BILL NUMBER: AB 48 AMENDED
BILL TEXT
AMENDED IN SENATE AUGUST 12, 2013
AMENDED IN SENATE JULY 9, 2013
AMENDED IN SENATE JUNE 24, 2013
AMENDED IN ASSEMBLY MAY 24, 2013
AMENDED IN ASSEMBLY MAY 7, 2013
AMENDED IN ASSEMBLY APRIL 4, 2013
AMENDED IN ASSEMBLY FEBRUARY 4, 2013
INTRODUCED BY Assembly Member Skinner
(Coauthors: Assembly Members Alejo, Ammiano, Bloom, Bonta, Ting,
and Williams)
(Coauthors: Senators De León and Hancock)
DECEMBER 20, 2012
An act to amend Section 32310 of, and to add Sections 30367 and
32311 to, the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
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 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 6,000 rounds of ammunition within a
5-day 7 -day period, as
specified. The bill would make this requirement operative only
if SB 53 of the 2013-14 Regular Session is enacted and becomes
operative.
(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 1. Section 30367 is added to the Penal Code, to read:
30367. (a) The Department of Justice shall alert local law
enforcement entities in the city, county, or city and county in which
the purchaser resides if the purchaser obtains more than
3,000 6,000 rounds of ammunition within a
five-day seven -day period
and the purchaser is an individual and not an ammunition vendor.
(b) Subdivision (a) does not apply to or affect the sale of
ammunition to either of the following:
(1) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale
is for the exclusive use by that government agency and, prior to the
sale 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 his or her duties.
SEC. 2. Section 32310 of the Penal Code is amended to read:
32310. (a) Except as provided in Article 2 (commencing with
Section 32400) of this chapter and in Chapter 1 (commencing with
Section 17700) of Division 2 of Title 2, commencing January 1, 2000,
any person in this state who manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, lends, buys, or receives any
large-capacity magazine is punishable by imprisonment in a county
jail not exceeding one year or imprisonment pursuant to subdivision
(h) of Section 1170.
(b) For purposes of this section, "manufacturing" includes both
fabricating a magazine and assembling a magazine from a combination
of parts, including, but not limited to, the body, spring, follower,
and floor plate or end plate, to be a fully functioning
large-capacity magazine.
SEC. 3. Section 32311 is added to the Penal Code, to read:
32311. (a) Except as provided in Article 2 (commencing with
Section 32400) of this chapter and in Chapter 1 (commencing with
Section 17700) of Division 2 of Title 2, commencing January 1, 2014,
any person in this state who knowingly manufactures or causes to be
manufactured, imports into the state, keeps for sale, or offers or
exposes for sale, or who gives, lends, buys, or receives any large
capacity magazine conversion kit is punishable by a fine of not more
than one thousand dollars ($1,000) or imprisonment in a county jail
not to exceed six months, or by both that fine and imprisonment.
This section does not apply to a fully assembled large-capacity
magazine, which is governed by Section 32310.
(b) For purposes of this section, a "large capacity magazine
conversion kit" is a device or combination of parts of a fully
functioning large-capacity magazine, including, but not limited to,
the body, spring, follower, and floor plate or end plate, capable of
converting an ammunition feeding device into a large-capacity
magazine.
SEC. 4. Section 1 of this act shall become
operative only if Senate Bill 53 of the 2013-14 Regular Session is
enacted and becomes operative.
SEC. 4. SEC. 5. 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.