Ammunition and firearms.

(1) Existing law authorizes issuance of an injunction prohibiting specified criminal gang activity for purposes of abating a nuisance. This bill would require the court issuing an injunction against gang activity, as specified, to state on the record whether any or all of the defendants are enjoined from possessing a firearm as a term of the injunction. (2) Existing law defines "handgun ammunition" for most purposes as ammunition principally for use in handguns, notwithstanding that the ammunition may also be used in some rifles. This bill would delete the phrase "principally" from that definition and recast the definition of handgun ammunition to mean ammunition capable of being used in pistols, revolvers, and other firearms, capable of being concealed upon the person, notwithstanding that the ammunition may also be used in some rifles. Further, the bill would define "handgun ammunition" for the purposes of delivery or transfer of handgun ammunition and for the purposes of specified provisions related to handgun ammunition vendors as any variety of ammunition of a specified caliber, notwithstanding that the ammunition may also be used by some rifles. (3) Existing law prohibits a vendor from selling or otherwise transferring ownership of any handgun ammunition without, at the time of delivery, legibly recording specified information regarding the purchaser or transferee, and maintaining the record for a period of not less than 5 years, as specified. Existing law provides that violation of these provisions is a misdemeanor. Existing law also provides that the records shall be subject to inspection by any peace officer and certain others, as specified, for purposes of an investigation where access to those records is or may be relevant to that investigation, when seeking information about persons prohibited from owning a firearm or ammunition, or when engaged in ensuring compliance with laws pertaining to firearms or ammunition, as specified. This bill would require that the information described above in connection with the transfer of handgun ammunition be legibly or electronically recorded. The bill would provide that commencing February 1, 2012, except for investigatory and enforcement purposes described above, no ammunition vendor shall provide the information described above to any 3rd party without the written consent of the purchaser or transferee and would require the records to be maintained in a manner that protects the privacy of the purchaser or transferee who is the subject of the record. The bill would also permit records containing that information to be copied for investigatory or enforcement purposes by any person authorized to inspect those records, as specified. The bill would provide that anyone who uses, copies, or discloses any of the information for any purpose that is unauthorized by these provisions is guilty of a misdemeanor. Any required ammunition records that are no longer required to be maintained would be destroyed in a manner that protects the privacy of the purchaser or transferee who is the subject of the record. The bill would provide that violation of these provisions is a misdemeanor. By creating new crimes, and by expanding the scope of an existing crime, this bill would impose a state-mandated local program. The bill would require ammunition vendors, commencing February 1, 2012, to provide written notice to the local police chief, or if the vendor is in an unincorporated area, to the county sheriff, of the vendor's intent to conduct business in the jurisdiction, and to obtain any regulatory or business license required by the jurisdiction for ammunition sellers. (4) Existing law provides that the delivery or transfer of ownership of handgun ammunition may only occur in a face-to-face transaction with the deliverer or transferor being provided bona fide evidence of identity from the purchaser or other transferee. This bill would also provide that handgun ammunition may be purchased over the Internet or through other means of remote ordering if a handgun ammunition vendor in California initially receives the ammunition and processes the transfer, as specified. (5) Existing law provides that a handgun ammunition vendor shall not permit any employee who the vendor knows or reasonably should know is a person prohibited from possessing firearms, as specified, to handle, sell, or deliver handgun ammunition in the course and scope of employment. Existing law also provides that a handgun ammunition vendor shall not sell or otherwise transfer ownership of, offer for sale or otherwise offer to transfer ownership of, or display for sale or display for transfer of ownership of any handgun 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. Existing law, operative January 1, 2012, provides that specified records of handgun ammunition transfers created by handgun ammunition vendors shall be subject to inspection by a peace officer district attorney or by an employee of the Department of Justice, as specified. This bill would make a violation of these provisions a misdemeanor. By creating new crimes, this bill would impose a state-mandated local program. (6) 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.