BILL NUMBER: SB 48 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 4, 2005
INTRODUCED BY Senator Scott
JANUARY 6, 2005
An act to amend Section 12316 of the Penal Code, relating to
ammunition.
LEGISLATIVE COUNSEL'S DIGEST
SB 48, as introduced, Scott. Ammunition.
Existing law makes it an offense for any person, corporation, or
dealer to sell ammunition or reloaded ammunition to a person, knowing
that person to be under 18 years of age, or to sell ammunition or
reloaded ammunition designed and intended for use in a handgun to a
person, knowing that person to be under 21 years of age. Existing law
also establishes an affirmative defense to the offense if, among
other things, the seller relied upon bona fide evidence of majority
and identity, as defined.
This bill would remove the element of "knowing the person to be
under the age" of 18 or 21 years of age, as applicable, from the
definition of the offense. The bill would require reasonable reliance
upon bona fide evidence of majority and identity, as defined, in
order for the affirmative defense to apply. The bill would allow
ammunition vendors to sell ammunition or reloaded
ammunition that can be used in both a rifle and a handgun to persons
at least 18 years of age but less than 21 years of age if the vendor
reasonably believes the ammunition is being acquired for use in a
rifle and not a handgun.
By expanding the scope of an existing crime, and narrowing the
scope of an affirmative defense to that 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 12316 of the Penal Code is amended to read:
12316. (a) (1) Any person, corporation, or dealer who does either
of the following shall be punished by imprisonment in a county jail
for a term not to exceed six 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
knowing that person to be under 18 years of age.
(B) Sells any ammunition or reloaded ammunition designed and
intended for use in a pistol, revolver, or other firearm capable of
being concealed upon the person handgun to a person knowing that
person to be under 21 years of age. As used in this
subparagraph, "ammunition" means handgun ammunition as defined in
subdivision (a) of Section 12323. Where ammunition or reloaded
ammunition may be used in both a rifle and a handgun, federal law
shall be considered for purposes of enforcing this subparagraph.
it may be sold to a person who is at
least 18 years of age, but less than 21 years of age, if the vendor
reasonably believes that the ammunition is being acquired for use in
a rifle and not a handgun.
(2) Proof that a person, corporation, or dealer, or his or her
agent or employee, demanded, was shown, and acted in reasonable
reliance upon, bona fide evidence of majority and identity
shall be a defense to any criminal prosecution under this
subdivision. As used in this subdivision, "bona fide evidence of
majority and identity" means a document issued by a federal, state,
county, or municipal government, or subdivision or agency thereof,
including, but not limited to, a motor vehicle operator's license,
California state identification card, identification card issued to a
member of the armed 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 firearm
under Section 12021 or 12021.1 of this code or Section 8100 or 8103
of the Welfare and Institutions Code shall own, possess, or have
under his or her custody or control, any ammunition or reloaded
ammunition.
(2) For purposes of this subdivision, "ammunition" shall include,
but not be limited to, any bullet, cartridge, magazine, clip, speed
loader, autoloader, or projectile capable of being fired from a
firearm with a deadly consequence.
(3) A violation of this subdivision is punishable by imprisonment
in a county jail not to exceed one year or in the state prison, by a
fine not to exceed one thousand dollars ($1,000), or by both the fine
and imprisonment.
(c) Unless it is with the written permission of the school
district superintendent, his or her designee, or equivalent school
authority, no person shall carry ammunition or reloaded ammunition
onto school grounds, except sworn law enforcement officers acting
within the scope of their duties or persons exempted under
subparagraph (A) of paragraph (1) of subdivision (a) of Section
12027. This subdivision shall not apply to a duly appointed peace
officer as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, a full-time paid peace officer of another state or
the federal government who is carrying out official duties while in
California, any person summoned by any of these officers to assist in
making an arrest or preserving the peace while he or she is actually
engaged in assisting the officer, a member of the military forces of
this state or of the United States who is engaged in the performance
of his or her duties, a person holding a valid license to carry the
firearm pursuant to Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, who is
engaged in the performance of his or her duties, as defined in
subdivision (e) of Section 7521 of the Business and Professions Code.
A violation of this subdivision is punishable by imprisonment in a
county jail for a term not to exceed six months, a fine not to exceed
one thousand dollars ($1,000), or both the imprisonment and fine.
(d) (1) A violation of paragraph (1) of subdivision (b) is
justifiable where all of the following conditions are met:
(A) The person found the ammunition or reloaded ammunition or took
the ammunition or reloaded ammunition from a person who was
committing a crime against him or her.
(B) The person possessed the ammunition or reloaded ammunition no
longer than was necessary to deliver or transport the ammunition or
reloaded ammunition to a law enforcement agency for that agency's
disposition according to law.
(C) The person is prohibited from possessing any ammunition or
reloaded ammunition solely because that person is prohibited from
owning or possessing a firearm only by virtue of Section 12021.
(2) Upon the trial for violating paragraph (1) of subdivision (b),
the trier of fact shall determine whether the defendant is subject
to the exemption created by this subdivision.
(3) The defendant has the burden of proving by a preponderance of
the evidence that he or she is subject to the exemption provided by
this subdivision.
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.