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



Current Version: 05/20/19 - Amended Assembly        


AB425:v98#DOCUMENT

Amended  IN  Assembly  May 20, 2019

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 30314, and 30352 of the Penal Code, relating to firearms, and declaring the urgency thereof, to take effect immediately.


LEGISLATIVE COUNSEL'S DIGEST


AB 425, as amended, 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 from that requirement 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. Existing law also exempts from that requirement the sale, delivery, or transfer of ammunition to a person who is federally licensed as a firearms dealer or collector of firearms, as specified. A violation of this provision requirement 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 public 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.
The bill would specify the documentation that a vendor may accept as proof that a person is exempted as a federally licensed dealer or collector of firearms. The bill would prohibit a purchaser or other transferee from submitting invalid documentation for this purpose. By expanding the scope of an existing crime, the bill would impose a state-mandated local program.
(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 is first 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. By exempting additional persons from the requirements set forth in the initiative statute, this bill would amend Proposition 63.

(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.

(3) The bill would make other conforming and clarifying changes.
(4) 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.

(4)

(5)  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: NOYES  

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 1.

 Section 30312 of the Penal Code is amended to read:

30312.
 (a) (1) 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) The sale, delivery, or transfer of ownership of ammunition by any party 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) 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 head person in charge of any local field office of the agency, 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.
(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.
(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.
(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.
(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.
(8) An ammunition vendor.
(9) A consultant-evaluator.
(10) A person who purchases or receives ammunition at a target facility holding a business or other regulatory license, provided that the ammunition is kept within the premises of the facility at all times.
(11) A person who purchases or receives ammunition from a spouse, registered domestic partner, or immediate family member as defined in Section 16720.
(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 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) 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)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. 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 or transferee's driver's purchaser’s or 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 or transferee's purchaser’s or transferee’s full name and signature.
(5) The name of the salesperson who processed the sale or other transaction.
(6) The purchaser's or transferee's purchaser’s or transferee’s full residential address and telephone number.
(7) The purchaser's or transferee's purchaser’s or 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. 4.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.