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California Democrat De Leon Ammunition Bill SB 53

Jeff Banke

SB 53 the bill that has been proposed in California by De Leon that required fingerprints and record keeping on ammunition purchases, firearm purchases and those with concealed carry permits. This bill also requires all handgun ammunition transactions to be face-to-face, thereby outlawing any mail order ammunition sales commencing July 1, 2016.

In order not to turn the gun owning, hunting Democrats against them, De Leon and the other Democrats that run California added in exemptions to the requirements for persons holding a valid hunting license, and for specified events conducted by nonprofit entities. Presumably, this means that Duck's Unlimited, Pacific Coast Hunter Education Association and other nonprofit organizations can purchase ammunition to use in raffles at their dinners, annual training. or other events, so long as the ammunition is used on a range and consumed on the premises.

The hunting license exemption for mail order requires the vendor to be listed with the State, and that they submit a bill of sales to the DOJ, and that the recipient be positively identified as having a valid hunting license, presumably requiring the vendor to obtain a photocopy or facsimile of the recipients hunting license. So, while it seems on the surface that hunters are exempt, the process for the vendor has become so burdened with paperwork that few out of state vendors will bother to become licensed by the California DOJ.

(a) Commencing July 1, 2016, the delivery or transfer of ownership of ammunition as specified in subdivision (a) of Section 30312 need not occur in a face-to-face transaction if all of the following conditions exist:

(1) The delivery is by a person who is either an ammunition vendor or is enrolled with the Department of Justice as a person who may ship firearms into California in accordance with Section 27555.

(2) The person acquiring the ammunition is a person who is properly identified as a person who currently holds a valid hunting license issued by the state.

(3) On the date that a person described in paragraph (1) ships the ammunition, a transaction record in the format set forth in subdivision (a) of Section 30352 shall be provided to the department pursuant to subdivision (b) of Section 30352.

The bill requires the Dept. of Justice to keep records of ammunition sales for 5 years.

It also requires persons who wish to sell ammunition to become licensed prior to July 1, 2016. Violation would be a misdemeanor. The bill requires the licensee to seel ammunition at the location so described on the license, this effectively eliminates any gun show sales.

(a) A vendor shall comply with all of the conditions, requirements, and prohibitions stated in this article.

(b) Commencing July 1, 2016, an ammunition vendor shall be licensed by the Department of Justice in order to sell ammunition.

Another important point that affects firearms owners and ammunition purchasers is that the Police or other law enforcement officers can release the names, addresses, etc., of any ammunition purchaser.

SEC. 11.
Section 30350 of the Penal Code is amended to read:

A vendor shall not sell, offer for sale, or display for sale 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. 12.
Section 30352 of the Penal Code is amended to read:

(a) A vendor shall not sell any ammunition without, at the time of delivery, legibly recording the following information:
(1) The date of the sale.
(2) The purchaser’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.
(4) The name of the salesperson who processed the sale or other transaction.
(5) The purchaser’s full residential address and telephone number.
(6) The purchaser’s date of birth.
(7) The purchaser’s name.

(b) Commencing July 1, 2016, 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 of ownership of ammunition. The department shall check the submitted information against the Prohibited Armed Persons File. The department shall retain this information for five years in a database to be known as the Ammunition Purchase Records File. This file may be used by the department and those entities specified in, and pursuant to, subdivision (b) or (c) of Section 11105, through the California Law Enforcement Telecommunications System, for any legitimate law enforcement purpose. The department shall also check the submitted information from vendors each day against the Prohibited Armed Persons File, as provided in subdivision (a) of Section 30000. Persons who have both purchased ammunition and who are listed in the Prohibited Armed Persons File on the day he or she purchased ammunition shall then be placed in a database to be known as the Prohibited Ammunition Purchaser File. This file may be used by the department and those entities specified in, and pursuant to, subdivision (b) or (c) of Section 11102, through the California Law Enforcement Telecommunications System, for the purpose of determining if persons are armed and prohibited from possessing firearms and ammunition. The vendor shall not share any of the information required by subdivision (a) for any reason other than for authorized law enforcement purposes.

So, in a nutshell SB 53 does the following:

• SB 53 criminalizes the sale of ammunition between law-abiding family members, friends, and colleagues.

• SB 53 criminalizes direct-ship ammunition purchases.

• SB 53 creates a new backdoor registration of gun owners.

• SB 53 allows DOJ to steal firearm safety fund fees to feed a new ammunition bureaucracy.

• SB 53 adds costly burdens on ammo retailers, consumers, and taxpayers.

Link to the full bill here

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