BILL NUMBER: AB 996	AMENDED
            BILL TEXT

            AMENDED IN  SENATE    JUNE 15, 2005
            AMENDED IN ASSEMBLY  APRIL 21, 2005

INTRODUCED BY   Assembly Member Ridley-Thomas

                        FEBRUARY 22, 2005

   An act to add Section 12317 to the Penal Code, relating to
ammunition.

	LEGISLATIVE COUNSEL'S DIGEST

   AB 996, as amended, Ridley-Thomas.  Ammunition: storage and sale.
   Existing law makes it a crime to sell ammunition to a minor, or
ammunition designed for a handgun to anyone under 21 years of age.
   This bill would provide that no retail seller of ammunition shall
sell, offer for sale, or display for sale, any handgun ammunition in a
manner that allows the ammunition to be accessible to a purchaser without
the assistance of the retailer or employee thereof. The bill would
also provide that violation of these provisions is an infraction or a
misdemeanor. The bill would allow local regulation of retail sale and
storage of ammunition that is not inconsistent with these provisions.
more strict or of a higher standard [than] that specified in the act.

   By creating a new crime, this bill would impose a state-mandated
local program.

  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 12317 is added to the Penal Code, to read:
   12317.  (a) No retail seller of ammunition shall sell, offer for
sale, or display for sale, any handgun ammunition in a manner that 
allows the that ammunition to be accessible to a purchaser 
without the assistance of the retailer or employee thereof.
   (b) Violation of this section is punishable as an infraction with
a fine of five hundred dollars ($500), or as a misdemeanor.
   (c) The Attorney General is authorized to adopt regulations to
enforce and further the provisions of this section.
   (d) Nothing in this section shall prohibit any ordinance or other
law adopted by a local government regulating the retail sale of
ammunition, including provisions that are more strict than the
provisions this section, provided any local provisions are not
inconsistent with the provisions of this section.
   (d) No provision of this section, nor the regulations adopted by
the Department fo [sic] Justice to implement this section, shall be
construed to prevent a local government from imposing ammunition
sales and storage requirements that are more strict or of a higher
standard than those imposed by this section or regulations adopted to
implement this section.
   (e) As used in this section, the term "handgun ammunition" means
assembled live ammunition, other than .22 caliber ammunition, that is
primarily for use in handguns.
  SEC. 2.   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.