SB 53

Bill Subjects

Abstract

(1) Existing law requires the Attorney General to maintain records, including among other things, fingerprints, licenses to carry concealed firearms, and information from firearms dealers pertaining to firearms, for purposes of assisting in the investigation of crimes, and specified civil actions. In regard to certain of those records, existing law authorizes specified peace officers to disseminate the name of the subject of the record, the number of firearms listed in the record, the description of any firearm, and other information reported to the Department of Justice, as specified, if the subject of the record has been arraigned, is being prosecuted, or is serving a sentence for domestic violence, or is the subject of specified protective orders. Existing law requires the law enforcement officer to provide a victim of domestic violence to whom information is disseminated with a "Victims of Domestic Violence" card, and authorizes the victim or other person to whom the information is disseminated to disclose that information as he or she deems necessary to protect himself, herself, or another person from bodily harm by the person who is the subject of the record. This bill would require the Attorney General to also maintain information about ammunition transactions, as specified, and ammunition vendor licenses, as specified, for those purposes. This bill would similarly authorize specified peace officers to disseminate the name of a person and the fact of any ammunition purchases by that person, as specified, if the subject of the record has been arraigned, is being prosecuted, or is serving a sentence for domestic violence, or is the subject of specified protective orders. The bill would require the law enforcement officer to provide a victim of domestic violence to whom information is disseminated with a "Victims of Domestic Violence" card, and would authorize the victim or other person to whom the information is disseminated to disclose that information as he or she deems necessary to protect himself, herself, or another person from bodily harm by the person who is the subject of the record. By imposing new duties on local law enforcement officers, this bill would impose a state‑mandated local program. (2) Existing law establishes the Prohibited Armed Persons File, the purpose of which is to cross-reference persons prohibited from possessing firearms with records of firearm transactions to determine if these persons have acquired or attempted to acquire firearms. Under existing law, a person who is prohibited from owning or possessing a firearm is prohibited from owning, possessing, or having under his or her custody or control, any ammunition or reloaded ammunition. The bill would also create a similar Prohibited Ammunition Purchaser File for these purposes. This bill would, commencing July 1, 2016, use the Prohibited Armed Persons File to cross-reference those persons with records of ammunition transactions to determine if these persons have acquired or attempted to acquire ammunition. (3) Existing law, subject to exceptions, requires that the delivery or transfer of ownership of handgun ammunition occur only in a face-to-face transaction and makes a violation of this requirement a crime. Existing law provides that the term "vendor" for purposes of ammunition sales is a "handgun ammunition vendor" as defined for those and other purposes. This bill would extend those provisions to any ammunition. The bill would provide that the term "vendor" for purposes of ammunition sales means "ammunition vendor," and, commencing July 1, 2016, who is licensed, as specified, for those and other purposes. The bill would provide that commencing July 1, 2016, only a licensed ammunition vendor may sell ammunition. The bill would create additional exemptions from these requirements for specified events conducted by a nonprofit entity, and for persons who hold a valid hunting license, as specified, and would make additional conforming changes. (4) Existing law prohibits an ammunition vendor from allowing a person the vendor knows or should know is a person who is prohibited from possessing firearms for specified reasons, from handling, selling, or delivering handgun ammunition in the course and scope of their employment. Existing law prohibits an ammunition vendor from selling or otherwise transferring ownership of, offering for sale or otherwise offering to transfer ownership of, or displaying for sale or displaying 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 an employee of the vendor. This bill would extend those prohibitions to any ammunition. The bill would provide that a violation of those provisions is a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. (5) Existing law requires ammunition vendors to maintain ammunition transaction records, as specified, on the vendor's premises for a period of 5 years. This bill would repeal the provisions requiring ammunition transaction records be maintained for 5 years by the vendor. (6) Existing law subject to exceptions, requires a handgun ammunition vendor to record specified information at the time of delivery of handgun ammunition to a purchaser, as specified. This bill would extend those provisions to transactions of any ammunition and would, commencing July 1, 2016, require the ammunition vendor to submit that information to the department, as specified. The bill would require the department to retain the information for 5 years in a database to be known as the Ammunition Purchase Records File and would prescribe the authority of the department and other entities to use the file, as specified. (7) The bill would authorize the Department of Justice to accept applications for ammunition vendor licenses, commencing January 1, 2016. The bill would require an ammunition vendor to be licensed, commencing July 1, 2016, in order to sell ammunition. Violation of these provisions would be a misdemeanor. The bill would create an application process for ammunition vendors, as specified. The bill would establish the Ammunition Vendors Special Account, into which vendor license fees would be deposited and made available, upon appropriation by the Legislature, to the Department of Justice for purposes of enforcing the ammunition vendor licensing provisions. The bill would require the ammunition vendor to conduct business at the location specified in the license, except in the case of gun shows or events, as specified. The bill would require the Attorney General to prepare and submit to the Legislature on or before July 1, 2017, a report concerning, among other things, recommendations for enhancements that could be made to the background check system, as specified. By creating a new crime, this bill would impose a state-mandated local program. (8) The bill would provide that for the provisions discussed above, as specified, "ammunition" does not include blanks. (9) Existing law establishes the Firearms Safety and Enforcement Special Fund, a continuously appropriated fund, for use by the Department of Justice for specified purposes related to weapons and firearms regulation. This bill would, notwithstanding that continuous appropriation, provide that these funds are available, upon appropriation by the Legislature, for specified purposes related to ammunition vendors and ammunition vendor licensing. (10) The bill would make additional nonsubstantive, technical changes. (11) This bill would incorporate additional changes to Section 11106 of the Penal Code proposed by SB 808 that would become operative if this bill and SB 808 are both enacted and this bill is enacted last. (12) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.