AB48. Firearms: ammunition: sales.

Summary

AB 48, as amended, Skinner. Firearms: ammunition: sales. (1) Except as specified, existing law makes it a crime to manufacture, import, keep for sale, offer or expose for sale, or give or lend any large-capacity magazine, and makes a large-capacity magazine a nuisance. Existing law defines "large-capacity magazine" to mean any ammunition feeding device with the capacity to accept more than 10 rounds but excludes, in pertinent part, a feeding device that has been permanently altered so that the magazine cannot accommodate more than 10 rounds. This bill would make it a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment, to knowingly manufacture, import, keep for sale, offer or expose for sale, or give or lend any device that is capable of converting an ammunition feeding device into a large-capacity magazine. The bill would revise the definition of "large-capacity magazine" to mean any ammunition feeding device with the capacity to accept more than 10 rounds, including a readily restorable, as defined, disassembled large-capacity magazine , that is readily restorable, as defined, to accommodate more than 10 rounds of ammunition, and an oversize magazine body that appears to hold in excess of 10 rounds but has not been permanently altered to only accommodate 10 rounds of ammunition or less . The bill would make related, conforming changes. By creating a new crime, this bill would impose a state-mandated local program. (2) Existing law prohibits any person, corporation, or dealer from selling ammunition to a person under 18 years of age, selling ammunition designed for use in a handgun to a person under 21 years of age, or providing possession of any ammunition to any minor who the person, corporation, or dealer knows is prohibited from possessing that ammunition at that time. Existing law prohibits a person, corporation, or firm from giving possession or control of ammunition to any person who he or she knows is prohibited by law from possessing ammunition. Existing law also regulates handgun ammunition vendors and provides that a handgun ammunition vendor shall not permit any employee who the vendor knows or reasonably should know is a person who has been convicted of a felony or other specified crimes to handle, sell, or deliver handgun ammunition in the course and scope of employment. This bill would require the Department of Justice to keep a centralized list of licensed ammunition vendors who meet certain specified requirements. The bill would require anyone in the state, prior to selling or otherwise transferring ownership of any ammunition to an individual or business entity in this state or any other state , to possess a license to sell ammunition or a license to sell firearms, as provided, be an ammunition vendor, defined as a person who is currently on the centralized list of ammunition vendors, to require proper identification, as prescribed, and to report the sales to the Department of Justice. An individual who fails to make the required report or who knowingly makes a report with false or fictitious information violates these provisions would be guilty of a crime, and the ammunition dealer vendor would be subject to an administrative enforcement action by the department as specified to remove the vendor from the centralized list of ammunition vendors . This bill would exempt an individual in the state who sells, transfers, or furnishes ammunition to certain specified law enforcement individuals from those identification and reporting requirements. By creating a new crime, this bill would impose a state-mandated local program. The bill would require the department to alert local law enforcement entities in the community in which the purchaser resides if an individual purchaser who is not a peace officer obtains more than 3,000 rounds within a 5-day period. The bill would allow a person to request a license to sell ammunition from the Department of Justice to be an ammunition vendor , would require the department to conduct a background check to determine if the applicant is prohibited by state or federal law from possessing a firearm, and would require the department to issue a license to sell be an ammunition vendor to an applicant if the applicant is not prohibited. The bill would require the department to adopt regulations to recover the costs of administering the program by imposing a fee on applicants. The bill would require the department to create the California Ammunition Database, and would require the department to cross-reference specified information about ammunition purchasers provided by licensed ammunition dealers vendors with the Prohibited Armed Persons File. If the dealer ammunition vendor failed to report that information, the bill would authorize an administrative enforcement action against the dealer vendor by the department. The bill would make these provisions and the above reporting requirements regarding the sale of ammunition operative upon the creation of the California Ammunition Database by the department. The bill would require the department to adopt regulations and to recover costs of administering the program by imposing a fee on ammunition dealers. (3) 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.