Today's Law As Amended

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AB-425 Firearms: ammunition sales.(2019-2020)



SEC. 2.SECTION 1.

 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” means the chief of police or director of public safety for a police department, the sheriff for a county sheriff’s office, or the head of any federal, state, or local law enforcement department or agency or their designee. “Head of the agency” shall also include the lead procurement officer for an ammunition purchase contract, the head of procurement for the department or agency, or the person in charge of any local field office of a state or federal law enforcement department or 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 employment.
(14) A person employed by a public forensic laboratory who purchases, receives, or transfers ammunition for use in the normal course and scope of laboratory operations.
(d) (1) A licensed ammunition vendor who sells, delivers, or transfers ammunition to a person licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code who is described in paragraph (4), (5), or (6) of subdivision (c) may accept an identification document, or copy of the document, that meets the requirements of Section 16300 of the Penal Code as verification of the person’s identity, and may accept as prima facie evidence of valid licensure a photocopy or other facsimile of either the person’s federal firearms license or a Listing Acknowledgment Letter issued by the Department of Justice indicating that the individual is on the centralized list of exempted federal firearms licensees.
(2) An ammunition vendor who relies on documents described in paragraph (1) as valid is not liable if the documentation is later determined not to be valid.
(3) A purchaser or other transferee of ammunition from a licensed ammunition vendor shall not knowingly submit invalid documents as proof of current licensure.
(d) (e)  A violation of this section is a misdemeanor.

SEC. 3.SEC. 2.

 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 is first  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 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 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. 3.

 Section 30352 of the Penal Code is amended to read:

30352.
 (a) Commencing July 1, 2019, an  An  ammunition vendor shall not sell or otherwise transfer ownership of any ammunition without, at the time of delivery, legibly recording the following information on a form to be prescribed by the Department of Justice:
(1) The date of the sale or other transfer.
(2) The purchaser's purchaser’s  or transferee's driver's transferee’s driver’s  license or other identification number and the state in which it was issued.
(3) The brand, type, and amount of ammunition sold or otherwise transferred.
(4) The purchaser's purchaser’s  or transferee's transferee’s  full name and signature.
(5) The name of the salesperson who processed the sale or other transaction.
(6) The purchaser's purchaser’s  or transferee's transferee’s  full residential address and telephone number.
(7) The purchaser's purchaser’s  or transferee's transferee’s  date of birth.
(b) Commencing July 1, 2019, an  An  ammunition vendor shall electronically submit to the department the information required by subdivision (a) for all sales and transfers of ownership of ammunition. The department shall retain this information in a database to be known as the Ammunition Purchase Records File. This information shall remain confidential and may be used by the department and those entities specified in, and pursuant to, subdivision (b) or (c) of Section 11105, through the California Law Enforcement Telecommunications System, only for law enforcement purposes. The ammunition vendor shall not use, sell, disclose, or share the information for any other purpose other than the submission required by this subdivision without the express written consent of the purchaser or transferee.
(c) Commencing on July 1, 2019, only  Only  those persons listed in this subdivision, or those persons or entities listed in subdivision (e), shall be  are  authorized to purchase ammunition. Prior to delivering any ammunition, an ammunition vendor shall require bona fide evidence of identity to verify that the person who is receiving delivery of the ammunition is a person or entity listed in subdivision (e) or one of the following:
(1) A person authorized to purchase ammunition pursuant to Section 30370.
(2) A person who was approved by the department to receive a firearm from the ammunition vendor, pursuant to Section 28220, if that vendor is a licensed firearms dealer, and the ammunition is delivered to the person in the same transaction as the firearm.
(d) Commencing July 1, 2019, the  An  ammunition vendor shall verify with the department, in a manner prescribed by the department, that the person is authorized to purchase ammunition. If the person is not listed as an authorized ammunition purchaser, the vendor shall deny the sale or transfer.
(e) Subdivisions (a) and (d) shall not apply to sales or other transfers of ownership of ammunition by ammunition vendors to any of the following, if properly identified:
(1) An ammunition vendor.
(2) A person who is on the centralized list of exempted federal firearms licensees maintained by the department pursuant to Article 6 (commencing with Section 28450) of Chapter 6 of Division 6.
(3) 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. 
(4) A gunsmith.
(5) A wholesaler.
(6) A manufacturer or importer of firearms or ammunition licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and the regulations issued pursuant thereto.
(7) An authorized law enforcement representative of a city, county, city and county, or state or federal government, if the sale or other transfer of ownership is for exclusive use by that government agency, and, prior to the sale, delivery, or transfer of the handgun ammunition, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made. Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, transferee, or person otherwise acquiring ownership is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which that individual is employed. As used in this paragraph, “head of the agency” has the same meaning as in subdivision (c) of Section 30312. 
(8) (A) A properly identified sworn peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, or properly identified sworn federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer's officer’s  duties.
(B) (i) Proper identification is defined as verifiable written certification from the head of the agency by which the purchaser or transferee is employed, identifying the purchaser or transferee as a full-time paid peace officer who is authorized to carry a firearm in the course and scope of the officer's officer’s  duties.
(ii) The certification shall be delivered to the vendor at the time of purchase or transfer and the purchaser or transferee shall provide bona fide evidence of identity to verify that he or she is  they are  the person authorized in the certification.
(iii) The vendor shall keep the certification with the record of sale and submit the certification to the department.
(9) A sheriff’s or police security officer, as described in subdivision (a) of Section 831.4.
(10) (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 employment.
(11) A person employed by a public forensic laboratory who purchases, receives, or transfers ammunition for use in the normal course and scope of laboratory operations.
(f) The department is authorized to adopt regulations to implement the provisions of this section.
SEC. 4.
 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.
SEC. 5.
 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.