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 buy or receive a large capacity magazine or to knowingly manufacture, import, keep for sale, offer or expose for sale, or give, lend, buy, or receive any large capacity magazine conversion kit that is capable of converting an ammunition feeding device into a large-capacity magazine. 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 the Department of Justice to create the California Ammunition Database, and would require an ammunition vendor, as defined, to record specified purchaser information and the number of rounds of ammunition sold to a purchaser and report that information to the Department of Justice. The bill would require the department to immediately cross-reference the purchaser’s information with the Prohibited Armed Persons File. The bill would require the department to forward the purchaser’s information to local law enforcement through a secure means if the purchaser’s name appears in the file.
end deleteThis bill would require the Department of Justice to alert local law enforcement entities in the city, county, or city and county in which a purchaser resides if the purchaser obtains more than 3,000 rounds of ammunition within a 5-day period, as specified.begin delete The bill would make these provisions inoperative until there are sufficient funds in the Ammunition Vendor’s Special Account of the General Fund, which this bill would create, and the department creates the California Ammunition Database. The bill would require the department to provide written notice to ammunition vendors that the database is operational and would require compliance by ammunition vendors as of 30 days after being notified.end delete
(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:
begin insertSection 30367 is added to the end insertbegin insertPenal Codeend insertbegin insert, to
2read:end insert
(a) The Department of Justice shall alert local law
4enforcement entities in the city, county, or city and county in which
5the purchaser resides if the purchaser obtains more than 3,000
6rounds of ammunition within a five-day period and the purchaser
7is an individual and not an ammunition vendor.
8(b) Subdivision (a) does not apply to or affect the sale of
9ammunition to either of the following:
10(1) An authorized law enforcement representative of a city,
11county, city and county, or state or federal government, if the sale
12is for the exclusive use by that government agency and, prior to
13the sale of the ammunition, written authorization from the head
14of the agency employing the purchaser or transferee is obtained
15identifying the employee as an individual
authorized to conduct
16the transaction, and authorizing the transaction for the exclusive
17use of the agency employing the individual.
18(2) A sworn peace officer, as defined in Chapter 4.5
19(commencing with Section 830) of Title 3 of Part 2 who is
20authorized to carry a firearm in the course and scope of his or her
21duties.
Section 30367 is added to the Penal Code, to
23read:
(a) The Department of Justice shall create the California
25Ammunition Database.
26(b) Commencing 30 days from the date of being notified by the
27department of the operation of the California Ammunition Database
P4 1pursuant to subdivision (e), an ammunition vendor shall record
2the purchaser information required by subdivision (a) of Section
330352 and the number of rounds of ammunition sold to the
4purchaser, and shall report that information to the department in
5a manner to be determined by the department.
6(c) Upon receipt of the information described in subdivision
7(b), the department shall immediately cross-reference the
8purchaser’s information with the Prohibited Armed Persons File.
9
If a purchaser’s name appears in the Prohibited Armed Persons
10File, the department shall forward the purchaser’s information to
11local law enforcement through a secure means.
12(d) The department shall also alert local law enforcement entities
13in the city, county, or city and county in which the purchaser
14resides if the purchaser obtains more than 3,000 rounds of
15ammunition within a five-day period and the purchaser is an
16individual and not an ammunition vendor.
17(e) This section is not effective until there are sufficient funds
18in the Ammunition Vendor’s Special Account of the General Fund,
19which is hereby created, for the department to create the California
20Ammunition Database and the department creates the database.
21At least 30 days prior to the date that the California Ammunition
22Database is operational, the department shall provide written notice
23of that fact to ammunition
vendors.
24(f) Subdivisions (b), (c), and (d) do not apply to or affect the
25sale of ammunition to any of the following:
26(1) An authorized law enforcement representative of a city,
27county, city and county, or state or federal government, if the sale
28is for the exclusive use by that government agency and, prior to
29the sale of the ammunition, written authorization from the head of
30the agency employing the purchaser or transferee is obtained
31identifying the employee as an individual authorized to conduct
32the transaction, and authorizing the transaction for the exclusive
33use of the agency employing the individual.
34(2) A sworn peace officer, as defined in Chapter 4.5
35(commencing with Section 830) of Title 3 of Part 2 who is
36authorized to carry a firearm in the course and scope of his or her
37duties.
38(3) An ammunition vendor.
39(g) For purposes of this section, the following definitions apply:
P5 1(1) As used in this section, “ammunition vendor” means any
2person, firm, corporation, dealer, or any other business enterprise
3that is engaged in the retail sale of any ammunition, including, but
4not limited to, handgun ammunition, or that holds itself out as
5engaged in the business of selling any ammunition.
6(2) “Ammunition” does not include blanks.
Section 32310 of the Penal Code is amended to read:
(a) Except as provided in Article 2 (commencing with
9Section 32400) of this chapter and in Chapter 1 (commencing with
10Section 17700) of Division 2 of Title 2, commencing January 1,
112000, any person in this state who manufactures or causes to be
12manufactured, imports into the state, keeps for sale, or offers or
13exposes for sale, or who gives, lends, buys, or receives any
14large-capacity magazine is punishable by imprisonment in a county
15jail not exceeding one year or imprisonment pursuant to subdivision
16(h) of Section 1170.
17(b) For purposes of this section, “manufacturing” includes both
18fabricating a magazine and assembling a magazine from a
19combination of parts, including, but not
limited to, the body, spring,
20follower, and floor plate or end plate, to be a fully functioning
21large-capacity magazine.
Section 32311 is added to the Penal Code, to read:
(a) Except as provided in Article 2 (commencing with
24Section 32400) of this chapter and in Chapter 1 (commencing with
25Section 17700) of Division 2 of Title 2, commencing January 1,
262014, any person in this state who knowingly manufactures or
27causes to be manufactured, imports into the state, keeps for sale,
28or offers or exposes for sale, or who gives, lends, buys, or receives
29any
large capacity magazine conversion kit is punishable by a fine
30of not more than one thousand dollars ($1,000) or imprisonment
31in a county jail not to exceed six months, or by both that fine and
32imprisonment.
33(b) For purposes of this section, a “large capacity magazine
34conversion kit” is a device or combination of parts of a fully
35functioning large-capacity magazine, including, but not limited
36to, the body, spring, follower, and floor plate or end plate, capable
37of converting an ammunition feeding device into a large-capacity
38magazine.
No reimbursement is required by this act pursuant to
40Section 6 of Article XIII B of the California Constitution because
P6 1the only costs that may be incurred by a local agency or school
2district will be incurred because this act creates a new crime or
3infraction, eliminates a crime or infraction, or changes the penalty
4for a crime or infraction, within the meaning of Section 17556 of
5the Government Code, or changes the definition of a crime within
6the meaning of Section 6 of Article XIII B of the California
7Constitution.
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