AB 156 — Ammunition.

Summary

(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 and ammunition vendor licenses for those purposes. The bill would similarly authorize specified agencies, officials, and 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 regarding an ammunition purchase is disseminated with a "Victims of Domestic Violence" card. By imposing new duties on local law enforcement officers, this bill would impose a state-mandated local program. (2) 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. This bill would extend those provisions, subject to exceptions, to any ammunition and would reorganize those provisions. (3) 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 provide that the term "vendor" for purposes of ammunition sales means "ammunition vendor" and, commencing January 1, 2018, means a licensed ammunition vendor. The bill would provide that commencing on January 1, 2018, only a licensed ammunition vendor may sell ammunition. The bill would revise the definition of "ammunition" for those purposes. (4) 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. This bill would, commencing July 1, 2019, use the Prohibited Armed Persons File to cross-reference persons who attempt to acquire ammunition, as specified, to determine if those persons are prohibited from possessing ammunition. (5) Existing law makes it a crime for a person, corporation, or firm to provide ammunition, as specified, to an individual that the person, corporation, or firm knows or should know is prohibited from possessing or 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 other business enterprise to provide, as specified, ammunition to an individual that the person, corporation, firm, or other business entity knows or has cause to believe is not the actual purchaser or transferee of the ammunition or knows or has cause to believe that the ammunition is to be sold or transferred to a person prohibited from possessing or owning ammunition. (6) 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 his or her 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 require that when neither party to the ammunition transaction is an ammunition dealer, the transaction be conducted by an ammunition dealer. The bill would, subject to exceptions, require a resident bringing ammunition into the state to have the ammunition delivered to an ammunition dealer for delivery to the person, as specified. The bill would provide that a violation of these provisions is a crime. (7) 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 on July 1, 2019, require the ammunition vendor to submit that information to the Department of Justice, as specified. The bill would require the department to retain the information for 2 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. The bill would, commencing on July 1, 2019, and subject to exceptions, require the purchaser of ammunition to be authorized to purchase ammunition by the department, as specified. The bill would require the department to cross-reference the Prohibited Armed Persons File and the Automated Firearms System for those transaction purposes. The bill would require, commencing on July 1, 2019, and subject to exceptions, that only persons listed in the Automated Firearms System, or who purchase a one-time ammunition transaction license from the department, would be able to purchase ammunition. A violation of these provisions would be a crime. The bill would authorize the department to accept applications for ammunition vendor licenses, commencing on July 1, 2017. The bill would require an ammunition vendor to be licensed, commencing on January 1, 2018, in order to sell ammunition. The bill would create an application process for ammunition vendors, as specified. The bill would establish the Ammunition Special Account, into which vendor license fees and ammunition transaction fees would be deposited and made available, upon appropriation by the Legislature, to the department for purposes of enforcing the ammunition vendor licensing and ammunition purchasing 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 ammunition sales at a gun show or event to comply with certain requirements pertaining to ammunition transfers and recordkeeping, the violation of which is a crime. (8) By expanding existing crimes and creating new crimes, this bill would impose a state-mandated local program. (9) 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.

Bill Text

• Amended 05/17/16 - Amended Senate Current pdf May 17, 2016
• Amended 05/04/16 - Amended Senate pdf May 04, 2016
• Amended 08/18/15 - Amended Senate pdf August 18, 2015
• Amended 07/01/15 - Amended Senate pdf July 01, 2015
• Amended 06/23/15 - Amended Senate pdf June 23, 2015
• Amended 06/01/15 - Amended Assembly pdf June 01, 2015
• Amended 04/27/15 - Amended Assembly pdf April 27, 2015
• Amended 04/16/15 - Amended Assembly pdf April 16, 2015
• Amended 03/26/15 - Amended Assembly pdf March 26, 2015
• Introduced 01/20/15 - Introduced pdf January 20, 2015
• AB156 View text html

Action History

1. June 30, 2016

   Ordered to inactive file at the request of Assembly Member McCarty.

2. June 22, 2016

   In Assembly. Concurrence in Senate amendments pending. May be considered on or after June 24 pursuant to Assembly Rule 77.

3. May 19, 2016

   Read third time. Passed. Ordered to the Assembly. (Ayes 24. Noes 15. Page 3899.).

4. May 17, 2016

   Read second time and amended. Ordered to third reading.

5. May 16, 2016

   From committee: Amend, and do pass as amended. (Ayes 5. Noes 2.) (May 16).

6. May 10, 2016

   From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (May 10). Re-referred to Com. on APPR.

7. May 04, 2016

   From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

8. May 04, 2016

   Re-referred to Com. on PUB. S.

9. April 25, 2016

   Re-referred to Com. on RLS.

10. April 25, 2016

    Withdrawn from committee.

11. August 27, 2015

    In committee: Held under submission.

12. August 24, 2015

    In committee: Referred to APPR. suspense file.

13. August 18, 2015

    Read second time and amended. Re-referred to Com. on APPR.

14. August 17, 2015

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 6. Noes 1.) (July 15).

15. July 01, 2015

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

16. June 25, 2015

    In committee: Set, first hearing. Hearing canceled at the request of author.

17. June 23, 2015

    From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on E.Q.

18. June 18, 2015

    Referred to Com. on E.Q.

19. June 03, 2015

    In Senate. Read first time. To Com. on RLS. for assignment.

20. June 03, 2015

    Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 1886.)

21. June 02, 2015

    Read second time. Ordered to third reading.

22. June 01, 2015

    Read second time and amended. Ordered returned to second reading.

23. June 01, 2015

    From committee: Amend, and do pass as amended. (Ayes 17. Noes 0.) (May 28).

24. April 29, 2015

    In committee: Set, first hearing. Referred to APPR. suspense file.

25. April 28, 2015

    Re-referred to Com. on APPR.

26. April 27, 2015

    From committee chair, with author's amendments: Amend, and re-refer to Com. on APPR. Read second time and amended.

27. April 20, 2015

    Re-referred to Com. on APPR.

28. April 16, 2015

    Read second time and amended.

29. April 15, 2015

    From committee: Amend, and do pass as amended and re-refer to Com. on APPR. (Ayes 8. Noes 0.) (April 13).

30. April 06, 2015

    Re-referred to Com. on NAT. RES.

31. March 26, 2015

    From committee chair, with author's amendments: Amend, and re-refer to Com. on NAT. RES. Read second time and amended.

32. February 02, 2015

    Referred to Com. on NAT. RES.

33. January 21, 2015

    From printer. May be heard in committee February 20.

34. January 20, 2015

    Read first time. To print.

Sponsors

• De León · Cosponsor
• McCarty · Primary

Votes

Subjects