BILL NUMBER: SB 53	AMENDED
	BILL TEXT

	AMENDED IN SENATE  MARCH 21, 2013

INTRODUCED BY   Senator De León
   (Principal coauthor: Senator Yee)
   (  Coauthor:   Senator  
Steinberg   Coauthors:   Senators  
Leno   and Steinberg  )
   (  Coauthor:   Assembly Member 
 Skinner   Coauthors:   Assembly
Members   Skinner   and Ting  )

                        DECEMBER 20, 2012

   An act to amend Sections 11106, 17315,  30000, 30005, 30010,
 30312,  30345,  30347, 30350, 30352, and 30365 of, to
amend the heading of Article 3 (commencing with Section 30345) of
Chapter 1 of Division 10 of Title 4 of Part 6 of, to add 
Section   Sections  16663  and 30348  to,
 and  to add Article 4 (commencing with Section
30370) to Chapter 1 of Division 10 of Title 4 of Part 6 of,  and
to add Article 5 (commencing with Section 30380) to Chapter 1 of
Division 10 of Title 4 of Part 6 of,  the Penal Code, relating
to ammunition.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 53, as amended, De León. Ammunition: purchase permits.
   (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.
   This bill would require the Attorney General to also maintain
copies of ammunition purchase permits  , information about
ammunition transactions, as specified, and ammunition vendor
licenses, as specified,  for those purposes. 
   (2) Existing law establishes the Prohibited Armed Persons File,
the purpose of which is to cross-reference person who are prohibited
from possessing firearms with records of firearm transactions, as
specified, 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 expand the Prohibited Armed Persons File to
address persons prohibited from acquiring ammunition, and would
similarly cross-reference those persons with records of ammunition
transactions, as specified, to determine if these persons have
acquired or attempted to acquire ammunition.  
   (2) 
    (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. 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" as defined  
vendor," and, commencing July 1, 2014, who is   licensed, as
specified,  for those and other purposes. The bill would make
additional conforming changes. 
   (3) 
    (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. 
   (4) 
    (5   )  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.  The bill would, commencing July 1, 2014, require the
vendor to submit specified information about the ammunition
transaction to the Department of Justice.  The bill would,
commencing  September 1, 2014   July 1, 2017
 , and subject to exceptions, require the purchaser of
ammunition to hold an ammunition purchase permit, or other specified
permit, license, or certificate pertaining to acquisition,
possession, or carrying firearms, as provided, or other specified
documentation for a person who is not a state resident. The bill
would, commencing  September 1, 2014   July 1,
2017  , require the vendor to submit to the Department of
Justice information demonstrating compliance with that verification
requirement, as specified. The bill would, commencing  June
1, 2014   January 1, 2017  , authorize issuance of
ammunition purchase permits by the Department of Justice to
applicants who are residents of this state, at least 18 years of age,
not prohibited from acquiring or possessing ammunition, and who pay
the required fees, as specified. The bill would establish an
application process and specify the information to be displayed on
the permit. The bill would provide that the permit authorizes the
holder to purchase ammunition from an ammunition vendor. 
   (6) The bill would authorize the Department of Justice to issue
ammunition vendor licenses, commencing July 1, 2014. The bill would
require an ammunition vendor to be licensed, commencing July 1, 2014,
in order to sell or transfer ownership of ammunition. Violation of
these provisions would be a misdemeanor. The bill would create an
application process and a registry for licensed ammunition vendors,
as specified. 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.  
   By creating a new crime, this bill would impose a state-mandated
local program.  
   (7) The bill would require the Attorney General to report to the
Legislature, on or before January 1, 2016, on the feasibility and
costs of implementing an instantaneous background check system for
purposes of evaluating prospective ammunition purchasers, as
specified. The bill would state the intent of the Legislature in this
regard.  
   (5) 
    (8)  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, as added by Section
2.5 of Chapter 745 of the Statutes of 2011, 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 (b), the arrest and prosecution of criminals, and
the recovery of lost, stolen, or found property, the Attorney General
shall keep and properly file a complete record of all copies of
fingerprints, copies of licenses to carry firearms issued pursuant to
Section 26150, 26155, 26170, or 26215, information reported to the
Department of Justice pursuant to Section 26225, copies of permits
authorized in Section 30370,  ammunition vendor license
information pursuant to Article 5 (commencing with Section 30380) of
Chapter 1 of Division 10 of Title 4 of Part   6, information
required by subdivisions (a), (b), and (c) of Section 30352, 
dealers' records of sales of firearms, reports provided pursuant to
Article 1 (commencing with Section 27500) of Chapter 4 of Division 6
of Title 4 of Part 6, or pursuant to any provision listed in
subdivision (a) of Section 16585, forms provided pursuant to Section
12084, as that section read prior to being repealed, reports provided
pursuant to Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of Title 4
of Part 6, that are not dealers' records of sales of firearms, 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) The Attorney General shall permanently keep and properly
file and maintain all information reported to the Department of
Justice pursuant to the following provisions as to firearms and
maintain a registry thereof:
   (A) Article 1 (commencing with Section 26700) and Article 2
(commencing with Section 26800) of Chapter 2 of Division 6 of Title 4
of Part 6.
   (B) Article 1 (commencing with Section 27500) of Chapter 4 of
Division 6 of Title 4 of Part 6.
   (C) Chapter 5 (commencing with Section 28050) of Division 6 of
Title 4 of Part 6.
   (D) Any provision listed in subdivision (a) of Section 16585.
   (E) Former Section 12084.
   (F) Any other law.
   (2) The registry shall consist of all of the following:
   (A) The name, address, identification of, place of birth (state or
country), complete telephone number, occupation, sex, description,
and all legal names and aliases ever used by the owner or person
being loaned the particular firearm as listed on the information
provided to the department on the Dealers' Record of Sale, the Law
Enforcement Firearms Transfer (LEFT), as defined in former Section
12084, or reports made to the department pursuant to any provision
listed in subdivision (a) of Section 16585 or any other law.
   (B) The name and address of, and other information about, any
person (whether a dealer or a private party) from whom the owner
acquired or the person being loaned the particular firearm and when
the firearm was acquired or loaned as listed on the information
provided to the department on the Dealers' Record of Sale, the LEFT,
or reports made to the department pursuant to any provision listed in
subdivision (a) of Section 16585 or any other law.
   (C) Any waiting period exemption applicable to the transaction
which resulted in the owner of or the person being loaned the
particular firearm acquiring or being loaned that firearm.
   (D) The manufacturer's name if stamped on the firearm, model name
or number if stamped on the firearm, and, if applicable, the serial
number, other number (if more than one serial number is stamped on
the firearm), caliber, type of firearm, if the firearm is new or
used, barrel length, and color of the firearm, or, if the firearm is
not a handgun and does not have a serial number or any identification
number or mark assigned to it, that shall be noted.
   (3) Information in the registry referred to in this subdivision
shall, upon proper application therefor, be furnished to the officers
referred to in Section 11105, to a city attorney prosecuting a civil
action, solely for use in prosecuting that civil action and not for
any other purpose, or to the person listed in the registry as the
owner or person who is listed as being loaned the particular firearm.

   (4) If any person is listed in the registry as the owner of a
firearm through a Dealers' Record of Sale prior to 1979, and the
person listed in the registry requests by letter that the Attorney
General store and keep the record electronically, as well as in the
record's existing photographic, photostatic, or nonerasable optically
stored form, the Attorney General shall do so within three working
days of receipt of the request. The Attorney General shall, in
writing, and as soon as practicable, notify the person requesting
electronic storage of the record that the request has been honored as
required by this paragraph.
   (c) (1) 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 26225,
Article 1 (commencing with Section 26700) and Article 2 (commencing
with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6,
Article 1 (commencing with Section 27500) of Chapter 4 of Division 6
of Title 4 of Part 6, Chapter 5 (commencing with Section 28050) of
Division 6 of Title 4 of Part 6, Article 2 (commencing with Section
28150) of Chapter 6 of Division 6 of Title 4 of Part 6, Article 5
(commencing with Section 30900) of Chapter 2 of Division 10 of Title
4 of Part 6, Chapter 2 (commencing with Section 33850) of Division 11
of Title 4 of Part 6, or any provision listed in subdivision (a) of
Section 16585, 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.
   (d) This section shall become operative January 1, 2014.
  SEC. 2.  Section 16663 is added to the Penal Code, to read:
   16663.   (a)    As used in this part,
"ammunition vendor" means any person, firm, corporation, dealer, or
any other business enterprise that is engaged in the retail sale of
any ammunition, or that holds itself out as engaged in the business
of selling any ammunition. 
   (b) Commencing July 1, 2014, "ammunition vendor" means any person
or entity described in subdivision (a) who has a current ammunition
vendor license, pursuant to Section 30380. 
  SEC. 3.  Section 17315 of the Penal Code is amended to read:
   17315.  As used in Article 3 (commencing with Section 30345) of
Chapter 1 of Division 10 of Title 4, "vendor" means an ammunition
vendor.
   SEC. 4.    Section 30000 of the   Penal Code
  is amended to read: 
   30000.  (a) The Attorney General shall establish and maintain an
online database to be known as the Prohibited Armed Persons File. The
purpose of the file is to cross-reference persons who have ownership
or possession of a firearm on or after January 1, 1991, as indicated
by a record in the Consolidated Firearms Information System, and
who, subsequent to the date of that ownership or possession of a
firearm, fall within a class of persons who are prohibited from
owning or possessing a firearm. 
   (b) Commencing January 1, 2014, the file shall also be used to
cross-reference persons who acquire ammunition to determine if those
persons fall within a class of persons who are prohibited from owning
or possessing ammunition.  
   (b) 
    (c)  The information contained in the Prohibited Armed
Persons File shall only be available to those entities specified in,
and pursuant to, subdivision (b) or (c) of Section 11105, through the
California Law Enforcement Telecommunications System, for the
purpose of determining if persons are armed and prohibited from
possessing firearms  or ammunition  .
   SEC. 5.    Section 30005 of the   Penal Code
  is amended to read: 
   30005.  The Prohibited Armed Persons File database shall function
as follows:
   (a) Upon entry into the Automated Criminal History System of a
disposition for a conviction of any felony, a conviction for any
firearms-prohibiting charge specified in Chapter 2 (commencing with
Section 29800), a conviction for an offense described in Chapter 3
(commencing with Section 29900), a firearms prohibition pursuant to
Section 8100 or 8103 of the Welfare and Institutions Code, or any
firearms possession prohibition identified by the federal National
Instant Criminal Background Check System, the Department of Justice
shall determine if the subject has an entry in the Consolidated
Firearms Information System indicating possession or ownership of a
firearm on or after January 1, 1991, or an assault weapon
registration, or a .50 BMG rifle registration  , or, commencing
January 1, 2014, acquisition of ammunition  .
   (b) Upon an entry into any department automated information system
that is used for the identification of persons who are prohibited by
state or federal law from acquiring, owning, or possessing firearms,
the department shall determine if the subject has an entry in the
Consolidated Firearms Information System indicating ownership or
possession of a firearm on or after January 1, 1991, or an assault
weapon registration, or a .50 BMG rifle registration  , or
information received pursuant to subdivision (b) of Section 30352
 .
   (c) If the department determines that, pursuant to subdivision (a)
or (b), the subject has an entry in the Consolidated Firearms
Information System indicating possession or ownership of a firearm on
or after January 1, 1991, or an assault weapon registration, or a .
50 BMG rifle registration, or information received pursuant to
subdivision (b) of Section 30352,  the following information
shall be entered into the Prohibited Armed Persons File:
   (1) The subject's name.
   (2) The subject's date of birth.
   (3) The subject's physical description.
   (4) Any other identifying information regarding the subject that
is deemed necessary by the Attorney General.
   (5) The basis of the firearms  and ammunition  possession
prohibition.
   (6) A description of all firearms owned or possessed by the
subject, as reflected by the Consolidated Firearms Information
System.
   SEC. 6.    Section 30010 of the   Penal Code
  is amended to read: 
   30010.  The Attorney General shall provide investigative
assistance to local law enforcement agencies to better ensure the
investigation of individuals who are armed and prohibited from
possessing a firearm  or who are prohibited from possessing
ammunition  .
   SEC. 4.   SEC. 7.   Section 30312 of the
Penal Code is amended to read:
   30312.  (a) The delivery or transfer of ownership of ammunition
may only occur in a face-to-face transaction with the deliverer or
transferor being provided bona fide evidence of identity from the
purchaser or other transferee.
   (b) Subdivision (a) shall not apply to or affect the sale,
delivery, or transfer of ammunition to any of the following:
   (1) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale,
delivery, or transfer is for exclusive use by that government agency
and, prior to the sale, delivery, or transfer of the ammunition,
written authorization from the head of the agency employing the
purchaser or transferee is obtained, identifying the employee as an
individual authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency employing the
individual.
   (2) A sworn peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of the officer's duties.
   (3) An importer or manufacturer of ammunition or firearms who is
licensed to engage in business pursuant to Chapter 44 (commencing
with Section 921) of Title 18 of the United States Code and the
regulations issued pursuant thereto.
   (4) A person who is on the centralized list maintained by the
Department of Justice pursuant to Article 6 (commencing with Section
28450) of Chapter 6 of Division 6 of this title.
   (5) A person whose licensed premises are outside this state and
who is licensed as a dealer or collector of firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
   (6) A person who is licensed as a collector of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, whose
licensed premises are within this state, and who has a current
certificate of eligibility issued by the Department of Justice
pursuant to Section 26710.
   (7) An ammunition vendor.
   (8) A consultant-evaluator.
   (c) A violation of this section is a misdemeanor.
   SEC. 5.   SEC. 8.   The heading of
Article 3 (commencing with Section 30345) of Chapter 1 of Division 10
of Title 4 of Part 6 of the Penal Code is amended to read:

      Article 3.  Ammunition Vendors


   SEC. 9.    Section 30345 of the   Penal Code
  is amended to read: 
   30345.   (a)    A vendor shall comply with all
of the conditions, requirements, and prohibitions stated in this
article. 
   (b) Commencing July 1, 2014, an ammunition vendor shall be
licensed by the Department of Justice in order to sell or otherwise
transfer ownership of ammunition. 
   SEC. 6.   SEC. 10.   Section 30347 of
the Penal Code is amended to read:
   30347.  A vendor shall not permit any employee who the vendor
knows or reasonably should know is a person described in Chapter 2
(commencing with Section 29800) or Chapter 3 (commencing with Section
29900) of Division 9 of this title or Section 8100 or 8103 of the
Welfare and Institutions Code to handle, sell, or deliver ammunition
in the course and scope of employment.
   SEC. 11.    Section 30348 is added to the  
Penal Code   , to read:  
   30348.  (a) Except as provided in subdivision (b), the sale or
other transfer of ownership of ammunition shall be conducted at the
location specified in the license.
   (b) A vendor may sell or otherwise transfer ownership of
ammunition at a gun show or event if the gun show or event is not
conducted from any motorized or towed vehicle.
   (c) For purposes of this section, "gun show or event" means a
function sponsored by any national, state, or local organization,
devoted to the collection, competitive use, or other sporting use of
firearms, or an organization or association that sponsors functions
devoted to the collection, competitive use, or other sporting use of
firearms in the community.
   (d) Sales or other transfers of ownership of ammunition at a gun
show or event shall comply with Sections 30347, 30350, 30352, and
30360. 
   SEC. 7.   SEC. 12.   Section 30350 of
the Penal Code is amended to read:
   30350.  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
ammunition in a manner that allows that ammunition to be accessible
to a purchaser or transferee without the assistance of the vendor or
an employee of the vendor.
   SEC. 8.   SEC. 13.   Section 30352 of
the Penal Code is amended to read:
   30352.  (a) A vendor shall not sell or otherwise transfer
ownership of any ammunition without, at the time of delivery, legibly
recording the following information:
   (1) The date of the sale or other transaction.
   (2) The purchaser's or transferee's driver's license or other
identification number and the state in which it was issued.
   (3) The brand, type, and amount of ammunition sold or otherwise
transferred.
   (4) The purchaser's or transferee's signature.
   (5) The name of the salesperson who processed the sale or other
transaction.
   (6) The right thumbprint of the purchaser or transferee on the
above form.
   (7) The purchaser's or transferee's full residential address and
telephone number.
   (8) The purchaser's or transferee's date of birth. 
   (b) Commencing July 1, 2014, the vendor shall submit to the
department the information required by subdivision (a) in a format
and a manner prescribed by the department for all sales or other
transfers of ownership of ammunition.  
   (b) 
    (c)  Commencing  September 1, 2014 
 July 1, 2017  , an ammunition vendor shall submit
information in a format prescribed by the department to show
compliance with subdivision  (c)   (d)  .

   (c) 
    (d)  Commencing on  September 1, 2014 
 July 1, 2017  , only those persons listed below or those
persons or entities listed in subdivision  (d)  
(f)  shall be permitted to purchase ammunition. Prior to the
delivery of the ammunition, the vendor shall verify that the person
who is receiving delivery of the ammunition is a properly identified
person or entity listed in subdivision  (d)  
(f)  or one of the following:
   (1) A holder of a valid ammunition purchase permit issued pursuant
to Section 30370.
   (2) A person who is authorized to carry loaded firearms pursuant
to Section 25900, 25905, 25910, 25925, 26010, 26015, 26025, or 26030.

   (3) A holder of a special weapons permit issued by the department
pursuant to Section 32650 or 33300, pursuant to Article 3 (commencing
with Section 18900) of Chapter 1 of Division 5 of Title 2, or
pursuant to Article 4 (commencing with Section 32700) of Chapter 6 of
this division.
   (4) A holder of a current certificate of eligibility issued
pursuant to Section 26710.
   (5) A holder of a valid entertainment firearms permit issued
pursuant to Chapter 2 (commencing with Section 29500) of Division 8.
   (6) If a person is not the holder of an ammunition purchase permit
because he or she is not a resident of this state, then pursuant to
procedures prescribed by the department, the person presents
documentation to the vendor that shows that the person would not be
prohibited from acquiring or possessing ammunition within this state.

   (e) Commencing July 1, 2017, the vendor shall verify that the
ammunition purchase permit is valid by contacting the department for
each ammunition transaction, in a manner prescribed by the
department. The department shall conduct an instantaneous background
check to determine if the permitee is prohibited from possessing
ammunition. The department shall approve or deny the transaction on
the basis of the background check and shall inform the vendor. 

   (d) Subdivision 
    (f)     Subdivisions  (a)  and (e
  )  shall not apply to or affect sales or other
transfers of ownership of ammunition by ammunition vendors to any of
the following, if properly identified:
   (1) A person licensed pursuant to Sections 26700 to 26915,
inclusive.
   (2) An ammunition vendor.
   (3) A person who is on the centralized list maintained by the
department pursuant to Article 6 (commencing with Section 28450) of
Chapter 6 of Division 6 of this title.
   (4) A target facility that holds a business or regulatory license.

   (5) A gunsmith.
   (6) A wholesaler.
   (7) A manufacturer or importer of firearms or ammunition licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code, and the regulations issued pursuant thereto.
   (8) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale
or other transfer of ownership is for exclusive use by that
government agency, and, prior to the sale, delivery, or transfer of
the ammunition, written authorization from the head of the agency
authorizing the transaction is presented to the person from whom the
purchase, delivery, or transfer is being made. Proper written
authorization is defined as verifiable written certification from the
head of the agency by which the purchaser, transferee, or person
otherwise acquiring ownership is employed, identifying the employee
as an individual authorized to conduct the transaction, and
authorizing the transaction for the exclusive use of the agency by
which that individual is employed.
   SEC. 9.   SEC. 14.   Section 30365 of
the Penal Code is amended to read:
   30365.  (a) A violation of  subdivision (b) of Section 30345,
 Section 30347, 30350, 30352, 30355, 30360, or 30362 is a
misdemeanor.
   (b) The provisions of this section are cumulative, and shall not
be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
   SEC. 10.   SEC. 15.   Article 4
(commencing with Section 30370) is added to Chapter 1 of Division 10
of Title 4 of Part 6 of the Penal Code, to read:

      Article 4.  Ammunition Purchase Permits


   30370.  (a) (1) Commencing on  June 1, 2014  
January 1, 2   01   7  , any person who is a
resident of this state and who is 18 years of age or older may apply
to the department for an ammunition purchase permit, in a format to
be prescribed by the department.
   (2) The ammunition purchase permit shall entitle the permitholder
to purchase or otherwise acquire ownership of ammunition from an
ammunition vendor as that term is defined in Section 16663 and shall
have no other force or effect.
   (b) The department shall issue an ammunition purchase permit to
the applicant if all of the following conditions are met:
   (1) The applicant is 18 years of age or older.
   (2) The applicant is not prohibited from acquiring or possessing
ammunition by the laws of this state.
   (3) The applicant pays the fees set forth in subdivision (i).
   (c) (1) Upon receipt of an initial or renewal application, the
department shall examine its records and is authorized to request
records from the State Department of  Mental Health 
 State Hospitals  , pursuant to Section 8104 of the Welfare
and Institutions Code, and if authorized, the National Instant
Criminal Background Check System, as described in  of
 Section 922(t) of Title 18 of the United States Code, in
order to determine if the applicant is prohibited from possessing or
acquiring ammunition.
   (2) The applicant shall be approved or denied within 30 days of
the date of the application. If the application is denied, the
department shall state the reasons for doing so and provide the
applicant an appeal process to challenge that denial.
   (d) The ammunition purchase permit shall be valid for  one
year   five years  from the date of issuance.
   (e) The department shall send a notice of the expiration of an
ammunition purchase permit, by first-class mail or other means that
are equivalent, including electronic mail, to the address of the
person as shown by the records of the department, not less than 90
days before the expiration date, and shall enclose or contain a form
for the renewal of the permit.
   (f) The ammunition purchase permit shall be revoked by the
department upon the occurrence of any event which would have
disqualified the holder from being issued the ammunition purchase
permit pursuant to this section.
   (g) The ammunition purchase permit shall be in a tamper-proof form
prescribed by the department and shall include the name, address,
photograph, date of birth, a unique identifying number, expiration
date from the date of issuance, physical characteristics, including
the height, weight, eye color, and hair color of the permitholder,
and other information that may be prescribed by the department.
   (h) The department shall recover the reasonable cost of
administering this section by charging applicants an initial
application and  annual   a  renewal
application fee.
   (i) All fees received pursuant to this section shall be deposited
into the Dealer's Record of Sale Special Account of the General Fund.

   (j) The implementation of this section by the department is exempt
from the Administrative Procedure Act (Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code).
   (k) The department shall annually review and shall adjust the fees
specified in subdivision (h), if necessary, to fully fund, but not
to exceed the reasonable costs of, the permit program provided by
this section, including the enforcement of this program.
   (l) The Attorney General is authorized to adopt regulations to
implement the provisions of this section.
   SEC. 16.    Article 5 (commencing with Section 3038
  0) is added to Chapter 1 of Division 10 of  
Title 4 of Part 6 of the   Penal Code   , to read:
 

      Article 5.  Ammunition Vendor Licenses


   30380.  (a) Commencing July 1, 2014, no ammunition vendor shall
sell or otherwise transfer ownership of ammunition unless the vendor
is licensed pursuant to Section 30385.
   (b) A violation of this section is a misdemeanor.
   30385.  (a) The Department of Justice is authorized to issue
ammunition vendor licenses pursuant to this article. The department
shall, commencing March 1, 2014, commence accepting applications for
ammunition vendor licenses. The department shall issue a license or
deny the application for a license within 30 days of receipt of the
application. If the application is denied, the department shall
inform the applicant of the reason for denial in writing.
   (b) The ammunition vendor license shall be issued in a form
prescribed by the Attorney General and shall be valid for a period of
one year. The Attorney General may adopt regulations to administer
application and enforcement provisions of this article.
   30390.  (a) The department may charge ammunition vendor license
applicants a fee sufficient to reimburse the department for the
reasonable costs of administering the license program, maintaining
the registry of ammunition vendors, and necessary enforcement,
provided however, that the fee shall not exceed fifty dollars ($50).
   (b) The fees received by the department pursuant to this article
shall be deposited in the Dealers' Record of Sale Account of the
General Fund.
   30395.  (a) The department shall issue ammunition vendor licenses
pursuant to this article to the following applicants:
   (1) A licensed firearms dealer.
   (2) Persons on the centralized list maintained by the department
pursuant to Section 28450.
   (3) A target facility holding a business or other regulatory
license.
   (4) A gunsmith.
   (5) A firearms wholesaler.
   (6) A manufacturer or importer of firearms or ammunition licensed
pursuant to Chapter 44 (commencing with Section 921) of Title 18 of
the United States Code, and the regulations issued pursuant thereto.
   (b) The department shall keep a registry of all licensed
ammunition vendors. No ammunition vendor shall sell or transfer
ownership of ammunition unless listed on the registry.
   (c) The department may remove an ammunition vendor from the
registry for a violation of this article or a violation of Article 3
(commencing with Section 30345) for a period not to exceed six
months.
   (d) The department shall revoke the license of any ammunition
vendor who violates this article or Article 3 (commencing with
Section 30345) in any combination three times. The ammunition vendor
shall thereafter be permanently ineligible for an ammunition vendor
license.
   30400.  (a) The Attorney General shall prepare and submit to the
Legislature on or before January 1, 2016, a report concerning all of
the following:
   (1) Recommendations for a clear and succinct general procedure
whereby a system may be instituted for instantaneous background
checks that can be conducted for all persons attempting to purchase
ammunition.
   (2) The feasibility of integration of that system into the current
firearm registration system.
   (3) The feasibility and costs of creating that type of background
check system.
   (4) The overall costs of creating and maintaining, and the costs
to individuals of using, that system.
   (5) The effect of the system on overall efforts by the Department
of Justice in terms of information and computerized upgrades that the
department is currently undertaking.
   (6) Recommendations for any specific statutory changes necessary
to implement the system, if any.
   (b) The report required by subdivision (a) shall be submitted
pursuant to Section 9795 of the Government Code.
   (c) It is the intent of the Legislature to provide the Department
of Justice with sufficient flexibility to develop an instantaneous
background check system. The Legislature recognizes that the
Department may develop an alternative system than the one prescribed
by this measure. If that is the case, the Legislature may review that
system and enact legislation accordingly. 
   SEC. 11.   SEC. 17.   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.