SECTIONS 12060-12061 - California Statutes

PENAL CODE

SECTION 12060-12061

12060. As used in this article, the following terms apply:
(a) "Department" means the Department of Justice.
(b) "Handgun ammunition" means handgun ammunition as defined in
subdivision (a) of Section 12323, but excluding ammunition designed
and intended to be used in an "antique firearm" as defined in Section
921(a)(16) of Title 18 of the United States Code. Handgun ammunition
does not include blanks.
(c) "Handgun ammunition vendor" or "vendor" means any person,
firm, corporation, dealer, or any other business enterprise that is
engaged in the retail sale of any handgun ammunition, or that holds
itself out as engaged in the business of selling any handgun
ammunition.

12061. (a) A vendor shall comply with all of the following
conditions, requirements and prohibitions:
(1) A vendor shall not permit any employee who the vendor knows or
reasonably should know is a person described in Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code to handle, sell, or deliver handgun ammunition in
the course and scope of his or her employment.
(2) A 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
employee thereof.
(3) Commencing February 1, 2011, a vendor shall not sell or
otherwise transfer ownership of any handgun ammunition without, at
the time of delivery, legibly recording the following information:
(A) The date of the sale or other transaction.
(B) The purchaser's or transferee's driver's license or other
identification number and the state in which it was issued.
(C) The brand, type, and amount of ammunition sold or otherwise
transferred.
(D) The purchaser's or transferee's signature.
(E) The name of the salesperson who processed the sale or other
transaction.
(F) The right thumbprint of the purchaser or transferee on the
above form.
(G) The purchaser's or transferee's full residential address and
telephone number.
(H) The purchaser's or transferee's date of birth.
(4) Commencing February 1, 2011, the records required by this
section shall be maintained on the premises of the vendor for a
period of not less than five years from the date of the recorded
transfer.
(5) Commencing February 1, 2011, the records referred to in
paragraph (3) shall be subject to inspection at any time during
normal business hours by any peace officer employed by a sheriff,
city police department, or district attorney as provided in
subdivision (a) of Section 830.1, or employed by the department as
provided in subdivision (b) of Section 830.1, provided the officer is
conducting an investigation where access to those records is or may
be relevant to that investigation, is seeking information about
persons prohibited from owning a firearm or ammunition, or is engaged
in ensuring compliance with the Dangerous Weapons Control Law
(Chapter 1 (commencing with Section 12000) of Title 2 of Part 4), or
any other laws pertaining to firearms or ammunition. The records
shall also be subject to inspection at any time during normal
business hours by any other employee of the department, provided that
employee is conducting an investigation where access to those
records is or may be relevant to that investigation, is seeking
information about persons prohibited from owning a firearm or
ammunition, or is engaged in ensuring compliance with the Dangerous
Weapons Control Law (Chapter 1 (commencing with Section 12000) of
Title 2 of Part 4), or any other laws pertaining to firearms or
ammunition.
(6) Commencing February 1, 2011, the vendor shall not knowingly
make a false entry in, fail to make a required entry in, fail to
obtain the required thumbprint, or otherwise fail to maintain in the
required manner records prepared in accordance with paragraph (2). If
the right thumbprint is not available, then the vendor shall have
the purchaser or transferee use his or her left thumb, or any
available finger, and shall so indicate on the form. If the purchaser
or transferee is physically unable to provide a thumbprint or
fingerprint, the vendor shall so indicate on the form.
(7) Commencing February 1, 2011, no vendor shall refuse to permit
a person authorized under paragraph (5) to examine any record
prepared in accordance with this section during any inspection
conducted pursuant to this section, or refuse to permit the use of
any record or information by those persons.
(b) Paragraph (3) of subdivision (a) shall not apply to or affect
sales or other transfers of ownership of handgun ammunition by
handgun ammunition vendors to any of the following, if properly
identified:
(1) A person licensed pursuant to Section 12071.
(2) A handgun ammunition vendor.
(3) A person who is on the centralized list maintained by the
department pursuant to Section 12083.
(4) A target facility which holds a business or regulatory
license.
(5) Gunsmiths.
(6) Wholesalers.
(7) Manufacturers or importers of firearms licensed pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code, and the regulations issued pursuant thereto.
(8) Sales or other transfers of ownership made to authorized law
enforcement representatives of cities, counties, cities and counties,
or state or federal governments for exclusive use by those
government agencies if, prior to the delivery, transfer, or sale of
handgun ammunition, written authorization from the head of the agency
authorizing the transaction is presented to the person from whom the
purchase, delivery, or transfer is being made. Proper written
authorization is defined as verifiable written certification from the
head of the agency by which the purchaser, transferee, or person
otherwise acquiring ownership is employed, identifying the employee
as an individual authorized to conduct the transaction, and
authorizing the transaction for the exclusive use of the agency by
which he or she is employed.
(c) (1) A violation of paragraph (3), (4), (6), or (7) of
subdivision (a) is a misdemeanor.
(2) The provisions of this subdivision are cumulative, and shall
not be construed as restricting the application of any other law.
However, an act or omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.