AMENDED IN SENATE MAY 4, 2016

AMENDED IN SENATE AUGUST 18, 2015

AMENDED IN SENATE JULY 1, 2015

AMENDED IN SENATE JUNE 23, 2015

AMENDED IN ASSEMBLY JUNE 1, 2015

AMENDED IN ASSEMBLY APRIL 27, 2015

AMENDED IN ASSEMBLY APRIL 16, 2015

AMENDED IN ASSEMBLY MARCH 26, 2015

california legislature—2015–16 regular session

ASSEMBLY BILL No. 156

Introduced by Assembly Member Perea McCarty(Principal coauthor: Assembly Member Rendon)

(Principal coauthor: Senator De León)

January 20, 2015

An act to amend Section 39713 of, and to add Section 39713.5 to,the Health and Safety Code, relating to greenhouse gases. An act toamend Sections 11106, 16150, 17315, 30000, and 30306 of, to addSection 16151 to, to add Article 4 (commencing with Section 30355)and Article 5 (commencing with Section 30360) to Chapter 1 of Division10 of Title 4 of Part 6 of, to repeal Sections 16650, 16662, and 30312of, and to repeal and add Article 3 (commencing with Section 30345)of Chapter 1 of Division 10 of Title 4 of Part 6 of, the Penal Code,relating to ammunition.

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legislative counsel’s digest

AB 156, as amended, Perea McCarty. California Global WarmingSolutions Act of 2006: disadvantaged communities. Ammunition.

(1)  Existing law requires the Attorney General to maintain records,including, among other things, fingerprints, licenses to carry concealedfirearms, and information from firearms dealers pertaining to firearms,for purposes of assisting in the investigation of crimes and specifiedcivil actions. In regard to certain of those records, existing lawauthorizes specified peace officers to disseminate the name of the subjectof the record, the number of firearms listed in the record, the descriptionof any firearm, and other information reported to the Department ofJustice, as specified, if the subject of the record has been arraigned, isbeing prosecuted, or is serving a sentence for domestic violence or isthe subject of specified protective orders. Existing law requires the lawenforcement officer to provide a victim of domestic violence to whominformation is disseminated with a “Victims of Domestic Violence”card, and authorizes the victim or other person to whom the informationis disseminated to disclose that information as he or she deemsnecessary to protect himself, herself, or another person from bodilyharm by the person who is the subject of the record.

This bill would require the Attorney General to also maintaininformation about ammunition transactions and ammunition vendorlicenses for those purposes. This bill would similarly authorize specifiedagencies, officials, and officers to disseminate the name of a personand the fact of any ammunition purchases by that person, as specified,if the subject of the record has been arraigned, is being prosecuted, oris serving a sentence for domestic violence or is the subject of specifiedprotective orders. The bill would require the law enforcement officerto provide a victim of domestic violence to whom information isdisseminated with a “Victims of Domestic Violence” card, and wouldauthorize the victim or other person to whom the information isdisseminated to disclose that information as he or she deems necessaryto protect himself, herself, or another person from bodily harm by theperson who is the subject of the record.

By imposing new duties on local law enforcement officers, this billwould impose a state-mandated local program.

(2)  Existing law, subject to exceptions, requires that the delivery ortransfer of ownership of handgun ammunition occur only in a

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face-to-face transaction and makes a violation of this requirement acrime.

This bill would extend those provisions, subject to exceptions, to anyammunition and would reorganize those provisions.

(3)  Existing law provides that the term “vendor” for purposes ofammunition sales is a “handgun ammunition vendor” as defined forthose and other purposes.

This bill would provide that the term “vendor” for purposes ofammunition sales means “ammunition vendor” and, commencingJanuary 1, 2018, means a licensed ammunition vendor. The bill wouldprovide that commencing on January 1, 2018, only a licensedammunition vendor may sell ammunition. The bill would revise thedefinition of “ammunition” for those purposes.

(4)  Existing law establishes the Prohibited Armed Persons File, thepurpose of which is to cross-reference persons prohibited frompossessing firearms with records of firearm transactions to determineif these persons have acquired or attempted to acquire firearms. Underexisting law, a person who is prohibited from owning or possessing afirearm is prohibited from owning, possessing, or having under his orher custody or control any ammunition or reloaded ammunition.

This bill would, commencing July 1, 2019, use the Prohibited ArmedPersons File to cross-reference persons who attempt to acquireammunition, as specified, to determine if those persons are prohibitedfrom possessing ammunition.

(5)  Existing law makes it a crime for a person, corporation, or firmto provide ammunition, as specified, to an individual that the person,corporation, or firm knows or should know is prohibited from possessingor owning ammunition.

This bill would apply that prohibition to other business enterprises.The bill would make it a crime for a person, corporation, firm, or otherbusiness enterprise to provide, as specified, ammunition to an individualthat the person, corporation, firm, or other business entity knows orhas cause to believe is not the actual purchaser or transferee of theammunition, or knows or has cause to believe that the ammunition isto be sold or transferred to a person prohibited from possessing orowning ammunition.

(6)  Existing law prohibits an ammunition vendor from allowing aperson the vendor knows or should know is a person who is prohibitedfrom possessing firearms, for specified reasons, from handling, selling,or delivering handgun ammunition in the course and scope of his or

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her employment. Existing law prohibits an ammunition vendor fromselling or otherwise transferring ownership of, offering for sale orotherwise offering to transfer ownership of, or displaying for sale ordisplaying for transfer of ownership of, any handgun ammunition in amanner that allows that ammunition to be accessible to a purchaser ortransferee without the assistance of the vendor or an employee of thevendor.

This bill would extend those prohibitions to any ammunition. The billwould require that when neither party to the ammunition transactionis an ammunition dealer, the transaction be conducted by an ammunitiondealer. The bill would, subject to exceptions, require a resident bringingammunition into the state to have the ammunition delivered to anammunition dealer for delivery to the person, as specified. The billwould provide that a violation of these provisions is a crime.

(7)  Existing law, subject to exceptions, requires a handgunammunition vendor to record specified information at the time ofdelivery of handgun ammunition to a purchaser, as specified.

This bill would extend those provisions to transactions of anyammunition and would, commencing on July 1, 2019, require theammunition vendor to submit that information to the Department ofJustice, as specified. The bill would require the department to retainthe information for 2 years in a database to be known as the AmmunitionPurchase Records File and would prescribe the authority of thedepartment and other entities to use the file, as specified. The bill would,commencing on July 1, 2019, and subject to exceptions, require thepurchaser of ammunition to be authorized to purchase ammunition bythe department, as specified. The bill would require the department tocross-reference the Prohibited Armed Persons File and the AutomatedFirearms System for those transaction purposes. The bill would require,commencing on July 1, 2019, and subject to exceptions, that onlypersons listed in the Automated Firearms System, or who purchase aone-time ammunition transaction license from the department, wouldbe able to purchase ammunition. A violation of these provisions wouldbe a crime.

The bill would authorize the department to accept applications forammunition vendor licenses, commencing on July 1, 2017. The billwould require an ammunition vendor to be licensed, commencing onJanuary 1, 2018, in order to sell ammunition. The bill would create anapplication process for ammunition vendors, as specified. The bill wouldestablish the Ammunition Special Account, into which vendor license

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fees and ammunition transaction fees would be deposited and madeavailable, upon appropriation by the Legislature, to the department forpurposes of enforcing the ammunition vendor licensing and ammunitionpurchasing provisions. The bill would require the ammunition vendorto conduct business at the location specified in the license, except inthe case of gun shows or events, as specified. The bill would requireammunition sales at a gun show or event to comply with certainrequirements pertaining to ammunition transfers and recordkeeping,the violation of which is a crime.

(8)  By expanding existing crimes and creating new crimes, this billwould impose a state-mandated local program.

(9)  The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the state.Statutory provisions establish procedures for making thatreimbursement.

This bill would provide that with regard to certain mandates noreimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, ifthe Commission on State Mandates determines that the bill containscosts so mandated by the state, reimbursement for those costs shall bemade pursuant to the statutory provisions noted above.

The California Global Warming Solutions Act of 2006 designatesthe State Air Resources Board as the state agency charged withmonitoring and regulating sources of emissions of greenhouse gases.The act authorizes the state board to include the use of market-basedcompliance mechanisms. Existing law requires all moneys, except forfines and penalties, collected by the state board as part of a market-basedcompliance mechanism to be deposited in the Greenhouse GasReduction Fund and to be available upon appropriation. Existing lawrequires the California Environmental Protection Agency to identifydisadvantaged communities and requires the Department of Finance,in consultation with the state board and any other relevant state agency,to develop, as specified, a 3-year investment plan for the moneysdeposited in the Greenhouse Gas Reduction Fund. Existing law requiresthe 3-year investment plan to allocate a minimum of 25% of theavailable moneys in the fund to projects that provide benefits todisadvantaged communities.

This bill would require the state board to prepare and post on itsInternet Web site a specified report on the projects funded to benefitdisadvantaged communities.

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This bill would require the state board to establish a comprehensivetechnical assistance program, upon the appropriation of moneys fromthe Greenhouse Gas Reduction Fund, for eligible applicants, as specified,assisting eligible communities, as defined.

This bill would also require the department to include in the 3-yearinvestment plan an allocation to the state board for that technicalassistance program.

Vote: majority. Appropriation: no. Fiscal committee: yes.

State-mandated local program: no yes.

The people of the State of California do enact as follows:

line 1 SECTION 1. Section 11106 of the Penal Code is amended to line 2 read: line 3 11106. (a)  (1)  In order to assist in the investigation of crime, line 4 the prosecution of civil actions by city attorneys pursuant to line 5 paragraph (3) of subdivision (b), the arrest and prosecution of line 6 criminals, and the recovery of lost, stolen, or found property, the line 7 Attorney General shall keep and properly file a complete record line 8 of all of the following: line 9 (A)  All copies of fingerprints.

line 10 (B)  Copies of licenses to carry firearms issued pursuant to line 11 Section 26150, 26155, 26170, or 26215. line 12 (C)  Information reported to the Department of Justice pursuant line 13 to Section 26225, 27875, 27920, or 29830. line 14 (D)  Dealers’ records of sales of firearms. line 15 (E)  Reports provided pursuant to Article 1 (commencing with line 16 Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or line 17 pursuant to any provision listed in subdivision (a) of Section 16585. line 18 (F)  Forms provided pursuant to Section 12084, as that section line 19 read prior to being repealed on January 1, 2006. line 20 (G)  Reports provided pursuant to Article 1 (commencing with line 21 Section 26700) and Article 2 (commencing with Section 26800) line 22 of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’ line 23 records of sales of firearms. line 24 (H)  Information provided pursuant to Section 28255. line 25 (I)  Reports of stolen, lost, found, pledged, or pawned property line 26 in any city or county of this state.

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line 1 (J)  Ammunition vendor license information pursuant to Article line 2 3 (commencing with Section 30345) of Chapter 1 of Division 10 line 3 of Title 4 of Part 6. line 4 (K)  Information required by Section 30369. line 5 (2)  The Attorney General shall, upon proper application therefor, line 6 furnish the information to the officers referred to in Section 11105. line 7 (b)  (1)  The Attorney General shall permanently keep and line 8 properly file and maintain all information reported to the line 9 Department of Justice pursuant to the following provisions as to

line 10 firearms and maintain a registry thereof: line 11 (A)  Article 1 (commencing with Section 26700) and Article 2 line 12 (commencing with Section 26800) of Chapter 2 of Division 6 of line 13 Title 4 of Part 6. line 14 (B)  Article 1 (commencing with Section 27500) of Chapter 4 line 15 of Division 6 of Title 4 of Part 6. line 16 (C)  Chapter 5 (commencing with Section 28050) of Division 6 line 17 of Title 4 of Part 6. line 18 (D)  Any provision listed in subdivision (a) of Section 16585. line 19 (E)  Former Section 12084. line 20 (F)  Section 28255. line 21 (G)  Any other law. line 22 (2)  The registry shall consist of all of the following: line 23 (A)  The name, address, identification of, place of birth (state line 24 or country), complete telephone number, occupation, sex, line 25 description, and all legal names and aliases ever used by the owner line 26 or person being loaned the particular firearm as listed on the line 27 information provided to the department on the Dealers’ Record of line 28 Sale, the Law Enforcement Firearms Transfer (LEFT), as defined line 29 in former Section 12084, or reports made to the department line 30 pursuant to any provision listed in subdivision (a) of Section 16585, line 31 Section 28255, or any other law. line 32 (B)  The name and address of, and other information about, any line 33 person (whether person, whether a dealer or a private party) party, line 34 from whom the owner acquired or the person being loaned the line 35 particular firearm and when the firearm was acquired or loaned as line 36 listed on the information provided to the department on the Dealers’ line 37 Record of Sale, the LEFT, or reports made to the department line 38 pursuant to any provision listed in subdivision (a) of Section 16585 line 39 or any other law.

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line 1 (C)  Any waiting period exemption applicable to the transaction line 2 which resulted in the owner of or the person being loaned the line 3 particular firearm acquiring or being loaned that firearm. line 4 (D)  The manufacturer’s name if stamped on the firearm, model line 5 name or number if stamped on the firearm, and, if applicable, the line 6 serial number, other number (if if more than one serial number is line 7 stamped on the firearm), firearm, caliber, type of firearm, if the line 8 firearm is new or used, barrel length, and color of the firearm, or, line 9 if the firearm is not a handgun and does not have a serial number

line 10 or any identification number or mark assigned to it, that shall be line 11 noted. line 12 (3)  Information in the registry referred to in this subdivision line 13 shall, upon proper application therefor, be furnished to the officers line 14 referred to in Section 11105, to a city attorney prosecuting a civil line 15 action, solely for use in prosecuting that civil action and not for line 16 any other purpose, or to the person listed in the registry as the line 17 owner or person who is listed as being loaned the particular firearm. line 18 (4)  If any person is listed in the registry as the owner of a firearm line 19 through a Dealers’ Record of Sale prior to 1979, and the person line 20 listed in the registry requests by letter that the Attorney General line 21 store and keep the record electronically, as well as in the record’s line 22 existing photographic, photostatic, or nonerasable optically stored line 23 form, the Attorney General shall do so within three working days line 24 of receipt of the request. The Attorney General shall, in writing, line 25 and as soon as practicable, notify the person requesting electronic line 26 storage of the record that the request has been honored as required line 27 by this paragraph. line 28 (c)  (1)  If the conditions specified in paragraph (2) are met, any line 29 officer referred to in paragraphs (1) to (6), inclusive, of subdivision line 30 (b) of Section 11105 may disseminate the name of the subject of line 31 the record, the fact of any ammunition purchases by that person line 32 based on information supplied to the department pursuant to line 33 Section 30352, the number of the firearms listed in the record, and line 34 the description of any firearm, including the make, model, and line 35 caliber, from the record relating to any firearm’s sale, transfer, line 36 registration, or license record, or any information reported to the line 37 Department of Justice pursuant to any of the following: line 38 (A)  Section 26225, 27875, or 27920.

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line 1 (B)  Article 1 (commencing with Section 26700) and Article 2 line 2 (commencing with Section 26800) of Chapter 2 of Division 6 of line 3 Title 4 of Part 6. line 4 (C)  Article 1 (commencing with Section 27500) of Chapter 4 line 5 of Division 6 of Title 4 of Part 6. line 6 (D)  Chapter 5 (commencing with Section 28050) of Division line 7 6 of Title 4 of Part 6. line 8 (E)  Article 2 (commencing with Section 28150) of Chapter 6 line 9 of Division 6 of Title 4 of Part 6.

line 10 (F)  Article 5 (commencing with Section 30900) of Chapter 2 line 11 of Division 10 of Title 4 of Part 6. line 12 (G)  Chapter 2 (commencing with Section 33850) of Division line 13 11 of Title 4 of Part 6. line 14 (H)  Any provision listed in subdivision (a) of Section 16585. line 15 (2)  Information may be disseminated pursuant to paragraph (1) line 16 only if all of the following conditions are satisfied: line 17 (A)  The subject of the record has been arraigned for a crime in line 18 which the victim is a person described in subdivisions (a) to (f), line 19 inclusive, of Section 6211 of the Family Code and is being line 20 prosecuted or is serving a sentence for the crime, or the subject of line 21 the record is the subject of an emergency protective order, a line 22 temporary restraining order, or an order after hearing, which is in line 23 effect and has been issued by a family court under the Domestic line 24 Violence Protection Prevention Act set forth in Division 10 line 25 (commencing with Section 6200) of the Family Code. line 26 (B)  The information is disseminated only to the victim of the line 27 crime or to the person who has obtained the emergency protective line 28 order, the temporary restraining order, or the order after hearing line 29 issued by the family court. line 30 (C)  Whenever a law enforcement officer disseminates the line 31 information authorized by this subdivision, that officer or another line 32 officer assigned to the case shall immediately provide the victim line 33 of the crime with a “Victims of Domestic Violence” card, as line 34 specified in subparagraph (H) of paragraph (9) of subdivision (c) line 35 of Section 13701. line 36 (3)  The victim or person to whom information is disseminated line 37 pursuant to this subdivision may disclose it as he or she deems line 38 necessary to protect himself or herself or another person from line 39 bodily harm by the person who is the subject of the record. line 40 SEC. 2. Section 16150 of the Penal Code is amended to read:

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line 1 16150. (a)  As used in Section 30300, this part, except as line 2 specified in subdivision (b), “ammunition” means handgun line 3 ammunition as defined in Section 16650. one or more loaded line 4 cartridges consisting of a primer case, propellant, and with one line 5 or more projectiles. “Ammunition” does not include blanks. line 6 (b)  As used in subdivision (a) of Section 30305 and in Section line 7 30306, “ammunition” includes, but is not limited to, any bullet, line 8 cartridge, magazine, clip, speed loader, autoloader, or projectile line 9 capable of being fired from a firearm with a deadly consequence.

line 10 “Ammunition” does not include blanks. line 11 SEC. 3. Section 16151 is added to the Penal Code, to read: line 12 16151. Commencing January 1, 2018, as used in this part, line 13 “ammunition vendor” means any person, firm, corporation, dealer, line 14 or any other business who has a current ammunition vendor license line 15 issued pursuant to Section 30345. line 16 SEC. 4. Section 16650 of the Penal Code is repealed. line 17 16650. (a)  As used in this part, “handgun ammunition” means line 18 ammunition principally for use in pistols, revolvers, and other line 19 firearms capable of being concealed upon the person, line 20 notwithstanding that the ammunition may also be used in some line 21 rifles. line 22 (b)  As used in Section 30312 and in Article 3 (commencing line 23 with Section 30345) of Chapter 1 of Division 10 of Title 4, line 24 “handgun ammunition” does not include either of the following: line 25 (1)  Ammunition designed and intended to be used in an antique line 26 firearm. line 27 (2)  Blanks. line 28 SEC. 5. Section 16662 of the Penal Code is repealed. line 29 16662. As used in this part, “handgun ammunition vendor” line 30 means any person, firm, corporation, dealer, or any other business line 31 enterprise that is engaged in the retail sale of any handgun line 32 ammunition, or that holds itself out as engaged in the business of line 33 selling any handgun ammunition. line 34 SEC. 6. Section 17315 of the Penal Code is amended to read: line 35 17315. As used in Article 2 (commencing with Section 30300), line 36 Article 3 (commencing with Section 30345) 30345), Article 4 line 37 (commencing with Section 30355), and Article 5 (commencing line 38 with Section 30360) of Chapter 1 of Division 10 of Title 4, line 39 “vendor” means a handgun an ammunition vendor. line 40 SEC. 7. Section 30000 of the Penal Code is amended to read:

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line 1 30000. (a)  The Attorney General shall establish and maintain line 2 an online database to be known as the Prohibited Armed Persons line 3 File. The purpose of the file is to cross-reference persons who have line 4 ownership or possession of a firearm on or after January 1, 1996, line 5 as indicated by a record in the Consolidated Firearms Information line 6 System, and who, subsequent to the date of that ownership or line 7 possession of a firearm, fall within a class of persons who are line 8 prohibited from owning or possessing a firearm. line 9 (b)  Commencing July 1, 2019, the file shall also be used to

line 10 cross-reference persons who attempt to acquire ammunition to line 11 determine if those persons fall within a class of persons who are line 12 prohibited from owning or possessing ammunition. line 13 (b) line 14 (c)  The information contained in the Prohibited Armed Persons line 15 File shall only be available to those entities specified in, and line 16 pursuant to, subdivision (b) or (c) of Section 11105, through the line 17 California Law Enforcement Telecommunications System, for the line 18 purpose of determining if persons are armed and prohibited from line 19 possessing firearms. line 20 SEC. 8. Section 30306 of the Penal Code is amended to read: line 21 30306. (a)  Any person, corporation, firm, or firm other line 22 business enterprise who supplies, delivers, sells, or gives line 23 possession or control of, any ammunition to any person who he line 24 or she knows or using reasonable care should know is prohibited line 25 from owning, possessing, or having under custody or control, any line 26 ammunition or reloaded ammunition pursuant to subdivision (a) line 27 or (b) of Section 30305, is guilty of a misdemeanor, punishable line 28 by imprisonment in a county jail not exceeding one year, or a fine line 29 not exceeding one thousand dollars ($1,000), or by both that fine line 30 and imprisonment. line 31 (b)  Any person, corporation, firm, or other business enterprise line 32 who supplies, delivers, sells, or gives possession or control of, any line 33 ammunition to any person who the person, corporation, firm, or line 34 other business enterprise knows or has cause to believe is not the line 35 actual purchaser or transferee or has cause to believe is not the line 36 actual purchaser or transferee of the ammunition, with knowledge line 37 or cause to believe that the ammunition is to be subsequently sold line 38 or transferred to a person who is prohibited from owning, line 39 possessing, or having under custody or control any ammunition line 40 or reloaded ammunition pursuant to subdivision (a) or (b) of

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line 1 Section 30305, is guilty of a misdemeanor, punishable by line 2 imprisonment in a county jail not exceeding one year, or a fine line 3 not exceeding one thousand dollars ($1,000), or by both that fine line 4 and imprisonment. line 5 (b) line 6 (c)  The provisions of this section are cumulative and shall not line 7 be construed as restricting the application of any other law. line 8 However, an act or omission punishable in different ways by this line 9 section and another provision of law shall not be punished under

line 10 more than one provision. line 11 SEC. 9. Section 30312 of the Penal Code is repealed. line 12 30312. (a)  Commencing February 1, 2011, the delivery or line 13 transfer of ownership of handgun ammunition may only occur in line 14 a face-to-face transaction with the deliverer or transferor being line 15 provided bona fide evidence of identity from the purchaser or other line 16 transferee. line 17 (b)  Subdivision (a) shall not apply to or affect the sale, delivery, line 18 or transfer of handgun ammunition to any of the following: line 19 (1)  An authorized law enforcement representative of a city, line 20 county, city and county, or state or federal government, if the sale, line 21 delivery, or transfer is for exclusive use by that government agency line 22 and, prior to the sale, delivery, or transfer of the handgun line 23 ammunition, written authorization from the head of the agency line 24 employing the purchaser or transferee is obtained, identifying the line 25 employee as an individual authorized to conduct the transaction, line 26 and authorizing the transaction for the exclusive use of the agency line 27 employing the individual. line 28 (2)  A sworn peace officer, as defined in Chapter 4.5 line 29 (commencing with Section 830) of Title 3 of Part 2 who is line 30 authorized to carry a firearm in the course and scope of the officer’s line 31 duties. line 32 (3)  An importer or manufacturer of handgun ammunition or line 33 firearms who is licensed to engage in business pursuant to Chapter line 34 44 (commencing with Section 921) of Title 18 of the United States line 35 Code and the regulations issued pursuant thereto. line 36 (4)  A person who is on the centralized list maintained by the line 37 Department of Justice pursuant to Article 6 (commencing with line 38 Section 28450) of Chapter 6 of Division 6 of this title. line 39 (5)  A person whose licensed premises are outside this state and line 40 who is licensed as a dealer or collector of firearms pursuant to

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line 1 Chapter 44 (commencing with Section 921) of Title 18 of the line 2 United States Code and the regulations issued pursuant thereto. line 3 (6)  A person who is licensed as a collector of firearms pursuant line 4 to Chapter 44 (commencing with Section 921) of Title 18 of the line 5 United States Code and the regulations issued pursuant thereto, line 6 whose licensed premises are within this state, and who has a current line 7 certificate of eligibility issued by the Department of Justice line 8 pursuant to Section 26710. line 9 (7)  A handgun ammunition vendor.

line 10 (8)  A consultant-evaluator. line 11 (c)  A violation of this section is a misdemeanor. line 12 SEC. 10. Article 3 (commencing with Section 30345) of Chapter line 13 1 of Division 10 of Title 4 of Part 6 of the Penal Code is repealed. line 14 SEC. 11. Article 3 (commencing with Section 30345) is added line 15 to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, line 16 to read: line 17 line 18 Article 3. Ammunition Vendor License line 19 line 20 30345. (a)  Commencing January 1, 2018, only an ammunition line 21 vendor who is licensed by the Department of Justice shall be line 22 authorized to sell ammunition in this state, except as provided by line 23 Article 5 (commencing with Section 30360). line 24 (b)  Subdivision (a) does not apply to the sale of ammunition by line 25 any of the following: line 26 (1)  A commercial hunting club, as defined in Section 3240.5 of line 27 the Fish and Game Code, provided the ammunition is used and line 28 consumed on the licensed premises while engaged in lawful hunting line 29 activity. line 30 (2)  A domesticated game bird hunting club, pursuant to Section line 31 3270 of the Fish and Game Code, provided the ammunition is used line 32 and consumed on the licensed premises while engaged in lawful line 33 hunting activity. line 34 (3)  A domesticated migratory game bird shooting club, pursuant line 35 to Article 4 (commencing with Section 3300) of Chapter 2 of Part line 36 1 of Division 4 of the Fish and Game Code, provided the line 37 ammunition is used and consumed on the licensed premises while line 38 engaged in lawful hunting activity. line 39 (4)  A nonprofit mutual or public benefit corporation organized line 40 pursuant to the Corporations Code that engages in recreational

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line 1 shooting and lawful hunting activity provided that the ammunition line 2 is used and consumed during the shooting or hunting event line 3 conducted by that nonprofit or public benefit corporation. line 4 (5)  A target facility that holds a business or regulatory license line 5 provided that the ammunition is at all times kept within the line 6 facility’s premises and used on the premises. line 7 (6)  A person who sells no more than 50 rounds of ammunition line 8 to one vendor in one month or cumulatively sells no more than line 9 250 rounds per year to vendors in this state.

line 10 (c)  The Department of Justice is authorized to issue ammunition line 11 vendor licenses pursuant to this article. The department shall, line 12 commencing July 1, 2017, accept applications for ammunition line 13 vendor licenses. The department shall issue a license or deny the line 14 application for a license within 60 days of receipt of the application line 15 in the first two years of implementation, and within 30 days line 16 thereafter. If the application is denied, the department shall inform line 17 the applicant of the reason for denial in writing. line 18 (d)  The ammunition vendor license shall be issued in a form line 19 prescribed by the Attorney General and shall be valid for a period line 20 of one year. The license shall allow the licensee to sell ammunition line 21 from a fixed location and at any place set forth in subdivision (b) line 22 of Section 30365. line 23 30346. (a)  The department may charge ammunition vendor line 24 license applicants a fee sufficient to cover the reasonable costs of line 25 issuing a certificate of eligibility, as described, except for those line 26 persons or entities described in subdivision (d) of Section 30347. line 27 (b)  The fees received by the department pursuant to this article line 28 shall be deposited in the Ammunition Special Account, which is line 29 hereby created. The revenue in the fund shall be available, upon line 30 appropriation by the Legislature, for use by the Department of line 31 Justice for the purpose of implementing and enforcing the line 32 provisions of this article, Article 4 (commencing with Section line 33 30355) and Article 5 (commencing with Section 30360). line 34 30347. (a)  The department is authorized to issue ammunition line 35 vendor licenses to ammunition vendors who the department has line 36 determined are not prohibited by state or federal law from line 37 possessing, receiving, owning, or purchasing a firearm, and have line 38 a certificate of eligibility issued by the department. line 39 (b)  The department shall require any agent or employee of a line 40 vendor who handles, sells, or delivers ammunition to obtain and

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line 1 provide to the ammunition vendor a certificate of eligibility from line 2 the Department of Justice pursuant to Section 26710. On the line 3 application for the certificate, the agent or employee shall provide line 4 the name and California ammunition vendor number of the vendor line 5 with whom the person is employed. line 6 (c)  In the case of an entity other than a natural person, the line 7 department shall issue the license to the business entity, pursuant line 8 to the requirements in subdivisions (a) and (b). line 9 (d)  The department shall, upon request and in a manner

line 10 prescribed by the department, issue ammunition vendor licenses line 11 to the following: line 12 (1)  A firearms dealer licensed pursuant to Sections 26700 to line 13 26915, inclusive. line 14 (2)  A person who is on the centralized list of federal firearms line 15 licensees maintained by the department pursuant to Article 6 line 16 (commencing with Section 28450) of Chapter 6 of Division 6. line 17 (3)  A gunsmith as defined in Section 16630. line 18 (4)  A wholesaler as defined in Section 17340. line 19 (5)  A manufacturer or importer of firearms or ammunition line 20 licensed pursuant to Chapter 44 (commencing with Section 921) line 21 of Title 18 of the United States Code, and the regulations issued line 22 pursuant thereto. line 23 (e)  The department shall keep a registry of all licensed line 24 ammunition vendors. line 25 (f)  The department shall revoke the license of any ammunition line 26 vendor who violates this article, Article 4 (commencing with line 27 Section 30355), or Article 5 (commencing with Section 30360) in line 28 any combination three times. The ammunition vendor shall line 29 thereafter be permanently ineligible for an ammunition vendor line 30 license. line 31 SEC. 12. Article 4 (commencing with Section 30355) is added line 32 to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, line 33 to read: line 34 line 35 Article 4. Ammunition Purchase Authorization line 36 line 37 30355. (a)  Any person who violates any provision of this article line 38 is guilty of a misdemeanor, punishable by imprisonment in a county line 39 jail not exceeding one year, or a fine not exceeding one thousand line 40 dollars ($1,000), or by both that fine and imprisonment.

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line 1 (b)  The provisions of this article are cumulative, and shall not line 2 be construed as restricting the application of any other law. line 3 However, an act or omission punishable in different ways by line 4 different provisions of law shall not be punished under more than line 5 one provision. line 6 30356. (a)  Commencing July 1, 2019, the department shall line 7 electronically approve the purchase or transfer of ammunition line 8 through a vendor, as defined in Section 16151, except as otherwise line 9 specified. This approval shall occur at the time of purchase or

line 10 transfer, prior to the purchaser or transferee taking possession of line 11 the ammunition. line 12 (b)  To determine if the purchaser or transferee is eligible to line 13 purchase or possess ammunition, the department shall line 14 cross-reference the ammunition purchaser’s or transferee’s name, line 15 date of birth, current address, and driver’s license or other line 16 government identification number, as described in Section 28180, line 17 with the information maintained in the Automated Firearms System line 18 (AFS). If the purchaser’s or transferee’s information does not line 19 match an AFS entry, the transaction shall be denied. If the line 20 purchaser’s or transferee’s information matches an AFS entry, line 21 the department shall determine if the purchaser or transferee falls line 22 within a class of persons who are prohibited from owning or line 23 possessing ammunition by cross-referencing the Prohibited Armed line 24 Persons File. If the purchaser or transferee is prohibited from line 25 owning or possessing a firearm, the transaction shall be denied. line 26 (c)  A vendor is prohibited from providing a purchaser or line 27 transferee ammunition without department approval. If a vendor line 28 cannot electronically verify a person’s eligibility to purchase or line 29 possess ammunition via an Internet connection, the department line 30 shall provide a phone line to verify eligibility. This option is line 31 available to ammunition vendors who can demonstrate legitimate line 32 geographical and telecommunications limitations in submitting line 33 the information electronically, and who are approved by the line 34 department to use the phone line verification. line 35 (d)  The department shall recover the reasonable cost of line 36 regulatory and enforcement activities related to this article by line 37 charging ammunition purchasers and transferees a per-transaction line 38 fee not to exceed one dollar ($1), provided, however, that the fees line 39 may be increased at a rate not to exceed any increases in the line 40 California Consumer Price Index as compiled and reported by the

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line 1 Department of Industrial Relations, not to exceed the reasonable line 2 regulatory and enforcement costs. The fees shall be deposited in line 3 the Ammunition Special Account, to be available upon line 4 appropriation by the Legislature, for use by the Department of line 5 Justice for the purpose of implementing and enforcing this article, line 6 Article 3 (commencing with Section 30345), and Article 5 line 7 (commencing with Section 30360). line 8 (e)  This section shall not apply to the sale, delivery, or transfer line 9 of ammunition to any of the following, if properly identified prior

line 10 to the delivery of the ammunition by the vendor: line 11 (1)  A firearms dealer licensed pursuant to Sections 26700 to line 12 26915, inclusive. line 13 (2)  A person who is on the centralized list of federal firearms line 14 licensees maintained by the department pursuant to Article 6 line 15 (commencing with Section 28450) of Chapter 6 of Division 6. line 16 (3)  A gunsmith as defined in Section 16630. line 17 (4)  A wholesaler as defined in Section 17340. line 18 (5)  A manufacturer or importer of firearms or ammunition line 19 licensed pursuant to Chapter 44 (commencing with Section 921) line 20 of Title 18 of the United States Code, and the regulations issued line 21 pursuant thereto. line 22 (6)  An ammunition vendor. line 23 (7)  A person whose licensed premises are outside of this state line 24 and who is licensed as a dealer or collector of firearms pursuant line 25 to Chapter 44 (commencing with Section 921) of Title 18 of the line 26 United States Code and the regulations issued pursuant thereto. line 27 (8)  A person who is licensed as a collector of firearms pursuant line 28 to Chapter 44 (commencing with Section 921) of Title 18 of the line 29 United States Code and the regulations issued pursuant thereto, line 30 whose licensed premises are within this state, and who has a line 31 current certificate of eligibility issued by the department pursuant line 32 to Section 26710. line 33 (9)  An authorized law enforcement representative of a city, line 34 county, city and county, or state or federal government, if the sale line 35 or other transfer is for exclusive use by that government agency, line 36 and, prior to the sale, delivery, or transfer of the ammunition, line 37 written authorization from the head of the agency authorizing the line 38 transaction is presented to the person from whom the purchase, line 39 delivery, or transfer is being made. Proper written authorization line 40 is defined as verifiable written certification from the head of the

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line 1 agency, or designee, by which the purchaser, transferee, or person line 2 otherwise acquiring ownership is employed, identifying the line 3 employee as an individual authorized to conduct the transaction, line 4 and authorizing the transaction for the exclusive use of the agency line 5 by which that individual is employed. line 6 (10)  A properly identified sworn peace officer, as defined in line 7 Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 line 8 or properly identified sworn member of a federal law enforcement line 9 agency who is authorized to carry a firearm in the course and

line 10 scope of the officer’s duties. line 11 (11)  A target facility that holds a business or regulatory license. line 12 (12)  A person who purchases or receives ammunition at a target line 13 facility holding a business or other regulatory license, provided line 14 that the ammunition is at all times kept within the facility’s line 15 premises and used on the premises. line 16 (13)  A commercial hunting club, as defined in Section 3240.5 line 17 of the Fish and Game Code. line 18 (14)  A domesticated game bird hunting club, pursuant to Section line 19 3270 of the Fish and Game Code. line 20 (15)  A domesticated migratory game bird shooting club, line 21 pursuant to Article 4 (commencing with Section 3300) of Chapter line 22 2 of Part 1 of Division 4 of the Fish and Game Code. line 23 (16)  A participant at a shooting or hunting event conducted by line 24 any of the following: line 25 (A)  A commercial hunting club, as defined in Section 3240.5 of line 26 the Fish and Game Code, provided the ammunition is used and line 27 consumed on the licensed premises while engaged in lawful hunting line 28 activity. line 29 (B)  A domesticated game bird hunting club, pursuant to Section line 30 3270 of the Fish and Game Code, provided the ammunition is used line 31 and consumed on the licensed premises while engaged in lawful line 32 hunting activity. line 33 (C)  A domesticated migratory game bird shooting club, pursuant line 34 to Article 4 (commencing with Section 3300) of Chapter 2 of Part line 35 1 of Division 4 of the Fish and Game Code, provided the line 36 ammunition is used and consumed on the licensed premises while line 37 engaged in lawful hunting activity. line 38 (17)  A nonprofit mutual or public benefit corporation organized line 39 pursuant to the Corporations Code that engages in recreational line 40 shooting and lawful hunting activity.

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line 1 (18)  A participant at a shooting or hunting event conducted by line 2 a nonprofit mutual or public benefit corporation organized line 3 pursuant to the Corporations Code that engages in recreational line 4 shooting or lawful hunting activity provided that the ammunition line 5 is used and consumed during the event. line 6 (19)  A person who is authorized to carry loaded firearms line 7 pursuant to Section 25900, 25905, 25910, 25925, 26010, 26015, line 8 26025, or 26030. line 9 (20)  A holder of a special weapons permit issued by the

line 10 department pursuant to Section 32650 or 33300, pursuant to Article line 11 3 (commencing with Section 18900) of Chapter 1 of Division 5 of line 12 Title 2, or pursuant to Article 4 (commencing with Section 32700) line 13 of Chapter 6. line 14 (21)  A holder of a valid entertainment firearms permit issued line 15 pursuant to Chapter 2 (commencing with Section 29500) of line 16 Division 8. line 17 (22)  A person authorized by the department pursuant to Section line 18 30357. line 19 30357. The department shall develop a procedure in which a line 20 person who is not prohibited from purchasing or possessing line 21 ammunition may be approved for a single ammunition transaction line 22 or purchase. The department shall recover the cost of processing, line 23 regulatory, and enforcement activities related to this section, by line 24 charging the ammunition transaction or purchase applicant a fee line 25 not to exceed the fee charged for the department’s Dealer Record line 26 of Sale (DROS) process, as described in Section 28225, and not line 27 to exceed the department’s reasonable costs. line 28 SEC. 13. Article 5 (commencing with Section 30360) is added line 29 to Chapter 1 of Division 10 of Title 4 of Part 6 of the Penal Code, line 30 to read: line 31 line 32 Article 5. Ammunition Sales line 33 line 34 30360. (a)  Any person who violates any provision of this article line 35 is guilty of a misdemeanor, punishable by imprisonment in a county line 36 jail not exceeding one year, or a fine not exceeding one thousand line 37 dollars ($1,000), or by both that fine and imprisonment. line 38 (b)  The provisions of this article are cumulative, and shall not line 39 be construed as restricting the application of any other law. line 40 However, an act or omission punishable in different ways by

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line 1 different provisions of law shall not be punished under more than line 2 one provision. line 3 30362. A vendor shall not permit any employee who the vendor line 4 knows or reasonably should know is a person described in Chapter line 5 2 (commencing with Section 29800) or Chapter 3 (commencing line 6 with Section 29900) of Division 9 of this title, or Section 8100 or line 7 8103 of the Welfare and Institutions Code, to handle, sell, or line 8 deliver ammunition or deliver or have under his or her custody or line 9 control, ammunition in the course and scope of employment.

line 10 30363. A vendor shall not sell or otherwise transfer ownership line 11 of, offer for sale, or otherwise offer to transfer ownership of, line 12 display for sale, or display for transfer any ammunition in a line 13 manner that allows that ammunition to be accessible to a purchaser line 14 or transferee without the assistance of the vendor or an employee line 15 of the vendor. line 16 30364. (a)  The sale, delivery, or transfer of ammunition may line 17 only occur in a face-to-face transaction with the seller, deliverer, line 18 or transferor being provided bona fide evidence of identity from line 19 the purchaser or other transferee, provided, however, that line 20 ammunition may be purchased over the Internet or through other line 21 means of remote ordering if an ammunition vendor in this state line 22 initially receives the ammunition and processes the transfer in line 23 compliance with this article, Article 3 (commencing with Section line 24 30345), and Article 4 (commencing with Section 30355). An line 25 ammunition vendor is required to promptly and properly process line 26 those transactions. An ammunition vendor may charge a fee to line 27 process the transfer not to exceed ten dollars ($10) per transaction. line 28 An ammunition vendor is not required to house ammunition orders line 29 longer than 30 days. line 30 (b)  Subdivision (a) shall not apply to or affect the sale, delivery, line 31 or transfer of ammunition to any of the following: line 32 (1)  A firearms dealer licensed pursuant to Sections 26700 to line 33 26915, inclusive. line 34 (2)  A person who is on the centralized list of federal firearms line 35 licensees maintained by the Department of Justice pursuant to line 36 Article 6 (commencing with Section 28450) of Chapter 6 of line 37 Division 6. line 38 (3)  A gunsmith as defined in Section 16630. line 39 (4)  A wholesaler as defined in Section 17340.

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line 1 (5)  A manufacturer or importer of firearms or ammunition line 2 licensed pursuant to Chapter 44 (commencing with Section 921) line 3 of Title 18 of the United States Code, and the regulations issued line 4 pursuant thereto. line 5 (6)  An ammunition vendor. line 6 (7)  A person whose licensed premises are outside this state and line 7 who is licensed as a dealer or collector of firearms pursuant to line 8 Chapter 44 (commencing with Section 921) of Title 18 of the United line 9 States Code and the regulations issued pursuant thereto.

line 10 (8)  A person who is licensed as a collector of firearms pursuant line 11 to Chapter 44 (commencing with Section 921) of Title 18 of the line 12 United States Code and the regulations issued pursuant thereto, line 13 whose licensed premises are within this state, and who has a line 14 current certificate of eligibility issued by the Department of Justice line 15 pursuant to Section 26710. line 16 (9)  An authorized law enforcement representative of a city, line 17 county, city and county, or state or federal government, if the sale, line 18 delivery, or other transfer is for exclusive use by that government line 19 agency and, prior to the sale, delivery, or transfer of the line 20 ammunition, written authorization is received from the head of line 21 the agency, or designee, by which the purchaser, transferee, or line 22 person otherwise acquiring ownership is employed, identifying line 23 the employee as an individual authorized to conduct the line 24 transaction, and authorizing the transaction for the exclusive use line 25 of the agency employing the individual. line 26 (10)  A properly identified sworn peace officer, as defined in line 27 Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, line 28 or properly identified sworn member of a federal law enforcement line 29 agency who is authorized to carry a firearm in the course and line 30 scope of the officer’s duties. line 31 (11)  A target facility holding a business or other regulatory line 32 license. line 33 (12)  A commercial hunting club, as defined in Section 3240.5 line 34 of the Fish and Game Code. line 35 (13)  A domesticated game bird hunting club, pursuant to Section line 36 3270 of the Fish and Game Code. line 37 (14)  A domesticated migratory game bird shooting club, line 38 pursuant to Article 4 (commencing with Section 3300) of Chapter line 39 2 of Part 1 of Division 4 of the Fish and Game Code.

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line 1 (15)  A nonprofit mutual or public benefit corporation organized line 2 pursuant to the Corporations Code that engages in recreational line 3 shooting and lawful hunting activity. line 4 (16)  A consultant-evaluator. line 5 (17)  A contract or common carrier or an authorized agent or line 6 employee thereof, when acting in conformance with applicable line 7 federal law. line 8 30365. (a)  Except as provided in subdivision (b), the sale of line 9 ammunition shall be conducted at the location specified in the

line 10 license. line 11 (b)  A vendor may sell ammunition at a gun show or event, as line 12 described in Chapter 3 (commencing with Section 27200) of line 13 Division 6, if the gun show or event is not conducted from any line 14 motorized or towed vehicle. line 15 (c)  Sales of ammunition at a gun show or event shall comply line 16 with Sections 30345, 30356, 30369, and 30370. line 17 30366. (a)  When neither party in an ammunition sale is a line 18 vendor, the following shall apply: line 19 (1)  The seller shall deliver the ammunition to a vendor to line 20 process the transaction. line 21 (2)  The vendor shall then promptly and properly deliver the line 22 ammunition to the purchaser, if the sale is not prohibited, as if the line 23 ammunition were the vendor’s own merchandise. line 24 (3)  If the vendor cannot legally deliver the ammunition to the line 25 purchaser, the vendor shall forthwith return the ammunition to line 26 the seller. This return is not subject to Section 30356. line 27 (b)  The vendor may charge the purchaser an administrative fee line 28 to process the transaction, not to exceed ten dollars ($10) per line 29 transaction processed. line 30 (c)  A person selling ammunition pursuant to this section is line 31 exempt from the requirement to be licensed pursuant to Section line 32 30345. line 33 30367. (a)  Notwithstanding Sections 30345 and 30366, the line 34 sale of ammunition between the following is authorized so long line 35 as it does not exceed fifty (50) rounds per month: line 36 (1)  The sale of ammunition between licensed hunters while line 37 engaged in lawful hunting activity. line 38 (2)  The sale of ammunition between immediate family members, line 39 spouses, or registered domestic partners.

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line 1 (b)  Notwithstanding Sections 30345 and 30366, the sale of line 2 ammunition by a private individual to an authorized representative line 3 of a city, city and county, county, state, or the federal government, line 4 as part of a voluntary program is authorized. line 5 (c)  Ammunition acquired pursuant to subdivision (b) shall be line 6 disposed of in the same manner as set forth for firearms in Sections line 7 18000, 18005, or 34000. line 8 30368. (a)  Commencing July 1, 2019, a resident of this state line 9 shall not bring or transport into this state any ammunition that he

line 10 or she purchased from outside of this state unless he or she first line 11 has that ammunition delivered to an ammunition vendor in this line 12 state for delivery to that resident pursuant to the procedures set line 13 forth in Section 30366. line 14 (b)  Subdivision (a) does not apply to any of the following line 15 bringing or transporting into this state any ammunition: line 16 (1)  A firearms dealer licensed pursuant to Sections 26700 to line 17 26915, inclusive. line 18 (2)  A person who is on the centralized list of federal firearms line 19 licensees maintained by the department pursuant to Article 6 line 20 (commencing with Section 28450) of Chapter 6 of Division 6. line 21 (3)  A gunsmith as defined in Section 16630. line 22 (4)  A wholesaler as defined in Section 17340. line 23 (5)  A manufacturer or importer of firearms or ammunition line 24 licensed pursuant to Chapter 44 (commencing with Section 921) line 25 of Title 18 of the United States Code, and the regulations issued line 26 pursuant thereto. line 27 (6)  An ammunition vendor. line 28 (7)  A person who is licensed as a collector of firearms pursuant line 29 to Chapter 44 (commencing with Section 921) of Title 18 of the line 30 United States Code and the regulations issued pursuant thereto, line 31 whose licensed premises are within this state, and who has a line 32 current certificate of eligibility issued by the Department of Justice line 33 pursuant to Section 26710. line 34 (8)  Authorized law enforcement representatives of cities, line 35 counties, cities and counties, or state or federal governments for line 36 exclusive use by those government agencies if, prior to the line 37 importation, the person has written authorization from the head line 38 of the agency authorizing the acquisition of that ammunition. line 39 Proper written authorization is defined as verifiable written line 40 certification from the head of the agency, or designee, by which

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line 1 the person is employed, identifying the employee as an individual line 2 authorized to acquire and import ammunition, and authorizing line 3 the transaction for the exclusive use of the agency by which he or line 4 she is employed. line 5 (9)  A properly identified sworn peace officer, as defined in line 6 Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, line 7 or properly identified sworn member of a federal law enforcement line 8 agency who is authorized to carry a firearm in the course and line 9 scope of the officer’s duties.

line 10 (10)  A contract or common carrier or an authorized agent or line 11 employee thereof, when acting in conformity with applicable line 12 federal law. line 13 (11)  A person who purchases the ammunition from an immediate line 14 family member, spouse, or registered domestic partner if the person line 15 brings or transports into this state no more than 50 rounds. line 16 (12)  The executor or administrator of an estate that includes line 17 ammunition. line 18 (13)  A person that at the time he or she acquired the ammunition line 19 was not a resident of this state. line 20 (14)  Ammunition that is imported into this country pursuant to line 21 provisions of Section 925(a)(4) of Title 18 of the United States line 22 Code. line 23 (15)  A licensed hunter who purchased the ammunition outside line 24 of this state for use in a lawful hunting activity that occurred line 25 outside of this state if the person brings or imports no more than line 26 50 rounds into this state and the ammunition is designed and line 27 intended for use in the firearm the hunter used in that hunting line 28 activity. line 29 (16)  A person who attended and participated in an organized line 30 competitive match or league competition that involves the use of line 31 firearms in a match or competition; sponsored by, conducted under line 32 the auspices of, or approved by, a law enforcement agency or a line 33 nationally or state recognized entity that fosters proficiency in, or line 34 promotes education about, firearms, and the person brings or line 35 imports into this state no more than 50 rounds of ammunition line 36 designed and intended to be used in the firearm the person used line 37 in the match or competition. line 38 30369. (a)  Commencing July 1, 2019, a vendor shall not sell line 39 or otherwise transfer ownership of any ammunition without, at line 40 the time of delivery, legibly recording the following information:

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line 1 (1)  The purchaser’s full name. line 2 (2)  The purchaser’s or transferee’s driver’s license or other line 3 identification number and the state in which it was issued line 4 (3)  The date of the sale or other transaction. line 5 (4)  The brand, type, and amount of ammunition sold or line 6 otherwise transferred. line 7 (5)  The name of the salesperson who processed the sale or other line 8 transaction. line 9 (6)  The purchaser’s or transferee’s full residential address and

line 10 telephone number. line 11 (7)  The purchaser’s or transferee’s date of birth. line 12 (b)  Commencing July 1, 2019, the vendor shall electronically line 13 submit to the department the information required by subdivision line 14 (a) in a format and a manner prescribed by the department for all line 15 sales or other transfers of ammunition. The department shall retain line 16 this information for two years in a database to be known as the line 17 Ammunition Purchase Records File for the sole purpose of aiding line 18 and assisting local and state law enforcement agencies in an active line 19 investigation. The vendor shall not share any of the information line 20 required by subdivision (a) for any reason other than for authorized line 21 law enforcement purposes. The information in the Ammunition line 22 Purchase Records File may be accessed by a state or local law line 23 enforcement agency only if the department is provided a case line 24 number or other sufficient information as determined by the line 25 department that indicates an active investigation, and the line 26 information sought is for the investigation or prosecution of that line 27 case. line 28 (c)  In the case that a vendor cannot submit the information line 29 required by subdivision (a) electronically via an Internet line 30 connection, the department shall provide a telephone line to submit line 31 the information if the vendor can demonstrate legitimate line 32 geographic and telecommunications limitations to submitting the line 33 information electronically, and the department approves the line 34 vendor’s use of the telephone line. line 35 (d)  This section shall not apply to or affect sales or other line 36 transfers of ammunition by ammunition vendors to any of the line 37 following, if properly identified: line 38 (1)  A firearms dealer licensed pursuant to Sections 26700 to line 39 26915, inclusive.

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line 1 (2)  A person who is on the centralized list of federal firearms line 2 licensees maintained by the department pursuant to Article 6 line 3 (commencing with Section 28450) of Chapter 6 of Division 6. line 4 (3)  A gunsmith as defined in Section 16630. line 5 (4)  A wholesaler as defined in Section 17340. line 6 (5)  A manufacturer or importer of firearms licensed pursuant line 7 to Chapter 44 (commencing with Section 921) of Title 18 of the line 8 United States Code, and the regulations issued pursuant thereto. line 9 (6)  An ammunition vendor.

line 10 (7)  An authorized law enforcement representative of a city, line 11 county, city and county, or state or federal government, if the sale line 12 or other transfer is for exclusive use by that government agency, line 13 and, prior to the sale, delivery, or transfer of the ammunition, line 14 written authorization from the head of the agency, or designee, line 15 authorizing the transaction is presented to the person from whom line 16 the purchase, delivery, or transfer is being made. Proper written line 17 authorization is defined as verifiable written certification from the line 18 head of the agency, or designee, by which the purchaser, line 19 transferee, or person otherwise acquiring ownership is employed, line 20 identifying the employee as an individual authorized to conduct line 21 the transaction, and authorizing the transaction for the exclusive line 22 use of the agency by which that individual is employed. line 23 (8)  A properly identified sworn peace officer, as defined in line 24 Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2, line 25 or properly identified sworn member of a federal law enforcement line 26 agency who is authorized to carry a firearm in the course and line 27 scope of the officer’s duties. line 28 (9)  A target facility that holds a business or regulatory license. line 29 (10)  A person who purchases or receives ammunition at a target line 30 facility holding a business or other regulatory license, provided line 31 that the ammunition is at all times kept within the facility’s line 32 premises and used on the premises. line 33 (11)  A commercial hunting club, as defined in Section 3240.5 line 34 of the Fish and Game Code. line 35 (12)  A domesticated game bird hunting club, pursuant to Section line 36 3270 of the Fish and Game Code. line 37 (13)  A domesticated migratory game bird shooting club, line 38 pursuant to Article 4 (commencing with Section 3300) of Chapter line 39 2 of Part 1 of Division 4 of the Fish and Game Code.

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line 1 (14)  A participant at a shooting or hunting event conducted by line 2 any of the following: line 3 (A)  A commercial hunting club, as defined in Section 3240.5 of line 4 the Fish and Game Code, provided the ammunition is used and line 5 consumed on the licensed premises while engaged in lawful hunting line 6 activity. line 7 (B)  A domesticated game bird hunting club, pursuant to Section line 8 3270 of the Fish and Game Code, provided the ammunition is used line 9 and consumed on the licensed premises while engaged in lawful

line 10 hunting activity. line 11 (C)  A domesticated migratory game bird shooting club, pursuant line 12 to Article 4 (commencing with Section 3300) of Chapter 2 of Part line 13 1 of Division 4 of the Fish and Game Code, provided the line 14 ammunition is used and consumed on the licensed premises while line 15 engaged in lawful hunting activity. line 16 (15)  A nonprofit mutual or public benefit corporation organized line 17 pursuant to the Corporations Code that engages in recreational line 18 shooting and lawful hunting activity. line 19 (16)  A participant at a shooting or hunting event conducted by line 20 a nonprofit mutual or public benefit corporation organized line 21 pursuant to the Corporations Code that engages in recreational line 22 shooting or lawful hunting activity provided that the ammunition line 23 is used and consumed during the event. line 24 30370. A vendor shall not knowingly make a false entry in, or line 25 fail to make a required entry of information in accordance with line 26 Section 30369. line 27 SEC. 14. No reimbursement is required by this act pursuant line 28 to Section 6 of Article XIII B of the California Constitution for line 29 certain costs that may be incurred by a local agency or school line 30 district because, in that regard, this act creates a new crime or line 31 infraction, eliminates a crime or infraction, or changes the penalty line 32 for a crime or infraction, within the meaning of Section 17556 of line 33 the Government Code, or changes the definition of a crime within line 34 the meaning of Section 6 of Article XIII B of the California line 35 Constitution. line 36 However, if the Commission on State Mandates determines that line 37 this act contains other costs mandated by the state, reimbursement line 38 to local agencies and school districts for those costs shall be made line 39 pursuant to Part 7 (commencing with Section 17500) of Division line 40 4 of Title 2 of the Government Code.

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line 1 SEC. 15. The Legislature finds and declares that Section 13 line 2 of this act, which adds Section 30369 to the Penal Code, imposes line 3 a limitation on the public’s right of access to the meetings of public line 4 bodies or the writings of public officials and agencies within the line 5 meaning of Section 3 of Article I of the California Constitution. line 6 Pursuant to that constitutional provision, the Legislature makes line 7 the following findings to demonstrate the interest protected by this line 8 limitation and the need for protecting that interest: line 9 In order to protect the personal information of ammunition

line 10 purchasers, it is necessary that this act limit the public’s right of line 11 access to that information. line 12 SECTION 1. Section 39713 of the Health and Safety Code is line 13 amended to read: line 14 39713. (a)  The investment plan developed and submitted to line 15 the Legislature, pursuant to Section 39716, shall allocate a line 16 minimum of 25 percent of the available moneys in the fund to line 17 projects that provide benefits to communities described in Section line 18 39711. line 19 (b)  The investment plan shall allocate a minimum of 10 percent line 20 of the available moneys in the fund to projects located within line 21 communities described in Section 39711. line 22 (c)  The allocation pursuant to subdivision (b) may be, but need line 23 not be, for projects included, in whole or in part, in the set of line 24 projects supported by the allocation described in subdivision (a). line 25 (d)  The state board shall prepare and post on its Internet Web line 26 site a report on the projects funded pursuant to this section. The line 27 report shall include all of the following: line 28 (1)  A general description of the project. line 29 (2)  The location where the project will be implemented. line 30 (3)  The estimated date of completion of each project. line 31 (4)  The amount awarded to each project. line 32 (5)  The status of any moneys in the fund that are not awarded line 33 pursuant to this section and the reasons, if any, why those moneys line 34 have not been awarded. line 35 SEC. 2. Section 39713.5 is added to the Health and Safety line 36 Code, to read: line 37 39713.5. (a)  For purposes of this section, “eligible line 38 communities” means census tracts identified as disadvantaged line 39 pursuant to Section 39711 or with median incomes at or below 80 line 40 percent of the statewide median income.

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line 1 (b)  The investment plan developed and submitted to the line 2 Legislature pursuant to Section 39716 shall allocate from the line 3 available moneys in the fund technical assistance moneys to the line 4 state board to implement this section. That allocation of technical line 5 assistance moneys shall not be used to satisfy the requirements of line 6 subdivisions (a) and (b) of Section 39713. line 7 (c)  (1)  Upon an appropriation of moneys from the fund, the line 8 state board shall establish a comprehensive technical assistance line 9 program for eligible applicants assisting eligible communities that

line 10 the state board determines require technical assistance in accessing line 11 programs allocated moneys appropriated from the fund. line 12 (2)  Eligible applicants include, but are not limited to, regional line 13 agencies and nonprofit organizations coordinating with local line 14 governments. line 15 (3)  (A)  The state board, in consultation with the California line 16 Environmental Protection Agency and agencies that administer line 17 programs using moneys appropriated from the fund, shall develop line 18 guidelines to implement this program consistent with this section. line 19 (B)  The state board shall provide an opportunity for public line 20 comment prior to finalizing the guidelines. line 21 (d)  The state board shall prioritize technical assistance for those line 22 communities demonstrating the greatest need for increased capacity line 23 to access programs using moneys appropriated from the fund. line 24 (e)  The program established pursuant to this section shall line 25 provide assistance to eligible applicants with any of the following: line 26 (1)  Identifying state agencies with appropriate grant programs. line 27 (2)  Developing competitive project proposals to apply for line 28 moneys available through state agencies or pursuant to this chapter. line 29 (3)  Coordinating existing local programs to reduce greenhouse line 30 gas emissions with new programs receiving moneys pursuant to line 31 this chapter. line 32 (4)  Conducting community outreach to residents of eligible line 33 communities that the state board determines require technical line 34 assistance on consumer programs receiving state or local moneys line 35 pursuant to this chapter or for other programs that reduce line 36 greenhouse gas emissions. line 37 (f)  Technical assistance provided pursuant to this section shall line 38 promote programs that reduce emissions of greenhouse gases and line 39 demonstrate a direct, meaningful benefit to eligible communities. line 40 Cobenefits of these programs may include, but are not limited to,

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line 1 improved air quality, improved water quality, improved public line 2 health, increased access to employment in clean energy, increased line 3 access to affordable housing and transit, reduced residential and line 4 commercial water use, and increased residential and commercial line 5 energy efficiency.

O

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