First of all, thanks Brad.
I think many people/vendors misunderstood the details of Assembly Bill 962 and are taking the wrong position on the issue. I hope this will help explain the confusion/concern. I will site excerpts from the
State Attorney General's website and
California Penal Codes (Penal Code, Part 4, Title 2, Chapter 2.6 - Ammunition, Section 12316-12323).
Overview:
AB 962 requires, starting February 1, 2011, face-to-face sale and related record keeping of handgun ammunition sold in California to prevent/limit purchase of large quantities of concealable handgun ammunition by criminals and gang members to aid in their crimes of convenience (law maker who introduced the bill was quite upset that criminals/gang members who were prohibited from possessing firearms simply walked into Walmart and walked out with ammunition to commit crime). The bill originally had 50 rounds/month limit, but this language was removed from the final bill (which would only have decreased the tax revenue for the state).
The bill amended
Section 12316 and added to
Sections 12317/12318 of the "Ammunition" chapter of the Penal Code.
New and Amended California Firearms Legislation from
Attorney General's website:
- Any person who is enjoined from engaging in activity associated with a criminal street gang is prohibited from possessing ammunition. A violation is a misdemeanor. (§ 12316.)
- Beginning February 1, 2011, the delivery or transfer of handgun ammunition must occur in a face-to-face transaction, with the recipient providing bona fide evidence of his or her identity and age, subject to specified exceptions. Non-face-to-face transfers, such as internet transactions and mail order deliveries are prohibited. A violation is a misdemeanor.
The definition of "handgun ammunition" is the source of concern for law abiding reloaders and the bill refers to subdivision (a) of Section 12323:
12323. As used in this chapter, the following definitions shall
apply:
(a) "Handgun ammunition" means ammunition principally for use in
pistols, revolvers, and other firearms capable of being concealed
upon the person, as defined in subdivision (a) of Section 12001,
notwithstanding that the ammunition may also be used in some rifles.
Section 12316:
Where people run into trouble is
Section 12316 (b)(2) that states, "(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. 'Ammunition' does not include blanks."
BUT 12316 (b)(2) applies only to subdivision 12316 (b) which addresses illegal possession of firearm/ammunition by person who is prohibited from possessing them:
(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.
Rest of the subdivision (3) - (5) deal with subsequent penalties.
Section 12317:
Section 12317 (c) addresses selling ammunition to persons who are prohibited from possessing firearms/ammunition as mentioned in (1) or (4) of subdivision (b) of Section 12316 and subsequent penalties.
Section 12318:
Section 12318 is the core of AB 962 and states:
(b) For purposes of this section:
(2) "Handgun ammunition" means handgun ammunition as defined in
subdivision (a) of Section 12323
Once again, the definition from subdivision (a) of section 12323 states:
(a) "Handgun ammunition" means ammunition principally for use in
pistols, revolvers, and other firearms capable of being concealed
upon the person, as defined in subdivision (a) of Section 12001,
notwithstanding that the ammunition may also be used in some rifles.
Conclusion:
AB 962 was meant to prevent/limit criminals/gang members from simply walking into retail stores to buy large quantities of concealable handgun ammunition to commit crime. As defined in each section and subdivision, AB 962 definition of handgun ammunition refers to "loaded" handgun ammunition and the bill does not mention the sale of reloading components online (these sales are invoiced and documented by the vendors anyways). Face-to-face sales of handgun ammunition was meant to verify the identity of the buyer and document the purchase.
I am not an attorney, so if you want proper legal advise, please seek out the assistance of a competent legal counsel.
I hope this helped.
