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Thread: New Ammo Restrictions Introduced In Assembly

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    Code:
    BILL NUMBER: AB 962	INTRODUCED
    	BILL TEXT
    
    
    INTRODUCED BY   Assembly Member De Leon
       (Coauthor: Assembly Member Bonnie Lowenthal)
    
                            FEBRUARY 26, 2009
    
       An act to amend Sections 11106 and 12316 of, to add Sections 12317
    and 12318 to, to add Article 3.5 (commencing with Section 12060) to
    Chapter 1 of, to add a heading for Chapter 2.6 (commencing with
    Section 12316) to, and to repeal the heading of Chapter 2.6
    (commencing with Section 12320) of, Title 2 of Part 4 of the Penal
    Code, relating to ammunition.
    
    
    
    	LEGISLATIVE COUNSEL'S DIGEST
    
    
       AB 962, as introduced, De Leon. Ammunition.
       Existing law requires the Department of Justice to maintain
    records pertaining to firearms transactions.
       This bill would require the department to maintain additional
    information relating to ammunition transfers and licensed handgun
    ammunition vendors, as specified.
       Existing law generally regulates the sale of ammunition.
       This bill would establish a program administered by the Department
    of Justice for licensing handgun ammunition vendors, as specified.
       The bill would establish a database maintained by the department
    to serve as a registry of handgun ammunition vendors.
       This bill would require that commencing July 1, 2010, unless
    specifically excluded, no person shall sell or transfer more than 50
    rounds of handgun ammunition in any month unless he or she is
    registered as a handgun ammunition vendor, as defined. The bill would
    also require these vendors to obtain a background clearance for
    those employees who would handle ammunition in the course and scope
    of their employment. The bill would require the Department of Justice
    to maintain a registry of registered handgun ammunition vendors, as
    specified. Violation of these provisions, as specified, would be a
    misdemeanor.
       By creating a new crime, this bill would impose a state-mandated
    local program.
       The bill would also provide that no retail seller of ammunition
    shall sell, offer for sale, or display for sale, any handgun
    ammunition in a manner that allows that ammunition to be accessible
    to a purchaser without the assistance of the retailer or employee
    thereof.
       The bill would further provide that handgun ammunition may only be
    purchased in a face-to-face transaction and only if certain
    conditions exist.
       Existing law generally regulates what information is required to
    be obtained in connection with the transfer of ammunition.
       This bill would, subject to exceptions, commencing July 1, 2010,
    require certain ammunition vendors to obtain a thumbprint and other
    information from ammunition purchasers, and would require submission
    of that information to the Department of Justice, as specified. A
    violation of these provisions would be a misdemeanor.
       This bill would provide that a person enjoined from engaging in
    activity associated with a criminal street gang, as specified, would
    be prohibited from having under his or her possession, custody, or
    control, any ammunition. Violation of these provisions would be a
    misdemeanor.
       The bill would prohibit supplying or delivering, as specified,
    handgun ammunition to prohibited persons, as described, by persons or
    others who know or by using reasonable care should know that the
    recipient is a person prohibited from possessing ammunition.
    Violation of these provisions is a misdemeanor with specified
    penalties.
       By creating new crimes, this bill would impose a state-mandated
    local program.
       The California Constitution requires the state to reimburse local
    agencies and school districts for certain costs mandated by the
    state. Statutory provisions establish procedures for making that
    reimbursement.
       This bill would provide that no reimbursement is required by this
    act for a specified reason.
       Vote: majority. Appropriation: no. Fiscal committee: yes.
    State-mandated local program: yes.
    
    
    THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
    
      SECTION 1.  Section 11106 of the Penal Code is amended to read:
       11106.  (a) In order to assist in the investigation of crime, the
    prosecution of civil actions by city attorneys pursuant to paragraph
    (3) of subdivision (c), 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 copies of
    fingerprints, copies of licenses to carry firearms issued pursuant to
    Section 12050, information reported to the Department of Justice
    pursuant to Section 12053,  licensee information pertaining to
    handgun ammunition vendors as specified in Section 12062, 
    dealers' records of sales of firearms, reports provided pursuant to
    Section 12072 or 12078, forms provided pursuant to Section 12084, as
    that section read prior to being repealed by the act that amended
    this section, reports provided pursuant to Section 12071 that are not
    dealers' records of sales of firearms, and reports of stolen, lost,
    found, pledged, or pawned property in any city or county of this
    state, and shall, upon proper application therefor, furnish this
    information to the officers referred to in Section 11105.
       (b) (1) Except as provided in subdivision (d), the Attorney
    General shall not retain or compile any information from reports
    filed pursuant to subdivision (a) of Section 12078 for firearms that
    are not handguns, from forms submitted pursuant to Section 12084, as
    that section read prior to being repealed by the act that amended
    this section, for firearms that are not handguns, or from dealers'
    records of sales for firearms that are not handguns. All copies of
    the forms submitted, or any information received in electronic form,
    pursuant to Section 12084, as that section read prior to being
    repealed by the act that amended this section, for firearms that are
    not handguns, or of the dealers' records of sales for firearms that
    are not handguns shall be destroyed within five days of the clearance
    by the Attorney General, unless the purchaser or transferor is
    ineligible to take possession of the firearm. All copies of the
    reports filed, or any information received in electronic form,
    pursuant to subdivision (a) of Section 12078 for firearms that are
    not handguns shall be destroyed within five days of the receipt by
    the Attorney General, unless retention is necessary for use in a
    criminal prosecution.
       (2) A peace officer, the Attorney General, a Department of Justice
    employee designated by the Attorney General, or any authorized local
    law enforcement employee shall not retain or compile any information
    from a firearms transaction record, as defined in paragraph (5) of
    subdivision (c) of Section 12071, for firearms that are not handguns
    unless retention or compilation is necessary for use in a criminal
    prosecution or in a proceeding to revoke a license issued pursuant to
    Section 12071.
       (3) A violation of this subdivision is a misdemeanor.
       (c) (1) The Attorney General shall permanently keep and properly
    file and maintain all information reported to the Department of
    Justice pursuant to Sections 12071, 12072, 12078, 12082, and former
    Section 12084 or any other law, as to handguns and maintain a
    registry thereof.
       (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 handgun 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 Section 12078 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 handgun 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 Section 12078 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 handgun 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.
       (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 handgun.
    
       (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.
       (d) (1) 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 Section 12021.3,
    12053, 12071, 12072, 12077, 12078, 12082, or 12285, if the following
    conditions are met:
       (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.
       (2) 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.  Article 3.5 (commencing with Section 12060) is added to
    Chapter 1 of Title 2 of Part 4 of the Penal Code, to read:
    
          Article 3.5.  Handgun Ammunition Vendor Licenses
    
    
       12060.  As used in this article, the following terms apply:
       (a) "Department" means the Department of Justice.
       (b) "Handgun ammunition" means handgun ammunition as defined in
    subdivision (a) of Section 12323, but excluding ammunition designed
    and intended to be used in an "antique firearm" as defined in Section
    921(a)(16) of Title 18 of the United States Code. Handgun ammunition
    does not include blanks used in prop weapons.
       (c) "Immediate family member" has the same meaning as set forth in
    subdivision (c) of Section 12078.
       (d) "Licensed handgun ammunition vendor" or "vendor" means a
    person licensed by the department pursuant to Section 12062.
       12061.  (a) Commencing July 1, 2010, no person shall sell or
    otherwise transfer ownership of more than 50 rounds of handgun
    ammunition in any month unless the person is licensed by the
    department as a licensed handgun ammunition vendor in accordance with
    Section 12062.
       (b) Subdivision (a) shall not apply to or affect any of the
    following:
       (1) Sales or other transfers of ownership of handgun ammunition by
    manufacturers or wholesalers to licensed handgun ammunition vendors
    who are licensed pursuant to Section 12062.
       (2) Sales or other transfers of ownership of handgun ammunition by
    an authorized law enforcement representative of a city, county, or
    city and county, or the state or federal government to a peace
    officer authorized to carry a handgun in the course and scope of his
    or her duties.
       (3) Sales or other transfers of ownership of handgun ammunition to
    authorized law enforcement representatives of cities, counties,
    cities and counties, or state or federal governments for exclusive
    use by those government agencies if, prior to the delivery, transfer,
    or sale of 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 or transferee 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 he or she is employed.
       (4) Sales or other transfers of ownership of handgun ammunition to
    authorized representatives of cities, counties, cities and counties,
    or state or federal governments for those government agencies in
    which the entity is acquiring the ammunition as part of an
    authorized, voluntary program in which the entity is buying or
    receiving ammunition from private individuals.
       (5) Sales or other transfers of ownership of handgun ammunition
    between immediate family members, spouses, or registered domestic
    partners.
       (c) A violation of this section is a misdemeanor.
       12062.  (a) (1) The department is authorized to issue handgun
    ammunition vendor licenses.
       (2) No handgun ammunition vendor license may be issued to an
    applicant who fails to provide a copy of any regulatory or business
    license, or licenses, 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 pursuant to Section 12071. The license issued
    pursuant to this section shall be issued to an individual and for a
    specific physical location where the sale or other transfer of
    ownership of handgun ammunition is to be conducted.
       (3) The department shall inform applicants who are denied licenses
    of the reasons for the denial in writing.
       (b) (1) The handgun 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 procedures and enforcement procedures for the
    licensee. The Attorney General may adopt regulations that establish
    grounds for suspension or revocation of the license.
       (2) The department may charge handgun ammunition vendor license
    applicants a fee sufficient to reimburse the department for the costs
    of administering the license program, maintaining the registry of
    handgun ammunition vendors, and necessary regulatory functions,
    including enforcement, provided, however, that the fee shall not
    exceed fifty dollars ($50).
       (3) The department shall issue licenses pursuant to this section
    to the following applicants:
       (A) Persons licensed pursuant to Section 12071.
       (B) A person who is on the centralized list maintained by the
    department pursuant to Section 12083.
       (C) A target facility which holds a business or regulatory
    license.
       (D) Gunsmiths.
       (E) Wholesalers.
       (F) Manufacturers or importers of firearms licensed pursuant to
    Chapter 44 (commencing with Section 921) of Title 18 of the United
    States Code, and the regulations issued pursuant thereto.
       (4) The department shall waive all application fees for all
    persons listed in subparagraphs (A) and (B) of paragraph (3).
       (5) (A) The department shall keep a centralized registry of all
    persons, businesses, and corporations that are vendors.
       (B) The department may remove from this registry any vendor that
    violates the provisions of this section.
       (C) The license of any vendor that violates this section three
    times shall be revoked, and that person, firm, or corporation shall
    become permanently ineligible to obtain a license pursuant to this
    section.
       (D) Upon removal of a vendor from the registry, notification shall
    be provided to local law enforcement and licensing authorities in
    the jurisdiction where the vendor's business is located.
       (6) Information compiled from the registry referred to in
    paragraph (5) shall be made available, upon request, for the
    following purposes only:
       (A) For law enforcement purposes.
       (B) When the information is requested for the purposes of
    determining the validity of handgun ammunition deliveries.
       (c) A vendor shall comply with all of the following conditions,
    requirements and prohibitions:
       (1) (A) A vendor shall not permit any employee who the vendor
    knows or reasonably should know is a person described in Section
    12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare
    and Institutions Code to handle handgun ammunition in the course and
    scope of his or her employment.
       (B) Except as provided in subparagraph (C), for an employee of a
    vendor who becomes an employee after July 1, 2010, the employee shall
    obtain a certificate of eligibility from the department pursuant to
    paragraph (4) of subdivision (a) of Section 12071. The request shall
    be made within 45 days of employing the individual.
       (C) In the case of a person who is employed by a vendor on or
    before July 1, 2010, the employee shall obtain a certificate of
    eligibility from the department pursuant to paragraph (4) of
    subdivision (a) of Section 12071 no later than August 15, 2009.
       (2) A vendor shall not sell or otherwise transfer ownership of,
    offer for sale or otherwise offer to transfer ownership of, or
    display for sale or display for transfer of ownership of any handgun
    ammunition in a manner that allows that ammunition to be accessible
    to a purchaser or transferee without the assistance of the vendor or
    employee thereof.
       (3) Commencing July 1, 2010, a vendor shall not sell or otherwise
    transfer ownership of any handgun ammunition without at the time of
    delivery legibly recording the following information on a form that
    is in a format to be prescribed by the department:
       (A) The date of the sale or other transaction.
       (B) The purchaser's or transferee's driver's license or other
    identification number and the state in which it was issued.
       (C) The brand, type, and amount of ammunition sold or otherwise
    transferred.
       (D) The purchaser's or transferee's signature.
       (E) The name of the salesperson who processed the sale or other
    transaction.
       (F) The right thumbprint of the purchaser or transferee on the
    above form.
       (G) The purchaser's or transferee's full residential address and
    telephone number.
       (H) The purchaser's or transferee's date of birth.
       (4) Commencing July 1, 2010, the records required by this section
    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.
       (5) Commencing July 1, 2010, the records referred to in paragraph
    (3) shall be subject to inspection at any time during normal business
    hours by any peace officer employed by a sheriff, city police
    department, or district attorney as provided in subdivision (a) of
    Section 830.1, or employed by the department as provided in
    subdivision (b) of Section 830.1, provided the officer is conducting
    an investigation where access to those records is or may be relevant
    to that investigation, is seeking information about persons
    prohibited from owning a firearm or ammunition, or is engaged in
    ensuring compliance with the Dangerous Weapons Control Law (Chapter 1
    (commencing with Section 12000) of Title 2 of Part 4), or any other
    laws pertaining to firearms or ammunition. The records shall also be
    subject to inspection at any time during normal business hours by any
    other employee of the department, provided that employee is
    conducting an investigation where access to those records is or may
    be relevant to that investigation, is seeking information about
    persons prohibited from owning a firearm or ammunition, or is engaged
    in ensuring compliance with the Dangerous Weapons Control Law
    (Chapter 1 (commencing with Section 12000) of Title 2 of Part 4), or
    any other laws pertaining to firearms or ammunition.
       (6) Commencing July 1, 2010, the vendor shall not knowingly make a
    false entry in, fail to make a required entry in, fail to obtain the
    required thumbprint, or otherwise fail to maintain in the required
    manner records prepared in accordance with paragraph (2). If the
    right thumbprint is not available, then the vendor shall have the
    purchaser or transferee use his or her left thumb, or any available
    finger, and shall so indicate on the form. If the purchaser or
    transferee is physically unable to provide a thumbprint or
    fingerprint, the vendor shall so indicate on the form.
       (7) Commencing July 1, 2010, no vendor shall refuse to permit a
    person authorized under paragraph (5) to examine any record prepared
    in accordance with this section during any inspection conducted
    pursuant to this section, or refuse to permit the use of any record
    or information by those persons.
       (d) Paragraph (3) of subdivision (c) shall not apply to or affect
    sales or other transfers of ownership of handgun ammunition by
    licensed handgun ammunition vendors to any of the following that are
    properly identified as such in a manner prescribed by the Department
    of Justice:
       (1) Persons licensed pursuant to Section 12071.
       (2) A licensed handgun ammunition vendor.
       (3) A person who is on the centralized list maintained by the
    department pursuant to Section 12083.
       (4) A target facility which holds a business or regulatory
    license.
       (5) Gunsmiths.
       (6) Wholesalers.
       (7) Manufacturers or importers of firearms licensed pursuant to
    Chapter 44 (commencing with Section 921) of Title 18 of the United
    States Code, and the regulations issued pursuant thereto.
       (8) Sales or other transfers of ownership made to authorized law
    enforcement representatives of cities, counties, cities and counties,
    or state or federal governments for exclusive use by those
    government agencies if, prior to the delivery, transfer, or sale of
    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 he or she is employed.
       (e) Fees received by the department pursuant to this section shall
    be deposited in the Dealers' Record of Sale Special Account of the
    General Fund.
       (f) (1) A violation of paragraph (3), (4), (6), or (7) of
    subdivision (c) is a misdemeanor.
       (2) The provisions of this subdivision 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. 3.  A heading for Chapter 2.6 of Title 2 of Part 4 is added to
    the Penal Code, immediately preceding Section 12316, to read:
          CHAPTER 2.6.  AMMUNITION
    
    
      SEC. 4.  Section 12316 of the Penal Code is amended to read:
       12316.  (a) (1) Any person, corporation, or dealer who does either
    of the following shall be punished by imprisonment in a county jail
    for a term not to exceed six months, or by a fine not to exceed one
    thousand dollars ($1,000), or by both the imprisonment and fine:
       (A) Sells any ammunition or reloaded ammunition to a person under
    18 years of age.
       (B) Sells any ammunition or reloaded ammunition designed and
    intended for use in a handgun to a person under 21 years of age. As
    used in this subparagraph, "ammunition" means handgun ammunition as
    defined in subdivision (a) of Section 12323. Where ammunition or
    reloaded ammunition may be used in both a rifle and a handgun, it may
    be sold to a person who is at least 18 years of age, but less than
    21 years of age, if the vendor reasonably believes that the
    ammunition is being acquired for use in a rifle and not a handgun.
       (2) Proof that a person, corporation, or dealer, or his or her
    agent or employee, demanded, was shown, and acted in reasonable
    reliance upon, bona fide evidence of majority and identity shall be a
    defense to any criminal prosecution under this subdivision. As used
    in this subdivision, "bona fide evidence of majority and identity"
    means a document issued by a federal, state, county, or municipal
    government, or subdivision or agency thereof, including, but not
    limited to, a motor vehicle operator's license, California state
    identification card, identification card issued to a member of the
    armed forces, or other form of identification that bears the name,
    date of birth, description, and picture of the person.
       (b) (1) No person prohibited from owning or possessing a firearm
    under Section 12021 or 12021.1 of this code or Section 8100 or 8103
    of the Welfare and Institutions Code shall own, possess, or have
    under his or her custody or control, any ammunition or reloaded
    ammunition.
       (2) For purposes of this subdivision, "ammunition" shall include,
    but not be limited to, any bullet, cartridge, magazine, clip, speed
    loader, autoloader, or projectile capable of being fired from a
    firearm with a deadly consequence.  "Ammunition"  does
    not include blanks used in prop weapons. 
       (3) A violation of paragraph (1) of  this subdivision is
    punishable by imprisonment in a county jail not to exceed one year or
    in the state prison, by a fine not to exceed one thousand dollars
    ($1,000), or by both the fine and imprisonment. 
       (4) A person who is not prohibited by paragraph (1) from owning,
    possessing, or having under his or her custody or control, any
    ammunition or reloaded ammunition, but who is enjoined from engaging
    in activity pursuant to an injunction issued pursuant to Section 3479
    of the Civil Code against that person as a member of a criminal
    street gang, as defined in Section 186.22, may not own, possess, or
    have under his or her custody or control, any ammunition or reloaded
    ammunition.  
       (5) A violation of paragraph (4) of this subdivision is a
    misdemeanor. 
       (c) Unless it is with the written permission of the school
    district superintendent, his or her designee, or equivalent school
    authority, no person shall carry ammunition or reloaded ammunition
    onto school grounds, except sworn law enforcement officers acting
    within the scope of their duties or persons exempted under
    subparagraph (A) of paragraph (1) of subdivision (a) of Section
    12027. This subdivision shall not apply to a duly appointed peace
    officer as defined in Chapter 4.5 (commencing with Section 830) of
    Title 3 of Part 2, a full-time paid peace officer of another state or
    the federal government who is carrying out official duties while in
    California, any person summoned by any of these officers to assist in
    making an arrest or preserving the peace while he or she is actually
    engaged in assisting the officer, a member of the military forces of
    this state or of the United States who is engaged in the performance
    of his or her duties, a person holding a valid license to carry the
    firearm pursuant to Article 3 (commencing with Section 12050) of
    Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, who is
    engaged in the performance of his or her duties, as defined in
    subdivision (e) of Section 7521 of the Business and Professions Code.
    A violation of this subdivision is punishable by imprisonment in a
    county jail for a term not to exceed six months, a fine not to exceed
    one thousand dollars ($1,000), or both the imprisonment and fine.
       (d) (1) A violation of paragraph (1)  or (4)  of
    subdivision (b) is justifiable where all of the following conditions
    are met:
       (A) The person found the ammunition or reloaded ammunition or took
    the ammunition or reloaded ammunition from a person who was
    committing a crime against him or her.
       (B) The person possessed the ammunition or reloaded ammunition no
    longer than was necessary to deliver or transport the ammunition or
    reloaded ammunition to a law enforcement agency for that agency's
    disposition according to law.
       (C) The person is prohibited from possessing any ammunition or
    reloaded ammunition solely because that person is prohibited from
    owning or possessing a firearm only by virtue of Section 12021 
    or ammunition or reloaded ammunition because of paragraph (4) of
    subdivision (b)  .
       (2) Upon the trial for violating paragraph (1)  or (4) 
    of subdivision (b), the trier of fact shall determine whether the
    defendant is subject to the exemption created by this subdivision.
       (3) The defendant has the burden of proving by a preponderance of
    the evidence that he or she is subject to the exemption provided by
    this subdivision.
      SEC. 5.  Section 12317 is added to the Penal Code, to read:
       12317.  (a) Any person, corporation, or firm who supplies,
    delivers, sells, or gives possession or control of, any ammunition to
    any person who he or she knows or using reasonable care should know
    is prohibited from owning, possessing, or having under his or her
    custody or                                             control, any
    ammunition or reloaded ammunition pursuant to paragraph (1) or (4) of
    subdivision (b) of Section 12316, is guilty of a misdemeanor,
    punishable by imprisonment in a county jail not exceeding one year,
    or a fine not exceeding one thousand dollars ($1,000), or by both
    that fine and imprisonment.
       (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 this section and
    another provision of law shall not be punished under more than one
    provision.
       (c) For purposes of this section, "ammunition" shall include, but
    not be limited to, any bullet, cartridge, magazine, clip, speed
    loader, autoloader, or projectile capable of being fired from a
    firearm with deadly consequence. "Ammunition" does not include blanks
    used in prop weapons.
      SEC. 6.  Section 12318 is added to the Penal Code, to read:
       12318.  (a) Commencing July 1, 2010, the sale or other transfer of
    ownership of handgun ammunition may only occur in a face-to-face
    transaction with the seller or transferor being provided bona fide
    evidence of identity from the purchaser or other transferee. A
    violation of this section is a misdemeanor.
       (b) For purposes of this section:
       (1) "Bona fide evidence of identity" means a document issued by a
    federal, state, county, or municipal government, or subdivision or
    agency thereof, including, but not limited to, a motor vehicle
    operator's license, state identification card, identification card
    issued to a member of the armed forces, or other form of
    identification that bears the name, date of birth, description, and
    picture of the person.
       (2) "Handgun ammunition" means handgun ammunition as defined in
    subdivision (a) of Section 12323, but excluding ammunition designed
    and intended to be used in an "antique firearm" as defined in Section
    921(a)(16) of Title 18 of the United States Code. Handgun ammunition
    does not include blanks used in prop weapons.
       (3) "Licensed handgun ammunition vendor" has the same meaning as
    set forth in Section 12062.
       (c) Subdivision (a) shall not apply to or affect the deliveries,
    transfers, or sales of, handgun ammunition to any of the following:
       (1) Authorized law enforcement representatives of cities,
    counties, cities and counties, or state and federal governments for
    exclusive use by those government agencies if, prior to the delivery,
    transfer, or sale of the handgun 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) Sworn peace officers, as defined in Chapter 4.5 (commencing
    with Section 830) of Title 3 of Part 2 who are authorized to carry a
    firearm in the course and scope of their duties.
       (3) Importers and manufacturers of handgun ammunition or firearms
    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) Persons who are on the centralized list maintained by the
    Department of Justice pursuant to Section 12083.
       (5) Persons whose licensed premises are outside this state who are
    licensed as dealers or collectors 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) Persons licensed as collectors 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 who has a current certificate of
    eligibility issued to him or her by the Department of Justice
    pursuant to Section 12071.
       (7) A licensed handgun ammunition vendor.
       (8) A consultant-evaluator, as defined in subdivision (s) of
    Section 12001.
      SEC. 7.  The heading of Chapter 2.6 (commencing with Section 12320)
    of Title 2 of Part 4 of the Penal Code is repealed.
      SEC. 8.  No reimbursement is required by this act pursuant to
    Section 6 of Article XIII B of the California Constitution because
    the only costs that may be incurred by a local agency or school
    district will be incurred because this act creates a new crime or
    infraction, eliminates a crime or infraction, or changes the penalty
    for a crime or infraction, within the meaning of Section 17556 of the
    Government Code, or changes the definition of a crime within the
    meaning of Section 6 of Article XIII B of the California
    Constitution.

  2. #2
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    im getting really sick of all thelaws our government is fabricating to make guns and ammo so unattainable that its todifficult to even attempt to own a gun or ammo for it.

    If you cant make it illegal, make everythingpertaining toit illegal to turn people away from it.

  3. #3
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    poothrowingape wrote:
    If you cant make it illegal, make everythingpertaining toit illegal to turn people away from it.
    That's the plan. Pelosi let that cat out of the bag several years ago. (I don't have a citation, so don't ask...) She was quoted as saying something like:

    If we can't ban guns, we can tax and regulate ammunition out of existance.

    Ammo is the new front in the war on guns.
    Participant in the Free State Project - "Liberty in Our Lifetime" - www.freestateproject.org
    Supporter of the CalGuns Foundation - http://www.calgunsfoundation.org/
    Supporter of the Madison Society - www.madison-society.org


    Don't Tread On Me.

  4. #4
    Anti-Saldana Freedom Fighter bad_ace's Avatar
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    I read the whole thing, and went cross-eyed. I suspect I'll have to read it a few more times before I'll understand the full scope of it.

    Who do we contact to voice our opposition to this bill?

  5. #5
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    Your state legislator for now, and if it gets out of the assembly, your state senator. This may move through committees too, so keep your eye on it. It is sometimes possible to get a bill killed in committee

  6. #6
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    A virtually identical bill PASSED the CA Assembly either last year or the year before, but never came out of the SENATE(or vice versa - can't recall). Anyway, I began to stock up since some of the provisions proposed were extremely onerous(only face-to-face sales - kills internet bulk purchases, magazines = ammo - forget online mag purchases, thumbrint, I.D. required to buy ammo, etc., etc.). Fortunately, it got stalled last time.

    There are LOTS of things in this that will seriously curtail ammo sales in the state. This has to be stopped. In the meantime, keep stocking up on the calibers with which you like to practice a lot. If this passes, getting ammo will be a big problem. You'd better keep stocking up(Neither I nor friends and family have anything to do with selling ammo - we just like to shoot it). If it doesn't pass this year, they'll try again in a year or two. And so on, and so on...

    Even if we get a Court to SAY we have FULL 2A rights in CA. The gov't will simply try to restrict ammo, until a Court says they can't do that either. It's going to be a long and continuing battle.

  7. #7
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    Im writing my legislator right now. what else should i say other than i strongly oppose Bill: AB 962 and that i feel it is suffocating my second ammendment right to bear arms.

    *I mean what am i supposed to do? use my guns as clubs now?



    *im not putting that in the letter.

  8. #8
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    I wrote a letter to my politician about the 3 bills that have been floating around here lately but would like someone to proof read it. Would anyone like to help?

  9. #9
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    Post imported post

    Sure, post it on up and I'll rip you a new one.

  10. #10
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    poothrowingape wrote:
    I wrote a letter to my politician about the 3 bills that have been floating around here lately but would like someone to proof read it. Would anyone like to help?
    If you haven't gotten any help yet you can PM me your letters and I'll proof read 'em real quick. I may use relatively poor grammar when posting but I am an english major and I CAN write properly. When I care to, that is.... But seriously, PM the letter and I'll give it a look. Shouldn't be too hard, I proof read my wife's work and she's dislexic... or lisdexic, as she would say. Haha...



  11. #11
    Anti-Saldana Freedom Fighter bigtoe416's Avatar
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    fighting_for_freedom wrote:
    poothrowingape wrote:
    I wrote a letter to my politician about the 3 bills that have been floating around here lately but would like someone to proof read it. Would anyone like to help?
    If you haven't gotten any help yet you can PM me your letters and I'll proof read 'em real quick. I may use relatively poor grammar when posting but I am an english major and I CAN write properly. When I care to, that is.... But seriously, PM the letter and I'll give it a look. Shouldn't be too hard, I proof read my wife's work and she's dislexic... or lisdexic, as she would say. Haha...
    That should be, "proof read 'em really quickly."

    And it's dyslexic.

    Sorry, couldn't resist!

  12. #12
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    bigtoe416 wrote:
    That should be, "proof read 'em really quickly."

    And it's dyslexic.

    Sorry, couldn't resist!
    Damn, either my wife is wearing off on me or it's the beer.... shouldn't drink and type... there's got to be a law against that somewhere...

  13. #13
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    AB962 will be heard before the Senate Public Safety Committee tomorrow! You can view the agenda
    here


    Please fax and call the Senate Public Safety Committee

    PH: (916)651-4118
    FAX: (916) 445-4688

    Mailing Address:

    State Capitol
    Room 2031
    Sacramento, CA 95814

  14. #14
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    Here's a bill:

    Assembly - House Legislative Bill (A$$ H@L* BILL) No. 001.

    No legislator shall be allowed to introduce more than one bill a month, each bill shall not have more than thirty words, and shall follow common sense as defined by the majority of people affected by the bill.

    Each time a bill is introduced by a legislator that is not agreed upon by the majority of people affected by the bill, it shall cause the legislator to be confined to a room in the assembly building, each confinement shall be in a manner that that would make the legislator inaccessible to anyone, and shall remain there until logic had been restored.



    Mods, feel free to edit.

  15. #15
    Anti-Saldana Freedom Fighter Sons of Liberty's Avatar
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    Here's another bill:

    "Every proposed bill that passes the House and the Senate shall be confirmed with a vote of the people. Each sponsor of a bill, which does notgetconfirmed by a vote of the people, shall be subject to an immediate (within 7 days) recall vote. The recall vote shall be open to all registered voters in the State. The recalled representative shall not be eligible for re-electionor appointment to anyState position."

    My employer notified me today that my state income taxes are going up. I didn't vote for that!
    Clinging to God & Guns: The Constitution Restoration Project

  16. #16
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    Latest Info:

    07/07/2009 - Today, AB962 Handgun Ammo sales restriction passed the Senate Public Safety Comminttee. It will now go to the Senate Appropriations Committee. Please contact the members of the committee and urge a NO vote on AB 962.

    Action needed:

    Use the ONE-CLICK MESSAGE CENTER to easily address policy makers on this issue

    Contact as many members of the SENATE APPROPRIATIONS COMMITTEE as possible INDIVIDUALLY

    Update provided by CalNRA.com

  17. #17
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    obeygiant wrote:
    Latest Info:

    07/07/2009 - Today, AB962 Handgun Ammo sales restriction passed the Senate Public Safety Comminttee. It will now go to the Senate Appropriations Committee. Please contact the members of the committee and urge a NO vote on AB 962.

    Action needed:

    Use the ONE-CLICK MESSAGE CENTER to easily address policy makers on this issue

    Contact as many members of the SENATE APPROPRIATIONS COMMITTEE as possible INDIVIDUALLY

    Update provided by CalNRA.com
    This system costs money to contact your reps?

  18. #18
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    AyatollahGondola wrote:
    obeygiant wrote:
    Latest Info:

    07/07/2009 - Today, AB962 Handgun Ammo sales restriction passed the Senate Public Safety Comminttee. It will now go to the Senate Appropriations Committee. Please contact the members of the committee and urge a NO vote on AB 962.

    Action needed:

    Use the ONE-CLICK MESSAGE CENTER to easily address policy makers on this issue

    Contact as many members of the SENATE APPROPRIATIONS COMMITTEE as possible INDIVIDUALLY

    Update provided by CalNRA.com
    This system costs money to contact your reps?
    No, I thought that initially as well until I read the text in Red. I think it is there as a deterrent to those that would use it for other non-RKBA issues. See below:

    These provisions do NOT apply to users of these services that lobby for the defense of the Right-To-Keep-And-Bear-Arms, as directed by The NRA Members' Councils of California.

  19. #19
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    I set up this "copy and paste" letter on FreedomSpeaks if anyone is interested. They will email and fax to all of the members that you select for free,registration is required though. It will also allow you to resend your letter, or mine if you choose to use it, multiple times.

    Wednesday, 07/08/2009 @ 11:43 PM
    To whom it may concern:

    I am writing to express my opposition to AB 962 which would require that all lawful purchases of handgun ammunition be registered to the buyer by the ammunition seller who must keep the records on the premises for review by law enforcement.

    It would also require that ammunition buyers must make their purchases in person, not by mail order or the internet, that handgun ammunition not be displayed by retailers in a location where customers can have access to it, thus necessitating that the retailer obtain it from storage upon the specific request of a potential buyer, and other related provisions.

    AB 962 is unnecessary, costly and would be a burden to lawful dealers and lawful ammunition buyers. If its purpose is to prevent crimes involving the use or possession of a handgun, it would be ineffective.

    Those who would use firearms and ammunition illegally can, and do, easily obtain them from out of state sources or from the local underground marketplace. This bill would affect only lawful businesses and individuals. It would have no deterrent effect on criminals.

    The damage it would do to retailers and their customers is substantial and unjustifiable. Accordingly,I am strongly opposed to the enactment of AB 962.

    Please also consider that the Department of Finance Bill Analysis has already reviewed AB962 and is opposed to it being enacted. Please see their conclusions below:

    __________________________________________________ _______________
    Position of the Department of Finance Bill Analysis
    __________________________________________________ _______________
    Original Link: http://www.dof.ca.gov/legislative_an...PM-AB00962.pdf

    DEPARTMENT OF FINANCE BILL ANALYSIS
    AMENDMENT DATE: Original BILL NUMBER: AB 962
    POSITION: Oppose AUTHOR: K. De Leon


    BILL SUMMARY: Ammunition

    This bill would establish a database maintained by the Department of Justice (DOJ) to serve as a registry of handgun ammunition vendors. Additionally, the bill would require that, beginning July 1, 2010, no person shall sell or transfer specified rounds of handgun ammunition in any month unless he or she is licensed as a handgun ammunition vendor.

    FISCAL SUMMARY

    Although DOJ has not provided a fiscal estimate for this bill, Finance believes creating a new database and registration program would require significant staff and contract resources. The bill would allow for a fee to be charged to cover DOJ’s costs, but caps that fee at $50. It is not clear that this program can be implemented at that fee level. If it cannot, DOJ would have to seek additional funding, creating pressure on
    other special funds and possibly the General Fund.

    COMMENTS

    Finance is opposed to this bill given the likely cost pressures it would impose and the significant resources it likely would require. Although the bill would provide for a fee to be charged for this purpose, absent specific information from DOJ, it is not clear the fee would be sufficient to fully fund this effort. Additionally, it may not be appropriate to impose additional workload during this time of limited state resources.

    Furthermore, given that the licensing restriction would be in effect on July 1, 2010, and this bill, if chaptered, would be effective on January 1, 2010, DOJ would have only months to prepare and implement this database. Also, no appropriation authority is provided in the bill, so it is unlikely DOJ would have additional appropriations to draw from when developing this new program in time for the July 1, 2010 date.

    Currently, DOJ maintains a database related to firearms transactions, which is supported by fees.

    The bill would create a new handgun ammunition tracking database and registration program for handgun ammunition vendors. The bill would allow for a fee of up to $50 to reimburse DOJ for its costs of administering the license program, maintaining the registry of handgun ammunition vendors and other regulatory functions, including enforcement.
    __________________________________________________ _______________

    AB962 infringes on the rights of every law abiding American to privacy and the 2nd Amendment. I respectfully request that you oppose this bill.

    Please vote NO on AB 962.

    Your Constituent

  20. #20
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    I spoke with Brandi at Senator Price's office and she happens to be the aide that is responsible for putting together the Senators brief on the Appropriations committee!

    I asked if the Senator had an opportunity to review the Department of Finance Bill Analyses' report on AB962 and she said that she has been so busy that she has not yet had time to get and prepare it for the Senator. I asked if she would like me to send her a copy and she said "Yes, that would save me a lot of time trying to locate it." I then asked if she would like me to fax or email it and she gave me her email address. Just called and confirmed that she did receive my email. She was very thankful for the report and assured me that Senator Price would read it before he voted.

    With all of that said, I can't stress enough how important it is for each of us to call and in a polite and respectful way let our opinion be known as you never know who you might influence.

  21. #21
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    Earlier this evening I called each of the members of the Senate Appropriations committee and got the following responses:

    • Senator Cox -Opposed
      Senator Corbett - over a 100 calls in opposition,added my name to the list
      Senator Leno - left a message
      Senator Oropeza - added my name to the list
      Senator Price - emailed Department of Finance Bill Analysis Report to Brandi the Senators Aide.
      Senator Runner - Opposed
      Senator Mimi Walters - Opposed
      Senator Wyland - Opposed
      Senator Yee - added my name to the list



    Keep it up guys!

  22. #22
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    DONE.

  23. #23
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    Called the Senate Appropriations Committee yesterday and I was told that AB962 has been scheduled for the 20th.

    Please consider sending a fax,calling the appropriations committee, even if you have already done so, asking them to oppose AB962.

    Call them and ask if the Senators have read the report by the Department of Financial Bill Analysis. Also make sure to ask them to put your name down on the Opposition list. Here's the phone number (916)651-4101 and a copy of the Report.

    Original Link

    DEPARTMENT OF FINANCE BILL ANALYSIS
    AMENDMENT DATE: Original BILL NUMBER: AB 962
    POSITION: Oppose AUTHOR: K. De Leon



    BILL SUMMARY: Ammunition

    This bill would establish a database maintained by the Department of Justice (DOJ) to serve as a registry of handgun ammunition vendors. Additionally, the bill would require that, beginning July 1, 2010, no person shall sell or transfer specified rounds of handgun ammunition in any month unless he or she is licensed as a handgun ammunition vendor.

    FISCAL SUMMARY

    Although DOJ has not provided a fiscal estimate for this bill, Finance believes creating a new database and registration program would require significant staff and contract resources. The bill would allow for a fee to be charged to cover DOJ’s costs, but caps that fee at $50. It is not clear that this program can be implemented at that fee level. If it cannot, DOJ would have to seek additional funding, creating pressure on
    other special funds and possibly the General Fund.

    COMMENTS

    Finance is opposed to this bill given the likely cost pressures it would impose and the significant resources it likely would require. Although the bill would provide for a fee to be charged for this purpose, absent specific information from DOJ, it is not clear the fee would be sufficient to fully fund this effort. Additionally, it may not be appropriate to impose additional workload during this time of limited state resources.

    Furthermore, given that the licensing restriction would be in effect on July 1, 2010, and this bill, if chaptered, would be effective on January 1, 2010, DOJ would have only months to prepare and implement this database. Also, no appropriation authority is provided in the bill, so it is unlikely DOJ would have additional appropriations to draw from when developing this new program in time for the July 1, 2010 date.

    Currently, DOJ maintains a database related to firearms transactions, which is supported by fees.

    The bill would create a new handgun ammunition tracking database and registration program for handgun ammunition vendors. The bill would allow for a fee of up to $50 to reimburse DOJ for its costs of administering the license program, maintaining the registry of handgun ammunition vendors and other regulatory functions, including enforcement.

  24. #24
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    Here's a quick summary of where we stand with the Senators that are on the Appropriation Committee.

    For
    Senator Mark Leno

    Unknown
    Senator Christine Kehoe
    Senator Ellen Corbett
    Senator Loni Hancock
    Senator Jenny Oropeza
    Senator Curren Price
    Senator Lois Wolk
    Senator Leland Yee

    Opposed
    Senator Dave Cox
    Senator Jeff Denham
    Senator George Runner
    Senator Mimi Walters
    Senator Mark Wyland

    Please focus your efforts on the "Unknown Senators" listed below:

    Name Email Phone Fax
    Senator Christine Kehoe, Senator.Kehoe@SENATE.CA.GOV, (916) 651-4039, (916) 327-2188
    Senator Ellen Corbett, Senator.Corbett@SENATE.CA.GOV, (916) 651-4010, (916) 327-2433
    Senator Loni Hancock, Senator.Hancock@SENATE.CA.GOV, (916) 651-4009, (916) 327-1997
    Senator Jenny Oropeza, Senator.Oropeza@SENATE.CA.GOV, (916) 651-4028, (916) 323-6056
    Senator Curren Price, Senator.Price@senate.ca.gov, (916) 651-4026, (916) 445-4026
    Senator Lois Wolk, Senator.Wolk@SENATE.CA.GOV, (916) 651-4005, (916) 323-2304
    Senator Leland Yee, Senator.Yee@SENATE.CA.GOV, (916) 651-4008, (916) 327-2186

  25. #25
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    Thank you Lord that I don't live in CA.

    It's hard enough to keep CA transplants from trying to get screwy CA-type anti-gun laws passed here. I can't imagine what a headache it would be trying to deal with all of the fruits, nuts and flakes in CA who have passed these laws (and try to abide by them).

    Good luck, everyone.

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