: ammunition sales.
(1) Existing law, as amended by the Safety for All Act of 2016, an initiative statute approved by voters as Proposition 63 at the November 8, 2016, statewide general election, requires the sale of ammunition to be conducted by or processed through a licensed ammunition vendor. Existing law exempts the sale, delivery, or transfer of ammunition to specified individuals, including a sworn peace officer or sworn federal law enforcement officer who is authorized to carry a firearm in the course and scope of the officer’s duties, and a representative of a law enforcement agency, with written authorization from the head of the agency, purchasing ammunition for the exclusive use of the agency. A violation of this provision is a misdemeanor. Proposition 63 allows its provisions to be amended by a vote of 55% of the Legislature so long as the amendments are consistent with, and further the intent of, the act.
The bill would exempt from the above-described ammunition purchasing requirement a licensed private patrol operator or an agent or employee of the private patrol operator, a person registered as a security guard or security patrolperson who also holds a valid firearm permit issued by the Bureau of Security and Investigative Services of the Department of Consumer Affairs, who purchases or receives ammunition for use in the normal course and scope of his or her employment, and a sheriff’s or police security officer. The bill would also exempt from the above-described ammunition purchasing requirement a person employed by a forensic laboratory who purchases, receives, or transfers ammunition for use in the normal course and scope of laboratory operations.
The bill would also, for purposes of the written authorization for a law enforcement representative to purchase ammunition for an agency, identify individuals who are deemed to be the head of the agency under specified circumstances.
(2) Existing law, as added by the Safety for All Act of 2016, approved by voters as Proposition 63 at the November 8, 2016, statewide general election, also prohibits a resident of this state from bringing or transporting into the state any ammunition that he or she purchased or otherwise obtained from outside of this state unless he or she first has that ammunition delivered to a licensed ammunition vendor, as specified. Existing law exempts specified individuals from this ammunition transport and delivery requirement, including a sworn peace officer or sworn federal law enforcement officer who is authorized to carry a firearm in the course and scope of the officer’s duties. A violation of this provision is an infraction for any first time offense, and either an infraction or a misdemeanor for a subsequent offense. Proposition 63 allows its provisions to be amended by a vote of 55% of the Legislature so long as the amendments are consistent with, and further the intent of, the act.
This bill would exempt from the above-described ammunition transport and delivery requirement a licensed private patrol operator or an agent or employee of the private patrol operator, a registered security guard or security patrolperson who also holds a valid firearm permit issued by the Bureau of Security and Investigative Services of the Department of Consumer Affairs, as specified.
(3) Existing law requires the Department of Justice to keep a centralized list of persons who identify themselves as being licensed under applicable federal law as a dealer, importer, or manufacturer of firearms whose licensed premises are within this state and who declare exemption from specified state licensing requirements. Existing law requires the department to make information compiled from the list available for requests from law enforcement agencies and specified local licensing authorities, and when the information is requested by a federal firearms licensee for determining the validity of the license for firearm shipments.
The bill would additionally require the department to make that information available when the information is requested by a licensed ammunition vendor to determine the validity of the license for an ammunition sale.
(4)  This bill would declare that it is to take effect immediately as an urgency statute.
Vote: 2/3   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 28475 of the Penal Code is amended to read:

28475.
 Information compiled from the list described in Section 28450 shall be made available for the following purposes:
(a) Requests from local, state, and federal law enforcement agencies and the duly constituted city, county, and city and county licensing authorities.
(b) When the information is requested by a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code for determining the validity of the license for firearm shipments.
(c) When the information is requested by a licensed ammunition vendor to determine the validity of the license for an ammunition sale.

SEC. 2.

 Section 30312 of the Penal Code is amended to read:

30312.
 (a) (1) Commencing January 1, 2018, the The sale of ammunition by any party shall be conducted by or processed through a licensed ammunition vendor.
(2) When neither party to an ammunition sale is a licensed ammunition vendor, the seller shall deliver the ammunition to a vendor to process the transaction. The ammunition vendor shall promptly and properly deliver the ammunition to the purchaser, if the sale is not prohibited, as if the ammunition were the vendor’s own merchandise. If the ammunition vendor cannot legally deliver the ammunition to the purchaser, the vendor shall forthwith return the ammunition to the seller. The ammunition vendor may charge the purchaser an administrative fee to process the transaction, in an amount to be set by the Department of Justice, in addition to any applicable fees that may be charged pursuant to the provisions of this title.
(b) Commencing January 1, 2018, the The sale, delivery, or transfer of ownership of ammunition by any party may shall only occur in a face-to-face transaction with the seller, deliverer, or transferor, provided, however, that ammunition may be purchased or acquired over the Internet or through other means of remote ordering if a licensed ammunition vendor initially receives the ammunition and processes the transaction in compliance with this section and Article 3 (commencing with Section 30342) of Chapter 1 of Division 10 of Title 4 of this part.
(c) Subdivisions (a) and (b) shall do not apply to 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. For purposes of this paragraph, “head of the agency” shall include the lead procurement officer for an ammunition purchase contract, the head of procurement for the agency, or the head of any local field office of the agency, provided that the authorization is written on the official letterhead of the agency and provides a telephone number or other means of verifying its authenticity.
(2) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer’s duties.
(3) A sheriff’s or police security officer, as described in subdivision (a) of Section 831.4.

(3)

(4) 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)

(5) A person who is on the centralized list of exempted federal firearms licensees maintained by the Department of Justice pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6 of this title.

(5)

(6) 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)

(7) 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)

(8) An ammunition vendor.

(8)

(9) A consultant-evaluator.

(9)

(10) A person who purchases or receives ammunition at a target facility holding a business or other regulatory license, provided that the ammunition is at all times kept within the facility’s premises. premises of the facility at all times.

(10)

(11) A person who purchases or receives ammunition from a spouse, registered domestic partner, or immediate family member as defined in Section 16720.

(11)

(12) A person enrolled in the basic training academy for peace officers or any other course certified by the Commission on Peace Officer Standards and Training, an instructor of the academy or course, or a staff member of the academy or entity providing the course, who is purchasing the ammunition for the purpose of participation or use in the course.
(13) (A) A private patrol operator licensed by the Bureau of Security and Investigative Services of the Department of Consumer Affairs, or an agent or employee thereof, who purchases or receives ammunition for use in the normal course and scope of business.
(B) A person registered as a security guard or patrolperson by the Bureau of Security and Investigative Services of the Department of Consumer Affairs, who holds a valid firearm permit issued pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code and who purchases or receives ammunition for use in the normal course and scope of his or her employment.
(14) A person employed by a forensic laboratory who purchases, receives, or transfers ammunition for use in the normal course and scope of laboratory operations.
(d) A violation of this section is a misdemeanor.

SEC. 3.

 Section 30314 of the Penal Code is amended to read:

30314.
 (a) Commencing January 1, 2018, a A resident of this state shall not bring or transport into this state any ammunition that he or she purchased or otherwise obtained from outside of this state unless he or she first has that ammunition delivered to a licensed ammunition vendor for delivery to that resident pursuant to the procedures set forth in Section 30312.
(b) Subdivision (a) does not apply to any of the following:
(1) An ammunition vendor.
(2) A sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or sworn federal law enforcement officer, 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 of exempted federal firearms licensees maintained by the Department of Justice pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6.
(5) 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.
(6) A person who acquired the ammunition from a spouse, registered domestic partner, or immediate family member as defined in Section 16720.
(7) (A) A private patrol operator licensed by the Bureau of Security and Investigative Services of the Department of Consumer Affairs, or an agent or employee thereof, who purchases or receives ammunition for use in the normal course and scope of business.
(8) A person registered as a security guard or patrolperson by the Bureau of Security and Investigative Services of the Department of Consumer Affairs, who holds a valid firearm permit issued pursuant to Chapter 11.5 (commencing with Section 7580) of Division 3 of the Business and Professions Code and who purchases or receives ammunition for use in the normal course and scope of his or her employment.
(c) A violation of this section is an infraction for any first time offense, and either an infraction or a misdemeanor for any subsequent offense.

SEC. 4.

  This act is an urgency statute necessary for the immediate preservation of the public peace, health, or safety within the meaning of Article IV of the California Constitution and shall go into immediate effect. The facts constituting the necessity are:
In order to make clarifying changes to existing law and not unduly delay law enforcement purchases of ammunition, it is necessary for this act to take effect immediately.