SECTIONS 30300-30340 - California Statutes

PENAL CODE

SECTION 30300-30340

30300. (a) Any person, corporation, or dealer who does any 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:
(1) Sells any ammunition or reloaded ammunition to a person under
18 years of age.
(2) Sells any ammunition or reloaded ammunition designed and
intended for use in a handgun to a person under 21 years of age.
Where ammunition or reloaded ammunition may be used in both a rifle
and a handgun, 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.
(3) Supplies, delivers, or gives possession of any ammunition to
any minor who the person, corporation, or dealer knows, or using
reasonable care should know, is prohibited from possessing that
ammunition at that time pursuant to Chapter 1 (commencing with
Section 29610) of Division 9 of Title 4 of Part 6.
(b) 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 section.

30305. (a) (1) No person prohibited from owning or possessing a
firearm under Chapter 2 (commencing with Section 29800) or Chapter 3
(commencing with Section 29900) of Division 9 of this title, or
Section 8100 or 8103 of the Welfare and Institutions Code, shall own,
possess, or have under custody or control, any ammunition or
reloaded ammunition.
(2) 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.
(b) (1) A person who is not prohibited by subdivision (a) from
owning, possessing, or having under the person's custody or control,
any ammunition or reloaded ammunition, but who is enjoined from
engaging in activity pursuant to an injunction issued pursuant to
Section 3479 of the Civil Code against that person as a member of a
criminal street gang, as defined in Section 186.22, may not own,
possess, or have under the person's custody or control, any
ammunition or reloaded ammunition.
(2) A violation of this subdivision is a misdemeanor.
(c) A violation of subdivision (a) or (b) is justifiable where all
of the following conditions are met:
(1) The person found the ammunition or reloaded ammunition or took
the ammunition or reloaded ammunition from a person who was
committing a crime against the person who found or took the
ammunition or reloaded ammunition.
(2) 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.
(3) 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 Chapter 2
(commencing with Section 29800) of Division 9 or ammunition or
reloaded ammunition because of subdivision (b).
(d) Upon the trial for violating subdivision (a) or (b), the trier
of fact shall determine whether the defendant is subject to the
exemption created by subdivision (c). The defendant has the burden of
proving by a preponderance of the evidence that the defendant is
subject to the exemption provided by subdivision (c).

30306. (a) Any person, corporation, or firm who supplies, delivers,
sells, or gives possession or control of, any ammunition to any
person who he or she knows or using reasonable care should know is
prohibited from owning, possessing, or having under custody or
control, any ammunition or reloaded ammunition pursuant to
subdivision (a) or (b) of Section 30305, is guilty of a misdemeanor,
punishable by imprisonment in a county jail not exceeding one year,
or a fine not exceeding one thousand dollars ($1,000), or by both
that fine and imprisonment.
(b) The provisions of this section 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 this section and
another provision of law shall not be punished under more than one
provision.

30310. (a) Unless it is with the written permission of the school
district superintendent, the superintendent's 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
Section 25450.
(b) This section shall not apply to any of the following:
(1) A duly appointed peace officer as defined in Chapter 4.5
(commencing with Section 830) of Title 3 of Part 2.
(2) A full-time paid peace officer of another state or the federal
government who is carrying out official duties while in California.
(3) Any person summoned by any of these officers to assist in
making an arrest or preserving the peace while that person is
actually engaged in assisting the officer.
(4) A member of the military forces of this state or of the United
States who is engaged in the performance of that person's duties.
(5) A person holding a valid license to carry the firearm pursuant
to Chapter 4 (commencing with Section 26150) of Division 5.
(6) An armored vehicle guard, who is engaged in the performance of
that person's duties, as defined in subdivision (d) of Section
7582.1 of the Business and Professions Code.
(c) A violation of this section 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.

30312. (a) Commencing February 1, 2011, 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.
(b) Subdivision (a) shall not apply to or affect the sale,
delivery, or transfer of handgun ammunition to any of the following:
(1) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale,
delivery, or transfer is for exclusive use by that government agency
and, prior to the sale, delivery, or transfer of the handgun
ammunition, written authorization from the head of the agency
employing the purchaser or transferee is obtained, identifying the
employee as an individual authorized to conduct the transaction, and
authorizing the transaction for the exclusive use of the agency
employing the individual.
(2) A sworn peace officer, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 who is authorized to carry a
firearm in the course and scope of the officer's duties.
(3) An importer or manufacturer of handgun ammunition or firearms
who is licensed to engage in business pursuant to Chapter 44
(commencing with Section 921) of Title 18 of the United States Code
and the regulations issued pursuant thereto.
(4) A person who is on the centralized list maintained by the
Department of Justice pursuant to Article 6 (commencing with Section
28450) of Chapter 6 of Division 6 of this title.
(5) A person whose licensed premises are outside this state and
who is licensed as a dealer or collector of firearms pursuant to
Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto.
(6) A person who is licensed as a collector of firearms pursuant
to Chapter 44 (commencing with Section 921) of Title 18 of the United
States Code and the regulations issued pursuant thereto, whose
licensed premises are within this state, and who has a current
certificate of eligibility issued by the Department of Justice
pursuant to Section 26710.
(7) A handgun ammunition vendor.
(8) A consultant-evaluator.
(c) A violation of this section is a misdemeanor.

30315. Any person, firm, or corporation who, within this state
knowingly possesses any handgun ammunition designed primarily to
penetrate metal or armor is guilty of a public offense and upon
conviction thereof shall be punished by imprisonment in the state
prison, or in the county jail for a term not to exceed one year, or
by a fine not to exceed five thousand dollars ($5,000), or by both
that fine and imprisonment.

30320. Any person, firm, or corporation who, within this state,
manufactures, imports, sells, offers to sell, or knowingly transports
any handgun ammunition designed primarily to penetrate metal or
armor is guilty of a felony and upon conviction thereof shall be
punished by imprisonment in state prison, or by a fine not to exceed
five thousand dollars ($5,000), or by both that fine and
imprisonment.

30325. Nothing in this article shall apply to or affect the
possession of handgun ammunition designed primarily to penetrate
metal or armor by a person who found the ammunition, if that person
is not prohibited from possessing firearms or ammunition pursuant to
subdivision (a) of Section 30305, Chapter 2 (commencing with Section
29800) or Chapter 3 (commencing with Section 29900) of Division 9 of
this title, or Section 8100 or 8103 of the Welfare and Institutions
Code, and the person is transporting the ammunition to a law
enforcement agency for disposition according to law.

30330. Nothing in this article shall apply to or affect the sale
to, purchase by, possession of, or use of any ammunition by any
member of the Army, Navy, Air Force, or Marine Corps of the United
States, or the National Guard, while on duty and acting within the
scope and course of employment, or any police agency or forensic
laboratory or any person who is the holder of a valid permit issued
pursuant to Article 3 (commencing with Section 18900) of Chapter 1 of
Division 5 of Title 2.

30335. Nothing in this article shall prohibit the possession,
importation, sale, attempted sale, or transport of ammunition from
which the propellant has been removed and the primer has been
permanently deactivated.

30340. Nothing in this article shall prohibit the manufacture of
ammunition under contracts approved by agencies of the state or
federal government.