AB962 California ammo ban bill passed

[1LJ]

AB962 passed out of the Senate Friday and was voted on and passed by the house on Saturday! This bill is now headed to the Governors desk for his consideration. The bill has been ammended but still requires buyers of handgun ammo to be fingerprinted at time of sale and a purchase form filled out which will be retained by DOJ thus creating a database of handgun owners. The bill also bans all mail order purchases of all ammo. Please contact Governor Schwarzenegger at 916-445-2841 or E-mail him at http://gov.ca.gov/interact and respectfully ask he not sign this bill into law.

[youngr24]

Done

[Redneck75]

Wish I was a resident of Cali so I could e-mail and contribute to the opposition of this. Unfortunately, I'm not...I'm just stationed in Cali and have to abide by these insane laws. Not like I'm new here either...16 years of living in Cali so I've been affected by most of them.

Wait...what the hell am I saying...only 4 more years and I'll be back home to Alaska where none of this BS would fly anyway. For now, I suppose I'll play along and deal with it.

[aerospace90248]

Originally Posted by 1LJ

AB962 passed out of the Senate Friday and was voted on and passed by the house on Saturday! This bill is now headed to the Governors desk for his consideration. The bill has been ammended but still requires buyers of handgun ammo to be fingerprinted at time of sale and a purchase form filled out which will be retained by DOJ thus creating a database of handgun owners. The bill also bans all mail order purchases of all ammo. Please contact Governor Schwarzenegger at 916-445-2841 or E-mail him at Governor Arnold Schwarzenegger - Interact and respectfully ask he not sign this bill into law.

Done, This is a really big issue. Unless people fight for their rights they will be taken away. This will also cause many internet companies that sell ammo to go out of business. Everyone please voice your opinion as it will effect you too if you do not.

-Trinidad
NRA Member

[Tinknocker101]

Sent Arnie my thoughts on this bill today. Please do not sign this bill as it is totally political and will not keep ammo out of the hands of criminals.

[Marty]

I sent an email, but I don't much like his automated system. It has you select a topic, and then identify whether you are pro or con on the issue.

I tried to call, but the number was busy.

[The Real McCoy]

The bill has been amended again. But, there are still some crappy provisions.

AB 962 Assembly Bill - AMENDED

Note: The crossed out sections are the removed areas of the bill.

______________________________________________

BILL NUMBER: AB 962 AMENDED BILL TEXT AMENDED IN SENATE SEPTEMBER 4, 2009 AMENDED IN SENATE JUNE 22, 2009 AMENDED IN ASSEMBLY JUNE 1, 2009INTRODUCED BY Assembly Member De Leon (Coauthor: Assembly Member Bonnie Lowenthal) FEBRUARY 26, 2009 An act to amend Sections 11106 and Section 12316 of, to add Sections 12317 and 12318 to, to add Article3.5 (commencing with Section 12060) to Chapter 1 of, to add a headingfor Chapter 2.6 (commencing with Section 12316) to, and to repealthe heading of Chapter 2.6 (commencing with Section 12320) of, Title2 of Part 4 of, the Penal Code, relating to ammunition. LEGISLATIVE COUNSEL'S DIGEST AB 962, as amended, De Leon. Ammunition. Existing law requires the Department of Justice to maintainrecords pertaining to firearms transactions. This bill would require the department to maintain additionalinformation relating to licensed handgun ammunition vendors, asspecified. Existing law generally regulates the sale of ammunition. This bill would establish a program administered by the Departmentof Justice for licensing handgun ammunition vendors, as specified. The bill would establish a database maintained by the departmentto serve as a registry of handgun ammunition vendors. This bill would require that commencing July 1, 2010, unlessspecifically excluded, no person shall sell or transfer more than 50rounds of handgun ammunition in any month unless he or she isregistered as a handgun ammunition vendor, as defined. The bill wouldalso require employees of those vendors who would handle, sell, ordeliver ammunition in the course and scope of their employment toobtain a certificate of eligibility, as specified.The bill wouldrequire the Department of Justice to maintain a registry ofregistered handgun ammunition vendors, as specified. The bill wouldprovide that no vendor would be authorized to sell ammunitionpursuant to a handgun ammunition vendor license unless the vendor islisted on the centralized registry. The bill would also provide that no retail seller of ammunition handgunammunition vendor, as defined, shall sell, offer for sale, ordisplay for sale, any handgun ammunition in a manner that allows thatammunition to be accessible to a purchaser without the assistance ofthe retailer vendor or employeethereof. Existing law generally regulates what information is required tobe obtained in connection with the transfer of ammunition. This bill would, subject to exceptions, commencing July1, 2010 February 1, 2011 , require certain ammunition vendors handgun ammunition ven dors to obtain a thumb print and other informationfrom ammunition purchasers, as specified. A violation of theseprovisions would be a misdemeanor. This bill would provide that a person enjoined from engaging inactivity associated with a criminal street gang, as specified, wouldbe prohibited from having under his or her possession, custody, orcontrol, any ammunition. Violation of these provisions would be amisdemeanor. The bill would prohibit supplying or delivering, as specified,handgun ammunition to prohibited persons, as described, by persons orothers who know, or by using reasonable care should know, that therecipient is a person prohibited from possessing ammunition or aminor prohibited from possessing ammunition, as specified. Violationof these provisions is a misdemeanor with specified penalties. The bill would provide, subject to exceptions, that commencing July 1, 2010 February 1, 2011 , thedelivery or transfer of ownership of handgun ammunition may onlyoccur in a face-to-face transaction, with the deliverer or transferorbeing provided bona fide evidence of identity of the purchaser orother transferee. A violation of these provisions would be amisdemeanor. By creating new crimes, this bill would impose a state-mandatedlocal program. The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by thestate. Statutory provisions establish procedures for making thatreimbursement. This bill would provide that no reimbursement is required by thisact 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. This act shall be known, and may be cited, as the PROTECTION Act of 2009: Providing Regulation and Oversightto End Community Terrorism in Our Neighborhoods. Anti-Gang Neighborhood Protection Act of 2009. SEC. 2. Section 11106 of the Penal Code isamended to read: 11106. (a) In order to assist in the investigation of crime, theprosecution of civil actions by city attorneys pursuant to paragraph(3) of subdivision (c), the arrest and prosecution of criminals, andthe recovery of lost, stolen, or found property, the Attorney Generalshall keep and properly file a complete record of all copies offingerprints, copies of licenses to carry firearms issued pursuant toSection 12050, information reported to the Department of Justicepursuant to Section 12053, licensee information pertaining to handgunammunition vendors as specified in Section 12062, dealers' recordsof sales of firearms, reports provided pursuant to Section 12072 or12078, forms provided pursuant to Section 12084, as that section readprior 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, andshall, upon proper application therefor, furnish this information tothe officers referred to in Section 11105. (b) (1) Except as provided in subdivision (d), the AttorneyGeneral shall not retain or compile any information from reportsfiled pursuant to subdivision (a) of Section 12078 for firearms thatare not handguns, from forms submitted pursuant to Section 12084, asthat section read prior to being repealed by the act that amendedthis section, for firearms that are not handguns, or from dealers'records of sales for firearms that are not handguns. All copies ofthe forms submitted, or any information received in electronic form,pursuant to Section 12084, as that section read prior to beingrepealed by the act that amended this section, for firearms that arenot handguns, or of the dealers' records of sales for firearms thatare not handguns shall be destroyed within five days of the clearanceby the Attorney General, unless the purchaser or transferor isineligible to take possession of the firearm. All copies of thereports filed, or any information received in electronic form,pursuant to subdivision (a) of Section 12078 for firearms that arenot handguns shall be destroyed within five days of the receipt bythe Attorney General, unless retention is necessary for use in acriminal prosecution. (2) A peace officer, the Attorney General, a Department of Justiceemployee designated by the Attorney General, or any authorized locallaw enforcement employee shall not retain or compile any informationfrom a firearms transaction record, as defined in paragraph (5) ofsubdivision (c) of Section 12071, for firearms that are not handgunsunless retention or compilation is necessary for use in a criminalprosecution or in a proceeding to revoke a license issued pursuant toSection 12071. (3) A violation of this subdivision is a misdemeanor. (c) (1) The Attorney General shall permanently keep and properlyfile and maintain all information reported to the Department ofJustice pursuant to Sections 12071, 12072, 12078, 12082, and formerSection 12084 or any other law, as to handguns and maintain aregistry thereof. (2) The registry shall consist of all of the following: (A) The name, address, identification of, place of birth (state orcountry), complete telephone number, occupation, sex, description,and all legal names and aliases ever used by the owner or personbeing loaned the particular handgun as listed on the informationprovided to the department on the Dealers' Record of Sale, the LawEnforcement Firearms Transfer (LEFT), as defined in former Section12084, or reports made to the department pursuant to Section 12078 orany other law. (B) The name and address of, and other information about, anyperson (whether a dealer or a private party) from whom the owneracquired or the person being loaned the particular handgun and whenthe firearm was acquired or loaned as listed on the informationprovided to the department on the Dealers' Record of Sale, the LEFT,or reports made to the department pursuant to Section 12078 or anyother law. (C) Any waiting period exemption applicable to the transactionwhich resulted in the owner of or the person being loaned theparticular handgun acquiring or being loaned that firearm. (D) The manufacturer's name if stamped on the firearm, model nameor number if stamped on the firearm, and, if applicable, the serialnumber, other number (if more than one serial number is stamped onthe firearm), caliber, type of firearm, if the firearm is new orused, barrel length, and color of the firearm. (3) Information in the registry referred to in this subdivisionshall, upon proper application therefor, be furnished to the officersreferred to in Section 11105, to a city attorney prosecuting a civilaction, solely for use in prosecuting that civil action and not forany other purpose, or to the person listed in the registry as theowner or person who is listed as being loaned the particular handgun. (4) If any person is listed in the registry as the owner of afirearm through a Dealers' Record of Sale prior to 1979, and theperson listed in the registry requests by letter that the AttorneyGeneral store and keep the record electronically, as well as in therecord's existing photographic, photostatic, or nonerasable opticallystored form, the Attorney General shall do so within three workingdays of receipt of the request. The Attorney General shall, inwriting, and as soon as practicable, notify the person requestingelectronic storage of the record that the request has been honored asrequired by this paragraph. (d) (1) Any officer referred to in paragraphs (1) to (6),inclusive, of subdivision (b) of Section 11105 may disseminate thename of the subject of the record, the number of the firearms listedin the record, and the description of any firearm, including themake, model, and caliber, from the record relating to any firearm'ssale, transfer, registration, or license record, or any informationreported to the Department of Justice pursuant to Section 12021.3,12053, 12071, 12072, 12077, 12078, 12082, or 12285, if the followingconditions are met: (A) The subject of the record has been arraigned for a crime inwhich the victim is a person described in subdivisions (a) to (f),inclusive, of Section 6211 of the Family Code and is being prosecutedor is serving a sentence for the crime, or the subject of the recordis the subject of an emergency protective order, a temporaryrestraining order, or an order after hearing, which is in effect andhas been issued by a family court under the Domestic ViolenceProtection Act set forth in Division 10 (commencing with Section6200) of the Family Code. (B) The information is disseminated only to the victim of thecrime or to the person who has obtained the emergency protectiveorder, the temporary restraining order, or the order after hearingissued by the family court. (C) Whenever a law enforcement officer disseminates theinformation authorized by this subdivision, that officer or anotherofficer assigned to the case shall immediately provide the victim ofthe crime with a "Victims of Domestic Violence" card, as specified insubparagraph (H) of paragraph (9) of subdivision (c) of Section13701. (2) The victim or person to whom information is disseminatedpursuant to this subdivision may disclose it as he or she deemsnecessary to protect himself or herself or another person from bodilyharm by the person who is the subject of the record. SEC. 3. SEC. 2. Article 3.5(commencing with Section 12060) is added to Chapter 1 of Title 2 ofPart 4 of the Penal Code, to read: Article 3.5. Handgun Ammunition Vendor Licenses Vendors 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 insubdivision (a) of Section 12323, but excluding ammunition designedand intended to be used in an "antique firearm" as defined in Section921(a)(16) of Title 18 of the United States Code. Handgun ammunitiondoes not include blanks. (c) "Handgun ammunition vendor" or "vendor" means any person,firm, corporation, dealer, or any other business enterprise that isengaged in the retail sale of any handgun ammunition, or that holdsitself out as engaged in the business of selling any handgunammunition. (c) "Immediate family member" has the same meaning as set forth insubdivision (c) of Section 12078. (d) "Licensed handgun ammunition vendor" or "vendor" means aperson licensed by the department pursuant to Section 12062. 12061. (a) Commencing July 1, 2010, no person shall sell orotherwise transfer ownership of more than 50 rounds of handgunammunition in any month unless the person is licensed by thedepartment as a licensed handgun ammunition vendor in accordance withSection 12062. (b) Subdivision (a) shall not apply to or affect any of thefollowing: (1) Sales or other transfers of ownership of handgun ammunition bypersons licensed pursuant to Chapter 44 (commencing with Section921) of Title 18 of the United States Code, and the regulationsissued pursuant thereto to licensed handgun ammunition vendors whoare licensed pursuant to Section 12062. (2) Sales or other transfers of ownership of handgun ammunition byan authorized law enforcement representative of a city, county, orcity and county, or the state or federal government to a peaceofficer authorized to carry a handgun in the course and scope of hisor her duties. (3) Sales or other transfers of ownership of handgun ammunition toauthorized law enforcement representatives of cities, counties,cities and counties, or state or federal governments for exclusiveuse by those government agencies if, prior to the delivery, transfer,or sale of handgun ammunition, written authorization from the headof the agency authorizing the transaction is presented to the personfrom whom the purchase, delivery, or transfer is being made. Properwritten authorization is defined as verifiable written certificationfrom the head of the agency by which the purchaser or transferee isemployed, identifying the employee as an individual authorized toconduct the transaction, and authorizing the transaction for theexclusive use of the agency by which he or she is employed. (4) Sales or other transfers of ownership of handgun ammunition toauthorized representatives of cities, counties, cities and counties,or state or federal governments for those government agencies inwhich the entity is acquiring the ammunition as part of anauthorized, voluntary program in which the entity is buying orreceiving ammunition from private individuals. (5) Sales or other transfers of ownership of handgun ammunitionbetween immediate family members, spouses, or registered domesticpartners. (6) Sales or other transfers of ownership of handgun ammunition toa person licensed as a collector of firearms pursuant to Chapter 44(commencing with Section 921) of Title 18 of the United States Codeand the regulations issued pursuant thereto whose licensed premisesare within this state and who has a current certificate ofeligibility issued pursuant to Section 12071. (7) Sales or other transfers of ownership of handgun ammunition toa consultant-evaluator, as defined in subdivision (s) of Section12001. (8) The sale or other transfer of ownership of handgun ammunitionby a person licensed pursuant to Chapter 44 (commencing with Section921) of Title 18 of the United States Code, and the regulationsissued pursuant thereto, to any of the following: (A) A person licensed as manufacturer of firearms pursuant toChapter 44 (commencing with Section 921) of Title 18 of the UnitedStates Code. (B) A person licensed as an importer of firearms pursuant toChapter 44 (commencing with Section 921) of Title 18 of the UnitedStates Code. (C) A person who is licensed as a dealer in firearms pursuant toChapter 44 (commencing with Section 921) of Title 18 of the UnitedStates Code, if the dealer receiving that handgun ammunition isacting as a wholesaler. (9) Sales or other transfers of ownership of handgun ammunition bya person designated as a handgun safety instructor by the Departmentof Justice, when acting in the course and scope of his or herduties, pursuant to subdivision (d) of Section 12804. (c) A violation of this section is a misdemeanor. 12062. (a) (1) The department is authorized to issue handgunammunition vendor licenses. (2) No handgun ammunition vendor license may be issued to anapplicant who fails to provide a copy of any regulatory or businesslicense, or licenses, required by local government, a valid seller'spermit issued by the State Board of Equalization, a federal firearmslicense if the person is federally licensed, and a certificate ofeligibility issued pursuant to Section 12071. The license issuedpursuant to this section shall be issued to an individual and for aspecific physical location where the sale or other transfer ofownership of handgun ammunition is to be conducted. (3) The department shall inform applicants who are denied licensesof the reasons for the denial in writing. (b) (1) The handgun ammunition vendor license shall be issued in aform prescribed by the Attorney General and shall be valid for aperiod of one year. The Attorney General may adopt regulations toadminister application procedures and enforcement procedures for thelicensee. The Attorney General may adopt regulations that establishgrounds for suspension or revocation of the license. (2) The department may charge handgun ammunition vendor licenseapplicants a fee sufficient to reimburse the department for the costsof administering the license program, maintaining the registry ofhandgun ammunition vendors, and necessary regulatory functions,including enforcement, provided, however, that the fee shall notexceed fifty dollars ($50). Funds from the Dealers' Record of SaleSpecial Account of the General Fund shall be made available forexpenditure by the department to offset the costs incurred toinitiate the license program pursuant to this section. (3) The department shall issue licenses pursuant to this sectionto the following applicants: (A) Persons licensed pursuant to Section 12071. (B) A person who is on the centralized list maintained by thedepartment pursuant to Section 12083. (C) A target facility which holds a business or regulatorylicense. (D) Gunsmiths. (E) Wholesalers. (F) Manufacturers or importers of firearms licensed pursuant toChapter 44 (commencing with Section 921) of Title 18 of the UnitedStates Code, and the regulations issued pursuant thereto. (4) The department shall waive all application fees for allpersons listed in subparagraphs (A) and (B) of paragraph (3). (5) (A) The department shall keep a centralized registry of allpersons, businesses, and corporations that are vendors. No vendorshall sell or transfer ownership of handgun ammunition pursuant totheir license unless the vendor is listed on the centralizedregistry. (B) The department may remove from this registry any vendor thatviolates the provisions of this section. (C) The license of any vendor that violates this section threetimes shall be revoked, and that person, firm, or corporation shallbecome permanently ineligible to obtain a license pursuant to thissection. (D) Upon removal of a vendor from the registry, notification shallbe provided to local law enforcement and licensing authorities inthe jurisdiction where the vendor's business is located. (6) Information compiled from the registry referred to inparagraph (5) shall be made available, upon request, for thefollowing purposes: (A) For law enforcement purposes. (B) When the information is requested for the purposes ofdetermining the validity of handgun ammunition deliveries ortransfers. (c) 12061. (a) A vendor shall comply with allof the following conditions, requirements and prohibitions: (1) (A) A vendor shall notpermit any employee who the vendor knows or reasonably should know isa person described in Section 12021 or 12021.1 of this code orSection 8100 or 8103 of the Welfare and Institutions Code to handle,sell, or deliver handgun ammunition in the course and scope of his orher employment. (B) Except as provided in subparagraph (C), for an employee of avendor who becomes an employee after July 1, 2010, and who handles,sells, or delivers handgun ammunition, the employee shall provide tothe vendor a certificate of eligibility obtained from the departmentpursuant to paragraph (4) of subdivision (a) of Section 12071. Therequest shall be made within 45 days of employing the individual. (C) In the case of a person who is employed by a vendor on orbefore July 1, 2010, and who handles, sells, or delivers handgunammunition, the employee shall provide to the vendor a certificate ofeligibility obtained from the department pursuant to paragraph (4)of subdivision (a) of Section 12071 no later than August 15, 2010. (2) A vendor shall not sell or otherwise transfer ownership of,offer for sale or otherwise offer to transfer ownership of, ordisplay for sale or display for transfer of ownership of any handgunammunition in a manner that allows that ammunition to be accessibleto a purchaser or transferee without the assistance of the vendor oremployee thereof. (3) Commencing July 1, 2010 February 1,2011 , a vendor shall not sell or otherwise transfer ownershipof any handgun ammunition without , at the time ofdelivery , legibly recording the following information on a form that is in a format to be prescribed by thedepartment: information: (A) The date of the sale or other transaction. (B) The purchaser's or transferee's driver's license or otheridentification number and the state in which it was issued. (C) The brand, type, and amount of ammunition sold or otherwisetransferred. (D) The purchaser's or transferee's signature. (E) The name of the salesperson who processed the sale or othertransaction. (F) The right thumbprint of the purchaser or transferee on theabove form. (G) The purchaser's or transferee's full residential address andtelephone number. (H) The purchaser's or transferee's date of birth. (4) Commencing July 1, 2010 February 1,2011 , the records required by this section shall be maintainedon the premises of the vendor for a period of not less than fiveyears from the date of the recorded transfer. (5) Commencing July 1, 2010 February 1,2011 , the records referred to in paragraph (3) shall besubject to inspection at any time during normal business hours by anypeace officer employed by a sheriff, city police department, ordistrict attorney as provided in subdivision (a) of Section 830.1, oremployed by the department as provided in subdivision (b) of Section830.1, provided the officer is conducting an investigation whereaccess to those records is or may be relevant to that investigation,is seeking information about persons prohibited from owning a firearmor ammunition, or is engaged in ensuring compliance with theDangerous Weapons Control Law (Chapter 1 (commencing with Section12000) of Title 2 of Part 4), or any other laws pertaining tofirearms or ammunition. The records shall also be subject toinspection at any time during normal business hours by any otheremployee of the department, provided that employee is conducting aninvestigation where access to those records is or may be relevant tothat investigation, is seeking information about persons prohibitedfrom owning a firearm or ammunition, or is engaged in ensuringcompliance with the Dangerous Weapons Control Law (Chapter 1(commencing with Section 12000) of Title 2 of Part 4), or any otherlaws pertaining to firearms or ammunition. (6) Commencing July 1, 2010 February 1,2011 , the vendor shall not knowingly make a false entry in,fail to make a required entry in, fail to obtain the requiredthumbprint, or otherwise fail to maintain in the required mannerrecords prepared in accordance with paragraph (2). If the rightthumbprint is not available, then the vendor shall have the purchaseror transferee use his or her left thumb, or any available finger,and shall so indicate on the form. If the purchaser or transferee isphysically unable to provide a thumbprint or fingerprint, the vendorshall so indicate on the form. (7) Commencing July 1, 2010 February 1,2011 , no vendor shall refuse to permit a person authorizedunder paragraph (5) to examine any record prepared in accordance withthis section during any inspection conducted pursuant to thissection, or refuse to permit the use of any record or information bythose persons. (d) (b) Paragraph (3) of subdivision (c) (a) shall not apply to or affect sales or other transfersof ownership of handgun ammunition by licensed handgun ammunition vendors to any of the following that areproperly identified as such in a manner prescribed by the Departmentof Justice: , if properly identified: (1) Persons A person licensedpursuant to Section 12071. (2) A licensed handgun ammunition vendor. (3) A person who is on the centralized list maintained by thedepartment pursuant to Section 12083. (4) A target facility which holds a business or regulatorylicense. (5) Gunsmiths. (6) Wholesalers. (7) Manufacturers or importers of firearms licensed pursuant toChapter 44 (commencing with Section 921) of Title 18 of the UnitedStates Code, and the regulations issued pursuant thereto. (8) Sales or other transfers of ownership made to authorized lawenforcement representatives of cities, counties, cities and counties,or state or federal governments for exclusive use by thosegovernment agencies if, prior to the delivery, transfer, or sale ofhandgun ammunition, written authorization from the head of the agencyauthorizing the transaction is presented to the person from whom thepurchase, delivery, or transfer is being made. Proper writtenauthorization is defined as verifiable written certification from thehead of the agency by which the purchaser, transferee, or personotherwise acquiring ownership is employed, identifying the employeeas an individual authorized to conduct the transaction, andauthorizing the transaction for the exclusive use of the agency bywhich he or she is employed. (e) Fees received by the department pursuant to this section shallbe deposited in the Dealers' Record of Sale Special Account of theGeneral Fund. (f) (c) (1) A violation of paragraph (3), (4), (6), or (7)of subdivision (c) (a) is amisdemeanor. (2) The provisions of this subdivision are cumulative, and shallnot be construed as restricting the application of any other law.However, an act or omission punishable in different ways by differentprovisions of law shall not be punished under more than oneprovision. SEC. 4 SEC. 3. A heading for Chapter2.6 of Title 2 of Part 4 is added to the Penal Code, immediatelypreceding Section 12316, to read: CHAPTER 2.6. AMMUNITION SEC. 5. Section 12316 of the Penal Code is amended to read: 12316. (a) (1) Any person, corporation, or dealer who does either any of the following shall bepunished by imprisonment in a county jail for a term not to exceedsix 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 18years of age. (B) Sells any ammunition or reloaded ammunition designed andintended for use in a handgun to a person under 21 years of age. Asused in this subparagraph, "ammunition" means handgun ammunition asdefined in subdivision (a) of Section 12323. Where ammunition orreloaded ammunition may be used in both a rifle and a handgun, it maybe sold to a person who is at least 18 years of age, but less than21 years of age, if the vendor reasonably believes that theammunition is being acquired for use in a rifle and not a handgun. (C) Supplies, delivers, or gives possession of any ammunition toany minor who he or she knows, or using reasonable care should know,is prohibited from possessing that ammunition at that time pursuantto Section 12101. (2) Proof that a person, corporation, or dealer, or his or heragent or employee, demanded, was shown, and acted in reasonablereliance upon, bona fide evidence of majority and identity shall be adefense to any criminal prosecution under this subdivision. As usedin this subdivision, "bona fide evidence of majority and identity"means a document issued by a federal, state, county, or municipalgovernment, or subdivision or agency thereof, including, but notlimited to, a motor vehicle operator's license, California stateidentification card, identification card issued to a member of thearmed 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 firearmunder Section 12021 or 12021.1 of this code or Section 8100 or 8103of the Welfare and Institutions Code shall own, possess, or haveunder his or her custody or control, any ammunition or reloadedammunition. (2) For purposes of this subdivision, "ammunition" shall include,but not be limited to, any bullet, cartridge, magazine, clip, speedloader, autoloader, or projectile capable of being fired from afirearm with a deadly consequence. "Ammunition" does not includeblanks. (3) A violation of paragraph (1) of this subdivision is punishableby imprisonment in a county jail not to exceed one year or in thestate 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, anyammunition or reloaded ammunition, but who is enjoined from engagingin activity pursuant to an injunction issued pursuant to Section 3479of the Civil Code against that person as a member of a criminalstreet gang, as defined in Section 186.22, may not own, possess, orhave under his or her custody or control, any ammunition or reloadedammunition. (5) A violation of paragraph (4) of this subdivision is amisdemeanor. (c) Unless it is with the written permission of the schooldistrict superintendent, his or her designee, or equivalent schoolauthority, no person shall carry ammunition or reloaded ammunitiononto school grounds, except sworn law enforcement officers actingwithin the scope of their duties or persons exempted undersubparagraph (A) of paragraph (1) of subdivision (a) of Section12027. This subdivision shall not apply to a duly appointed peaceofficer as defined in Chapter 4.5 (commencing with Section 830) ofTitle 3 of Part 2, a full-time paid peace officer of another state orthe federal government who is carrying out official duties while inCalifornia, any person summoned by any of these officers to assist inmaking an arrest or preserving the peace while he or she is actuallyengaged in assisting the officer, a member of the military forces ofthis state or of the United States who is engaged in the performanceof his or her duties, a person holding a valid license to carry thefirearm pursuant to Article 3 (commencing with Section 12050) ofChapter 1 of Title 2 of Part 4, or an armored vehicle guard, who isengaged in the performance of his or her duties, as defined insubdivision (e) of Section 7521 of the Business and Professions Code.A violation of this subdivision is punishable by imprisonment in acounty jail for a term not to exceed six months, a fine not to exceedone thousand dollars ($1,000), or both the imprisonment and fine. (d) (1) A violation of paragraph (1) or (4) of subdivision (b) isjustifiable where all of the following conditions are met: (A) The person found the ammunition or reloaded ammunition or tookthe ammunition or reloaded ammunition from a person who wascommitting a crime against him or her. (B) The person possessed the ammunition or reloaded ammunition nolonger than was necessary to deliver or transport the ammunition orreloaded ammunition to a law enforcement agency for that agency'sdisposition according to law. (C) The person is prohibited from possessing any ammunition orreloaded ammunition solely because that person is prohibited fromowning or possessing a firearm only by virtue of Section 12021 orammunition or reloaded ammunition because of paragraph (4) ofsubdivision (b). (2) Upon the trial for violating paragraph (1) or (4) ofsubdivision (b), the trier of fact shall determine whether thedefendant is subject to the exemption created by this subdivision. (3) The defendant has the burden of proving by a preponderance ofthe evidence that he or she is subject to the exemption provided bythis subdivision. SEC. 6. 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 toany person who he or she knows or using reasonable care should knowis prohibited from owning, possessing, or having under his or hercustody or control, any ammunition or reloaded ammunition pursuant toparagraph (1) or (4) of subdivision (b) of Section 12316, is guiltyof a misdemeanor, punishable by imprisonment in a county jail notexceeding 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 beconstrued as restricting the application of any other law. However,an act or omission punishable in different ways by this section andanother provision of law shall not be punished under more than oneprovision. (c) For purposes of this section, "ammunition" shall include, butnot be limited to, any bullet, cartridge, magazine, clip, speedloader, autoloader, or projectile capable of being fired from afirearm with deadly consequence. "Ammunition" does not includeblanks. SEC. 7. Section 12318 is added to the Penal Code, to read: 12318. (a) Commencing July 1, 2010 February 1, 2011 , the delivery or transfer of ownership ofhandgun ammunition may only occur in a face-to-face transaction withthe deliverer or transferor being provided bona fide evidence ofidentity from the purchaser or other transferee. A violation of thissection is a misdemeanor. (b) For purposes of this section: (1) "Bona fide evidence of identity" means a document issued by afederal, state, county, or municipal government, or subdivision oragency thereof, including, but not limited to, a motor vehicleoperator's license, state identification card, identification cardissued to a member of the armed forces, or other form ofidentification that bears the name, date of birth, description, andpicture of the person. (2) "Handgun ammunition" means handgun ammunition as defined insubdivision (a) of Section 12323, but excluding ammunition designedand intended to be used in an "antique firearm" as defined in Section921(a)(16) of Title 18 of the United States Code. Handgun ammunitiondoes not include blanks. (3) "Licensed handgun "Handgun ammunition vendor" has the same meaning as set forth in Section 12062 12060 . (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 forexclusive use by those government agencies if, prior to the delivery,transfer, or sale of the handgun ammunition, written authorizationfrom the head of the agency employing the purchaser or transferee, isobtained identifying the employee as an individual authorized toconduct the transaction, and authorizing the transaction for theexclusive use of the agency employing the individual. (2) Sworn peace officers, as defined in Chapter 4.5 (commencingwith Section 830) of Title 3 of Part 2 who are authorized to carry afirearm in the course and scope of their duties. (3) Importers and manufacturers of handgun ammunition or firearmslicensed to engage in business pursuant to Chapter 44 (commencingwith Section 921) of Title 18 of the United States Code and theregulations issued pursuant thereto. (4) Persons who are on the centralized list maintained by theDepartment of Justice pursuant to Section 12083. (5) Persons whose licensed premises are outside this state who arelicensed as dealers or collectors of firearms pursuant to Chapter 44(commencing with Section 921) of Title 18 of the United States Codeand the regulations issued pursuant thereto. (6) Persons licensed as collectors of firearms pursuant to Chapter44 (commencing with Section 921) of Title 18 of the United StatesCode and the regulations issued pursuant thereto whose licensedpremises are within this state who has a current certificate ofeligibility issued to him or her by the Department of Justicepursuant to Section 12071. (7) A licensed handgun ammunition vendor. (8) A consultant-evaluator, as defined in subdivision (s) ofSection 12001. SEC. 8. The heading of Chapter 2.6 (commencing with Section 12320)of Title 2 of Part 4 of the Penal Code is repealed. SEC. 9. No reimbursement is required by this act pursuant toSection 6 of Article XIII B of the California Constitution becausethe only costs that may be incurred by a local agency or schooldistrict will be incurred because this act creates a new crime orinfraction, eliminates a crime or infraction, or changes the penaltyfor a crime or infraction, within the meaning of Section 17556 of theGovernment Code, or changes the definition of a crime within themeaning of Section 6 of Article XIII B of the CaliforniaConstitution.

____________________________________________

[BFR]

DONE!! looks like I'll be a new "criminal" if it is signed.................gotta get out of this (*&^%$#@! idiot state.....jeeez

[Sodhunter]

I got this letter from Cabelas today. Way to go Cabelas! I responded via the email link, but as stated earlier, it is probably going to just get "counted". I will try to call and write also. EVERYONE needs to hammer him with your dissent on this bill NOW! You know the antis have people flooding his office to sign this great crime stopper bill. Tell him it will do NOTHING to stop crime, cause unneeded paperwork and expense to businesses, citizens, and the government, and infringe on our personal freedoms. Here is Cabelas letter for those that did not get it.

To: Cabela's California Customers From: Cabela's Communications Subject: California Assembly Bill 962 Date: Sept. 22, 2009 We are writing to inform you of pending legislation that will restrict purchases of handgun ammunition in California and will terminate our ability to service your needs for certain products. On Friday, Sept. 11, the California Assembly passed Assembly Bill 962, by a 44-31 vote. Among other regulations, AB 962 would:

• Ban all mail-order and Internet sales of handgun ammunition. • Prohibit the retail sale, the offer for sale or the display of handgun ammunition in a manner that allows ammunition to be accessible to a purchaser without assistance of a vendor or employee. • Require that the delivery or transfer of ownership of handgun ammunition occur in a face-to-face transaction, with the deliverer or transferor being provided bona fide evidence of identity of the purchaser or other transferee.

That evidence of identity, which must be legibly recorded at the time of delivery, includes:

• The right thumbprint of the purchaser or transferee. • The date of the sale or other transaction. • The purchaser's or transferee's driver's license or other identification number and the state in which it was issued. • The brand, type and amount of ammunition sold or otherwise transferred. • The purchaser's or transferee's signature. • The name of the salesperson who processed the sale or other transaction. • The purchaser's or transferee's full residential address and telephone number. • The purchaser's or transferee's date of birth.

The bill is on the desk of Gov. Arnold Schwarzenegger, where it awaits his consideration. He will have until Oct. 11 to sign or veto the bill. If he does not veto the bill, it will become law. If you wish to comment on AB 962, you may contact Gov. Schwarzenegger by phone at (916) 445-2841, or via fax at (916) 558-3160. To e-mail Gov. Schwarzenegger, visit Governor Arnold Schwarzenegger - Interact We encourage all Cabela's customers who participate in the shooting sports to contact Gov. Schwarzenegger to voice their opposition to this initiative, which will limit your opportunities to shop with Cabela's, and will restrict the sale of handgun ammunition everywhere in California.

[7mm MAGNUM]

The more I hear about this "wonderful state",... the more I have to wonder WHY anyone in their right mind would live there!

Maybe,... if the hunting and shooting sports-people all pulled up stakes and MOVED to a new state,.. the decrease in Californias tax base for each county will drop even further than it already has and SOMEONE just might take notice in that. Seeing California is already broke beyond compare,.. Arnold has even sold some of his and Maria's personal property to try and boost the states revenue.

Let enough dollars disappear from the states tax base,.. and a few of those high dollar do nothing government positions just might disappear as well right along with it.

MAYBE then they might get the message!

I wouldn't move there if someone gave me a home and large piece of property,... I'd sell it if I could find a buyer dumb enough to purchase it.

Just my opinion,...

[Jean]

Please veto ab962. I don't want to become a criminal. This is a destructive piece of hate legislation that is directed against innocent citizens. Please stop this horrible law from taking effect.

Thank you.

=============
I called and also posted this. I hope it does some good.
In my opinion, anti-gun is pro-rapist.

[pwdhntr]

We've got to ban together guys and stop all this loss of freedoms we're rapidly losing here! Once they are done with the gun owners they are going to go after the archery and shotgunners too. We have to make ourselves heard and get these liberal people out of office! This is a good place here on this site to get something started to rally against all of this nonsense that is going on. I know there is enough gun owners and hunters in this state to make a difference! We have to also convince orgs like NRA, SCI and the likes, to not give up on us as California gun owning citizens. We just need to be as sly and slick as they think they are and fight back wisely and with the American values that we believe in!

[dglover]

Email sent.

I was given the opportunity to express my concerns and reasons that I feel that it should not be signed into law.

However I believe that this system only counts me as against gun control.

This is starting to get pretty absurd.

[Dain V]

Email sent.

[dwagoner]

when you call that number the sequence is 1, 2, 2, 2 to vote against it

[1LJ]

I was doing a little research on this bill when I came upon a little item in the fine, almost invisible print that says if Governor Schwarzenegger doesn't sign this bill and doesn't VETO it by 11 October 2009, this bill automatically becomes law. If you contact the Governor, tell him to VETO this bill!!!

[csutton7]

I emailed the gov too and told him basically don't punish the law abidin' folk and veto this bill and one other one... AB962 and SB585....chris

[Sodhunter]

Originally Posted by 1LJ

I was doing a little research on this bill when I came upon a little item in the fine, almost invisible print that says if Governor Schwarzenegger doesn't sign this bill and doesn't VETO it by 11 October 2009, this bill automatically becomes law. If you contact the Governor, tell him to VETO this bill!!!

Ahnold is talking about letting all the bills sit unless they pass some water stuff. Surely he KNOWS that this bill will become law even if he does not sign it?!?!? Is it veto or it's a law for sure?

[leftyhunter]

I might be alib in a lot of ways but not so on gun control. I just e-mailed Arnie to veto the bill i hope it helps.

Leftyhunter

[FresnoHunter]

Originally Posted by leftyhunter

I might be alib in a lot of ways but not so on gun control. I just e-mailed Arnie to veto the bill i hope it helps.

Leftyhunter

Yea maybe so but when people vote for a Democrat/Leftist candidate then this is what happens.

[Spaslab]

This sucks. What about people who load their own?

[Rick]

Seems like Arnold is going to let this become law through his choice not to act on it at all. If so, what a moral coward.

[Marty]

MOVE People!

Complacency is not the answer (even if it is the norm in CA)

Governor Arnold Schwarzenegger - Interact

[SPURGEAR]

IT PASSED. ONE SMALL STEP FOR TYRANNY, ONE GIANT LEAP TOWARDS CIVIL WAR II.........WE THE PEOPLE IN CALIFORNIA ARE GETTING PRETTY TIRED OF HAVING TO SPEND EVERY WAKING MOMENT TYING TO DECIPHER WHAT SNEAKY WAYS THE POLITICIANS HAVE COME UP WITH TO EITHER TAKE OUR MONEY OR TAKE OUR RIGHTS UNDER THE GUISE OF ANOTHER LIBERAL, PROGRESSIVE AGENDA LINE ITEM. OUR COUNTRY AND IT'S VALUES ARE BEING SYSTEMATICALLY DESTROYED BEFORE OUR VERY EYES........WAKE UP, STAND UP, AND TAKE THE POWER BACK.....

[Antonio]

Here it is:

http://gov.ca.gov/pdf/press/2009bill...ng_Message.pdf

[Stonepointer]

This is a statement from the author of this bill:

"Guns don't kill people, it's true. Bullets do. Without ammo, a handgun is only good for pistol-whipping someone." "Ammo is the lifeblood of a handgun." - Assemblyman Kevin de Leon (D-Los Angeles).

He has participated in political rallies that support sedition and overthrow of the U.S. political system outlined and placed into governing law by the founding fathers of this nation.

He has also shown his avid support for a member of a gang (seen amongst several other young men where all are showing off the exact same tattoos in a particular photograph) who is accused with strong evidence of a stabbing death murder in San Diego as being a fine outstanding young man and an important contributor to our society. This young man is also the son of leading California politician.

Think carefully before you vote for someone who will be deciding state law for everyone else here. Consider their backgrounds and connections.

Supporters of sedition to the founding principles of our nation, and that have connections to organized crime no matter how big or small, should not be making our state laws or infringing our bill of rights.

[subfan]

If you sit on your instead of voting... You have not reason to gripe.

What we are seeing is a call for action in the next election. No excuses. Your employer by law has to give you the time to vote. Comments by the politicians with a (D) after their name never cease to amaze me.

[Marty]

This forum is for 'action' alerts, not comments. Please keep the commentary under the Politics forum.