Today's Law As Amended

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SB-53 Ammunition: purchase permits.(2013-2014)



SECTION 1.

 Section 11106 of the Penal Code, as amended by Chapter 103 of the Statutes of 2014, is amended to read:

11106.
 (a) (1) In order to assist in the investigation of crime, the prosecution of civil actions by city attorneys pursuant to paragraph (3) of subdivision (b), the arrest and prosecution of criminals, and the recovery of lost, stolen, or found property, the Attorney General shall keep and properly file a complete record of all of the following:
(A) All copies of fingerprints.
(B) Copies of licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215.
(C) Information reported to the Department of Justice pursuant to Section 26225, 27875, 27920, 29180,  26225  or 29830.
(D) Dealers’ records of sales of firearms.
(E) Reports provided pursuant to Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or pursuant to any provision listed in subdivision (a) of Section 16585.
(F) Forms provided pursuant to Section 12084, as that section read prior to being repealed on January 1, 2006.
(G) Reports provided pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’ records of sales of firearms.
(H) Information provided pursuant to Section 28255.
(I) Reports of stolen, lost, found, pledged, or pawned property in any city or county of this state.
(J) Ammunition vendor license information pursuant to Article 5 (commencing with Section 30380) of Chapter 1 of Division 10 of Title 4 of Part 6.
(K) Information required by Section 30352.
(2) The Attorney General shall, upon proper application therefor, furnish the information to the officers referred to in Section 11105.
(b) (1) The Attorney General shall permanently keep and properly file and maintain all information reported to the Department of Justice pursuant to the following provisions as to firearms and maintain a registry thereof:
(A) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(B) Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(C) Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6.
(D) Any provision listed in subdivision (a) of Section 16585.
(E) Former Section 12084.
(F) Section 28255.
(G) Section 29180.
(H) (G)  Any other law.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or country), complete telephone number, occupation, sex, description, and all legal names and aliases ever used by the owner or person being loaned the particular firearm as listed on the information provided to the department on the Dealers’ Record of Sale, the Law Enforcement Firearms Transfer (LEFT), as defined in former Section 12084, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585, Section 28255 28255,  or 29180, or  any other law.
(B) The name and address of, and other information about, any person (whether a dealer or a private party) from whom the owner acquired or the person being loaned the particular firearm and when the firearm was acquired or loaned as listed on the information provided to the department on the Dealers’ Record of Sale, the LEFT, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585 or any other law.
(C) Any waiting period exemption applicable to the transaction which resulted in the owner of or the person being loaned the particular firearm acquiring or being loaned that firearm.
(D) The manufacturer’s name if stamped on the firearm, model name or number if stamped on the firearm, and, if applicable, the serial number, other number (if more than one serial number is stamped on the firearm), caliber, type of firearm, if the firearm is new or used, barrel length, and color of the firearm, or, if the firearm is not a handgun and does not have a serial number or any identification number or mark assigned to it, that shall be noted.
(3) Information in the registry referred to in this subdivision shall, upon proper application therefor, be furnished to the officers referred to in Section 11105, to a city attorney prosecuting a civil action, solely for use in prosecuting that civil action and not for any other purpose, or to the person listed in the registry as the owner or person who is listed as being loaned the particular firearm.
(4) If any person is listed in the registry as the owner of a firearm through a Dealers’ Record of Sale prior to 1979, and the person listed in the registry requests by letter that the Attorney General store and keep the record electronically, as well as in the record’s existing photographic, photostatic, or nonerasable optically stored form, the Attorney General shall do so within three working days of receipt of the request. The Attorney General shall, in writing, and as soon as practicable, notify the person requesting electronic storage of the record that the request has been honored as required by this paragraph.
(c) (1) If the conditions specified in paragraph (2) are met, any officer referred to in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 11105 may disseminate the name of the subject of the record, the number of the firearms listed in the record, and the description of any firearm, including the make, model, and caliber, from the record relating to any firearm’s sale, transfer, registration, or license record, or any information reported to the Department of Justice pursuant to any of the following:
(A) Section 26225, 27875, or 27920. 26225. 
(B) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(C) Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(D) Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6. 6 
(E) Article 2 (commencing with Section 28150) of Chapter 6 of Division 6 of Title 4 of Part 6.
(F) Article 5 (commencing with Section 30900) of Chapter 2 of Division 10 of Title 4 of Part 6.
(G) Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6.
(H) Any provision listed in subdivision (a) of Section 16585.
(2) Information may be disseminated pursuant to paragraph (1) only if all of the following conditions are satisfied:
(A) The subject of the record has been arraigned for a crime in which the victim is a person described in subdivisions (a) to (f), inclusive, of Section 6211 of the Family Code and is being prosecuted or is serving a sentence for the crime, or the subject of the record is the subject of an emergency protective order, a temporary restraining order, or an order after hearing, which is in effect and has been issued by a family court under the Domestic Violence Protection Act set forth in Division 10 (commencing with Section 6200) of the Family Code.
(B) The information is disseminated only to the victim of the crime or to the person who has obtained the emergency protective order, the temporary restraining order, or the order after hearing issued by the family court.
(C) Whenever a law enforcement officer disseminates the information authorized by this subdivision, that officer or another officer assigned to the case shall immediately provide the victim of the crime with a “Victims of Domestic Violence” card, as specified in subparagraph (H) of paragraph (9) of subdivision (c) of Section 13701.
(3) The victim or person to whom information is disseminated pursuant to this subdivision may disclose it as he or she deems necessary to protect himself or herself or another person from bodily harm by the person who is the subject of the record.
(d) (1) If the conditions specified in paragraph (2) are met, any officer referred to in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 11105 may disseminate the name of a person and the fact of any ammunition purchases by that person, based on information supplied to the Department of Justice pursuant to Section 30352.
(2) Information may be disseminated pursuant to paragraph (1) only if all of the following conditions are satisfied:
(A) The subject of the record has been arraigned for a crime in which the victim is a person described in subdivisions (a) to (f), inclusive, of Section 6211 of the Family Code and is being prosecuted or is serving a sentence for the crime, or the subject of the record is the subject of an emergency protective order, a temporary restraining order, or an order after hearing, which is in effect and has been issued by a family court under the Domestic Violence Protection Act set forth in Division 10 (commencing with Section 6200) of the Family Code.
(B) The information is disseminated only to the victim of the crime or to the person who has obtained the emergency protective order, the temporary restraining order, or the order after hearing issued by the family court.
(C) Whenever a law enforcement officer disseminates the information authorized by this subdivision, that officer or another officer assigned to the case shall immediately provide the victim of the crime with a “Victims of Domestic Violence” card, as specified in subparagraph (H) of paragraph (9) of subdivision (c) of Section 13701.
(3) The victim or person to whom information is disseminated pursuant to this subdivision may disclose it as he or she deems necessary to protect himself or herself or another person from bodily harm by the person who is the subject of the record.

SEC. 1.5.

 Section 11106 of the Penal Code, as amended by Chapter 103 of the Statutes of 2014, is amended to read:

11106.
 (a) (1) In order to assist in the investigation of crime, the prosecution of civil actions by city attorneys pursuant to paragraph (3) of subdivision (b), the arrest and prosecution of criminals, and the recovery of lost, stolen, or found property, the Attorney General shall keep and properly file a complete record of all of the following:
(A) All copies of fingerprints.
(B) Copies of licenses to carry firearms issued pursuant to Section 26150, 26155, 26170, or 26215.
(C) Information reported to the Department of Justice pursuant to Section 26225, 27875, 27920,  29180, or 29830.
(D) Dealers’ records of sales of firearms.
(E) Reports provided pursuant to Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or pursuant to any provision listed in subdivision (a) of Section 16585.
(F) Forms provided pursuant to Section 12084, as that section read prior to being repealed on January 1, 2006.
(G) Reports provided pursuant to Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’ records of sales of firearms.
(H) Information provided pursuant to Section 28255.
(I) Reports of stolen, lost, found, pledged, or pawned property in any city or county of this state.
(J) Ammunition vendor license information pursuant to Article 5 (commencing with Section 30380) of Chapter 1 of Division 10 of Title 4 of Part 6.
(K) Information required by Section 30352.
(2) The Attorney General shall, upon proper application therefor, furnish the information to the officers referred to in Section 11105.
(b) (1) The Attorney General shall permanently keep and properly file and maintain all information reported to the Department of Justice pursuant to the following provisions as to firearms and maintain a registry thereof:
(A) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(B) Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(C) Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6.
(D) Any provision listed in subdivision (a) of Section 16585.
(E) Former Section 12084.
(F) Section 28255.
(G) Section 29180.
(H) Any other law.
(2) The registry shall consist of all of the following:
(A) The name, address, identification of, place of birth (state or country), complete telephone number, occupation, sex, description, and all legal names and aliases ever used by the owner or person being loaned the particular firearm as listed on the information provided to the department on the Dealers’ Record of Sale, the Law Enforcement Firearms Transfer (LEFT), as defined in former Section 12084, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585, Section 28255 or 28255, Section  29180, or any other law.
(B) The name and address of, and other information about, any person (whether a dealer or a private party) from whom the owner acquired or the person being loaned the particular firearm and when the firearm was acquired or loaned as listed on the information provided to the department on the Dealers’ Record of Sale, the LEFT, or reports made to the department pursuant to any provision listed in subdivision (a) of Section 16585 or any other law.
(C) Any waiting period exemption applicable to the transaction which resulted in the owner of or the person being loaned the particular firearm acquiring or being loaned that firearm.
(D) The manufacturer’s name if stamped on the firearm, model name or number if stamped on the firearm, and, if applicable, the serial number, other number (if more than one serial number is stamped on the firearm), caliber, type of firearm, if the firearm is new or used, barrel length, and color of the firearm, or, if the firearm is not a handgun and does not have a serial number or any identification number or mark assigned to it, that shall be noted.
(3) Information in the registry referred to in this subdivision shall, upon proper application therefor, be furnished to the officers referred to in Section 11105, to a city attorney prosecuting a civil action, solely for use in prosecuting that civil action and not for any other purpose, or to the person listed in the registry as the owner or person who is listed as being loaned the particular firearm.
(4) If any person is listed in the registry as the owner of a firearm through a Dealers’ Record of Sale prior to 1979, and the person listed in the registry requests by letter that the Attorney General store and keep the record electronically, as well as in the record’s existing photographic, photostatic, or nonerasable optically stored form, the Attorney General shall do so within three working days of receipt of the request. The Attorney General shall, in writing, and as soon as practicable, notify the person requesting electronic storage of the record that the request has been honored as required by this paragraph.
(c) (1) If the conditions specified in paragraph (2) are met, any officer referred to in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 11105 may disseminate the name of the subject of the record, the number of the firearms listed in the record, and the description of any firearm, including the make, model, and caliber, from the record relating to any firearm’s sale, transfer, registration, or license record, or any information reported to the Department of Justice pursuant to any of the following:
(A) Section 26225, 27875, or 27920. 26225. 
(B) Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6.
(C) Article 1 (commencing with Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6.
(D) Chapter 5 (commencing with Section 28050) of Division 6 of Title 4 of Part 6. 6 
(E) Article 2 (commencing with Section 28150) of Chapter 6 of Division 6 of Title 4 of Part 6.
(F) Article 5 (commencing with Section 30900) of Chapter 2 of Division 10 of Title 4 of Part 6.
(G) Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6.
(H) Any provision listed in subdivision (a) of Section 16585.
(2) Information may be disseminated pursuant to paragraph (1) only if all of the following conditions are satisfied:
(A) The subject of the record has been arraigned for a crime in which the victim is a person described in subdivisions (a) to (f), inclusive, of Section 6211 of the Family Code and is being prosecuted or is serving a sentence for the crime, or the subject of the record is the subject of an emergency protective order, a temporary restraining order, or an order after hearing, which is in effect and has been issued by a family court under the Domestic Violence Protection Act set forth in Division 10 (commencing with Section 6200) of the Family Code.
(B) The information is disseminated only to the victim of the crime or to the person who has obtained the emergency protective order, the temporary restraining order, or the order after hearing issued by the family court.
(C) Whenever a law enforcement officer disseminates the information authorized by this subdivision, that officer or another officer assigned to the case shall immediately provide the victim of the crime with a “Victims of Domestic Violence” card, as specified in subparagraph (H) of paragraph (9) of subdivision (c) of Section 13701.
(3) The victim or person to whom information is disseminated pursuant to this subdivision may disclose it as he or she deems necessary to protect himself or herself or another person from bodily harm by the person who is the subject of the record.
(d) (1) If the conditions specified in paragraph (2) are met, any officer referred to in paragraphs (1) to (6), inclusive, of subdivision (b) of Section 11105 may disseminate the name of a person and the fact of any ammunition purchases by that person, based on information supplied to the Department of Justice pursuant to Section 30352.
(2) Information may be disseminated pursuant to paragraph (1) only if all of the following conditions are satisfied:
(A) The subject of the record has been arraigned for a crime in which the victim is a person described in subdivisions (a) to (f), inclusive, of Section 6211 of the Family Code and is being prosecuted or is serving a sentence for the crime, or the subject of the record is the subject of an emergency protective order, a temporary restraining order, or an order after hearing, which is in effect and has been issued by a family court under the Domestic Violence Protection Act set forth in Division 10 (commencing with Section 6200) of the Family Code.
(B) The information is disseminated only to the victim of the crime or to the person who has obtained the emergency protective order, the temporary restraining order, or the order after hearing issued by the family court.
(C) Whenever a law enforcement officer disseminates the information authorized by this subdivision, that officer or another officer assigned to the case shall immediately provide the victim of the crime with a “Victims of Domestic Violence” card, as specified in subparagraph (H) of paragraph (9) of subdivision (c) of Section 13701.
(3) The victim or person to whom information is disseminated pursuant to this subdivision may disclose it as he or she deems necessary to protect himself or herself or another person from bodily harm by the person who is the subject of the record.

SEC. 2.

 Section 16663 is added to the Penal Code, to read:

16663.
 (a) As used in this part, “ammunition vendor” means any person, firm, corporation, dealer, or any other business enterprise that is engaged in the retail sale of any ammunition, or that holds itself out as engaged in the business of selling any ammunition.
(b) Commencing July 1, 2016, “ammunition vendor” means any person or responsible person, as defined in Section 30385, of an entity described in subdivision (a) who has a current ammunition vendor license, pursuant to Section 30385.

SEC. 3.

 Section 17315 of the Penal Code is amended to read:

17315.
 As used in Articles 2 through 5  Article 3 (commencing with Section 30345)  of Chapter 1 of Division 10 of Title 4, “vendor” means an ammunition vendor.

SEC. 4.

 Section 30000 of the Penal Code is amended to read:

30000.
 (a) The Attorney General shall establish and maintain an online database to be known as the Prohibited Armed Persons File. The purpose of the file is to cross-reference persons who have ownership or possession of a firearm on or after January 1, 1996, as indicated by a record in the Consolidated Firearms Information System, and who, subsequent to the date of that ownership or possession of a firearm, fall within a class of persons who are prohibited from owning or possessing a firearm.
(b) Commencing July 1, 2016, the file shall also be used to cross-reference persons who acquire ammunition to determine if those persons fall within a class of persons who are prohibited from owning or possessing ammunition.
(b) (c)  The information contained in the Prohibited Armed Persons File shall only be available to those entities specified in, and pursuant to, subdivision (b) or (c) of Section 11105, through the California Law Enforcement Telecommunications System, for the purpose of determining if persons are armed and prohibited from possessing firearms. firearms or ammunition. 

SEC. 5.

 Section 30005 of the Penal Code is amended to read:

30005.
 The Prohibited Armed Persons File database shall function as follows:
(a) Upon entry into the Automated Criminal History System Department of Justice’s records  of a disposition for a conviction of any felony, a conviction for any firearms-prohibiting charge specified in Chapter 2 (commencing with Section 29800), a conviction for an offense described in Chapter 3 (commencing with Section 29900), a firearms prohibition pursuant to Section 8100 or 8103 of the Welfare and Institutions Code, or any firearms possession prohibition identified by the federal National Instant Criminal Background Check System, the Department of Justice shall determine if the subject has an entry in the Consolidated Firearms Information System indicating possession or ownership of a firearm on or after January 1, 1996, or an assault weapon registration, or a .50 BMG rifle registration.
(b) Upon an entry into any department automated information system that is used for the identification of persons who are prohibited by state or federal law from acquiring, owning, or possessing firearms, the department shall determine if the subject has an entry in the Consolidated Firearms Information System indicating ownership or possession of a firearm on or after January 1, 1996, or an assault weapon registration, or a .50 BMG rifle registration.
(c) If the department determines that, pursuant to subdivision (a) or (b), the subject has an entry in the Consolidated Firearms Information System indicating possession or ownership of a firearm on or after January 1, 1996, or an assault weapon registration, or a .50 BMG rifle registration, the following information shall be entered into the Prohibited Armed Persons File:
(1) The subject’s name.
(2) The subject’s date of birth.
(3) The subject’s physical description.
(4) Any other identifying information regarding the subject that is deemed necessary by the Attorney General.
(5) The basis of the firearms possession and ammunition  prohibition.
(6) A description of all firearms owned or possessed by the subject, as reflected by the Consolidated Firearms Information System.

SEC. 6.

 Section 30312 of the Penal Code is amended to read:

30312.
 (a) (1) Commencing January 1, 2018, 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 then 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) (a)  Commencing (1)   January 1, 2018, the sale,  The  delivery or transfer of ownership of ammunition by any party  may only occur in a face-to-face transaction with the seller, deliverer, or transferor,  deliverer or transferor being provided bona fide evidence of identity from the purchaser or other transferee,  provided, however, that ammunition may be purchased or acquired  over the Internet or through other means of remote ordering if a licensed  an  ammunition vendor in this state  initially receives the ammunition and processes the transaction transfer  in compliance with this section and Article 3 (commencing with Section 30342) of Chapter 1 of Division 10 of Title 4 of this part. 30345). An ammunition vendor is required to promptly and properly process those transactions. An ammunition vendor is not required to house ammunition orders longer than 30 days. 
(2) Commencing July 1, 2016, the sale of ammunition may only be conducted by an ammunition vendor licensed pursuant to Section 30385.
(3) For purposes of this section, “ammunition” does not include blanks.
(c) (b)  Subdivisions Subdivision  (a) and (b)  shall not apply to  to, or affect  the sale, delivery, or transfer of ammunition to 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.
(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,  2  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 of this title.
(5) 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) 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) An ammunition vendor.
(8) A consultant-evaluator.
(9) 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. participant at an event organized by a nonprofit mutual or public benefit corporation, where the sale, transfer, or delivery is by a nonprofit mutual or public benefit corporation organized pursuant to the Corporations Code, where the ammunition is to be used and consumed on the premises of an event conducted by that nonprofit or public benefit corporation, and the event is at a target range which holds a regulatory or business license. 
(10) A person who purchases or receives ammunition from a spouse, registered domestic partner, or immediate family member as defined in Section 16720. contract or common carrier or an authorized agent or employee thereof, when acting in conformance with applicable federal law. 
(11) Commencing July 1, 2016, a transaction conducted in accordance with the provisions of Section 30313.
(d) (c)  A violation of this section is a misdemeanor.

SEC. 6.5.

 Section 30313 is added to the Penal Code, to read:

30313.
 (a) Commencing July 1, 2016, the delivery or transfer of ownership of ammunition as specified in subdivision (a) of Section 30312 need not occur in a face-to-face transaction if all of the following conditions exist:
(1) The delivery is by a person who is either an ammunition vendor or is enrolled with the Department of Justice as a person who may ship firearms into California in accordance with Section 27555.
(2) The person acquiring the ammunition is a person who is properly identified as a person who currently holds a valid hunting license issued by the state.
(3) On the date that a person described in paragraph (1) ships the ammunition, a transaction record in the format set forth in subdivision (a) of Section 30352 shall be provided to the department pursuant to subdivision (b) of Section 30352.
(b) Prior to January 1, 2016, the Department of Justice shall promulgate regulations to implement the provisions of this section.

SEC. 7.

 The heading of Article 3 (commencing with Section 30345) of Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code is amended to read:

Article  3. Ammunition Vendors

SEC. 8.

 Section 30345 of the Penal Code is amended to read:

30345.
 (a)  A vendor shall comply with all of the conditions, requirements, and prohibitions stated in this article.
(b) Commencing July 1, 2016, an ammunition vendor shall be licensed by the Department of Justice in order to sell ammunition.
(c) For purposes of this article, “ammunition” does not include blanks.

SEC. 9.

 Section 30347 of the Penal Code is amended to read:

30347.
 (a) An ammunition vendor shall require any agent or employee who handles, sells, delivers, or has under his or her custody or control any ammunition, to obtain and provide to the vendor a certificate of eligibility from the Department of Justice issued pursuant to Section 26710. On the application for the certificate, the agent or employee shall provide the name and address of the ammunition vendor with whom the person is employed, or the name and California firearms dealer number of the ammunition vendor if applicable.
(b) The department shall notify the ammunition vendor in the event that the agent or employee who has a certificate of eligibility is or becomes prohibited from possessing ammunition under subdivision (a) of Section 30305 or federal law.
(c) A  An ammunition    vendor shall not permit any agent or  employee who the vendor knows or reasonably should know is a person described in Chapter 2 (commencing with Section 29800) or Chapter 3 (commencing with Section 29900) of Division 9 of this title or Section 8100 or 8103 of the Welfare and Institutions Code to handle, sell, deliver, or have under his or her custody or control, any  or deliver  ammunition in the course and scope of employment.

SEC. 10.

 Section 30348 is added to the Penal Code, to read:

30348.
 (a) Except as provided in subdivision (b), the sale of ammunition shall be conducted at the location specified in the license.
(b) A vendor may sell ammunition at a gun show or event if the gun show or event is not conducted from any motorized or towed vehicle.
(c) For purposes of this section, “gun show or event” means a function sponsored by any national, state, or local organization, devoted to the collection, competitive use, or other sporting use of firearms, or an organization or association that sponsors functions devoted to the collection, competitive use, or other sporting use of firearms in the community.
(d) Sales of ammunition at a gun show or event shall comply with Sections 30347, 30350, 30352, and 30360.

SEC. 11.

 Section 30350 of the Penal Code is amended to read:

30350.
 An ammunition  A  vendor shall not sell or otherwise transfer ownership of,  sell,  offer for sale or otherwise offer to transfer ownership of, or  sale, or  display for sale or display for transfer of ownership of  any ammunition in a manner that allows that ammunition to be accessible to a purchaser or transferee without the assistance of the vendor or an employee of the vendor.

SEC. 12.

 Section 30352 of the Penal Code is amended to read:

30352.
 (a) Commencing July 1, 2019, an ammunition  A  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: information: 
(1) The date of the sale or other transfer. sale. 
(2) The purchaser's or transferee's driver's  purchaser’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. sold. 
(4) The purchaser's or transferee's full name and signature.
(5) (4)  The name of the salesperson who processed the sale or other transaction.
(6) (5)  The purchaser's or transferee's  purchaser’s  full residential address and telephone number.
(7) (6)  The purchaser's or transferee's  purchaser’s  date of birth.
(7) The purchaser’s name.
(b) Commencing July 1, 2019, an ammunition  2016, the  vendor shall electronically  submit to the department the information required by subdivision (a) in a format and a manner prescribed by the department  for all sales and transfers  of ownership of ammunition. The department shall retain this information for five years  in a database to be known as the Ammunition Purchase Records File. This information shall remain confidential and  file  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 any legitimate  law enforcement purposes. The ammunition  purpose. The department shall also check the submitted information from vendors each day against the Prohibited Armed Persons File, as provided in subdivision (a) of Section 30000. Persons who have both purchased ammunition and who are listed in the Prohibited Armed Persons File on the day he or she purchased ammunition shall then be placed in a database to be known as the Prohibited Ammunition Purchaser File. This file may be used by the department and those entities specified in, and pursuant to, subdivision (b) or (c) of Section 11102, through the California Law Enforcement Telecommunications System, for the purpose of determining if persons are armed and prohibited from possessing firearms and ammunition. The  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. share any of the information required by subdivision (a) for any reason other than for authorized law enforcement purposes. 
(c) Commencing on July 1, 2019, only those persons listed in this subdivision, or those persons or entities listed in subdivision (e), shall be 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 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) (c)  Subdivisions Subdivision  (a) and (d)  shall not apply to or affect  sales or other transfers of ownership of ammunition by ammunition vendors to any of the following, if properly identified:
(1) A person licensed pursuant to Sections 26700 to 26915, inclusive.
(1) (2)  An ammunition vendor.
(2) (3)  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. 6 of this title. 
(3) (4)  A person who purchases or receives ammunition at a target facility holding  target facility that holds  a business or other regulatory license, provided that the ammunition is at all times kept within the facility’s premises. regulatory license. 
(4) (5)  A gunsmith.
(5) (6)  A wholesaler.
(6) (7)  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) (8)  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.
(8) (9)  (A) The  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   Department of Justice, any police department, any sheriff’s official, any marshal’s office, the Youth and Adult Correctional Agency, the Department of the California Highway Patrol, any district attorney’s office, any  federal law enforcement officer, who is authorized to carry a firearm in the course and scope of the officer's duties. agency or the military or naval forces of this state or of the United States for use in the discharge of their official duties, and sworn members of these agencies. 
(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 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 the person authorized in the certification.
(iii) (10)  The vendor shall keep the certification with the record of sale and submit the certification to the department. Any peace officer of any federal, state, county, city and county, or city agency that is charged with the enforcement of any law. 
(f) The department is authorized to adopt regulations to implement the provisions of this section.

SEC. 13.

 Section 30355 of the Penal Code is repealed.

30355.
 Commencing February 1, 2011, the records required by this article shall be maintained on the premises of the vendor for a period of not less than five years from the date of the recorded transfer.

SEC. 14.

 Section 30365 of the Penal Code is amended to read:

30365.
 (a) A violation of Section 30352, 30355,  subdivision (b) of Section 30345, Section 30347, 30350, 30352,  30360, or 30362 is a misdemeanor.
(b) The provisions of this section are cumulative, and shall not be construed as restricting the application of any other law. However, an act or omission punishable in different ways by different provisions of law shall not be punished under more than one provision.

SEC. 14.5.

 Section 30367 is added to the Penal Code, to read:

30367.
 Notwithstanding subdivision (b) of Section 28300, the revenue in the Firearms Safety and Enforcement Special Fund shall be available upon appropriation to the Department of Justice for purposes of implementing this article.

SEC. 15.

 Article 5 (commencing with Section 30380) is added to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, to read:

Article  5. Ammunition Vendor Licenses
30380.
 (a) Commencing July 1, 2016, no ammunition vendor shall sell ammunition unless the vendor is licensed pursuant to Section 30385.
(b) A violation of this section is a misdemeanor.
(c) For purposes of this article, “ammunition” does not include blanks.
30385.
 (a) The Department of Justice is authorized to issue ammunition vendor licenses pursuant to this article. The department shall, commencing January 1, 2016, commence accepting applications for ammunition vendor licenses. The department shall issue a license or deny the application for a license within 30 days of receipt of the application. If the application is denied, the department shall inform the applicant of the reason for denial in writing.
(b) The ammunition vendor license shall be issued in a form prescribed by the Attorney General and shall be valid for a period of one year. The Attorney General may adopt regulations to administer application and enforcement provisions of this article. The license shall allow the licensee to sell ammunition from a fixed location and at any place set forth in subdivision (b) of Section 30348.
(c) (1) In the case of an entity other than a natural person, the department shall issue the license to the business entity, but shall require a responsible person to pass the background check pursuant to Section 30395.
(2) A “responsible person” for purposes of Section 16663 and this article, means a person having the power to direct the management, policies, and practices of the business as it pertains to ammunition.
30390.
 (a) The department may charge ammunition vendor license applicants a fee sufficient to reimburse the department for the reasonable costs of administering the license program, maintaining the registry of ammunition vendors, and necessary enforcement, provided however, that the fee shall not exceed one hundred dollars ($100).
(b) The fees received by the department pursuant to this article shall be deposited in the Ammunition Vendor’s Special Account, which is hereby created. The revenue in the fund shall be available, upon appropriation by the Legislature, for use by the Department of Justice for the purpose of implementing and enforcing the provisions of this article, and for collecting and maintaining information submitted pursuant to Section 30352.
30395.
 (a) The department is authorized to issue ammunition vendor licenses to ammunition vendors who the department has determined, either as an individual or a responsible person, are not prohibited by state law from possessing, receiving, owning, or purchasing a firearm, and who provide a copy of any regulatory or business license required by local government, a valid seller’s permit issued by the State Board of Equalization, a federal firearms license if the person is federally licensed, and a certificate of eligibility issued by the department.
(b) The department shall issue ammunition vendor licenses pursuant to this article to the following applicants, who shall designate a responsible person, as necessary:
(1) A licensed firearms dealer.
(2) Persons on the centralized list maintained by the department pursuant to Section 28450.
(3) A target facility holding a business or other regulatory license.
(4) A gunsmith.
(5) A firearms 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.
(c) The department shall keep a registry of all licensed ammunition vendors.
(d) The department shall revoke the license of any ammunition vendor who violates this article or Article 3 (commencing with Section 30345) in any combination three times. The ammunition vendor shall thereafter be permanently ineligible for an ammunition vendor license.
30397.
 Notwithstanding subdivision (b) of Section 28300, the revenue in the Firearms Safety and Enforcement Special Fund shall be available upon appropriation to the Department of Justice for purposes of implementing this article.
30400.
 (a) The Attorney General shall prepare and submit to the Legislature on or before July 1, 2017, a report concerning all of the following:
(1) Recommendations for enhancements that could be made to the background check system to capture mental health records, domestic violence restraining orders, and wanted person’s information.
(2) The feasibility and costs of implementing enhancements to the background check system.
(3) The overall costs of creating and maintaining, and the costs to the individuals of using, that enhanced system.
(4) The feasibility of integrating the ammunition background check system into the current firearm registration system.
(5) The effect of the system on overall efforts by the Department of Justice in terms of information and computerized upgrades that the department is currently undertaking.
(6) Recommendations for regulation of interstate commerce, including the Internet sale of ammunition and out-of-state hunters wanting to purchase ammunition in California.
(7) Recommendations for any specific statutory changes necessary to implement the recommendations, if any.
(b) The report required by subdivision (a) shall be submitted pursuant to Section 9795 of the Government Code.
(c) It is the intent of the Legislature to implement the ammunition background check system incrementally to minimize cost burdens to the state. It is also the intent of the Legislature to provide the Department of Justice the flexibility to develop a more comprehensive background check system that includes mental health records and restraining orders. It is the intent of the Legislature that the department enforce the provisions of this chapter.
SEC. 16.
 Section 1.5 of this bill incorporates amendments to Section 11106 of the Penal Code proposed by both this bill and Senate Bill 808. It shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2015, (2) each bill amends Section 11106 of the Penal Code, and (3) this bill is enacted after Senate Bill 808, in which case Section 1 of this bill shall not become operative.
SEC. 17.
 No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution for certain costs that may be incurred by a local agency or school district because, in that regard, 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.
However, if the Commission on State Mandates determines that this act contains other costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.