SECTIONS 30345-30365 - California Statutes

PENAL CODE

SECTION 30345-30365

30345. A vendor shall comply with all of the conditions,
requirements, and prohibitions stated in this article.

30347. A vendor shall not permit any employee who the vendor knows
or reasonably should know is a person described in 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 to handle, sell, or deliver handgun
ammunition in the course and scope of employment.

30350. 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
an employee of the vendor.

30352. (a) 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:
(1) The date of the sale or other transaction.
(2) The purchaser's or transferee's driver's license or other
identification number and the state in which it was issued.
(3) The brand, type, and amount of ammunition sold or otherwise
transferred.
(4) The purchaser's or transferee's signature.
(5) The name of the salesperson who processed the sale or other
transaction.
(6) The right thumbprint of the purchaser or transferee on the
above form.
(7) The purchaser's or transferee's full residential address and
telephone number.
(8) The purchaser's or transferee's date of birth.
(b) 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 Sections 26700 to 26915,
inclusive.
(2) A handgun ammunition vendor.
(3) A person who is on the centralized list maintained by the
department pursuant to Article 6 (commencing with Section 28450) of
Chapter 6 of Division 6 of this title.
(4) A target facility that holds a business or regulatory license.
(5) A gunsmith.
(6) A wholesaler.
(7) A manufacturer or importer 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) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if the sale
or other transfer of ownership 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 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 that individual is employed.

30355. Commencing February 1, 2011, the records required by this
article 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.

30357. (a) Commencing February 1, 2011, the records referred to in
Section 30352 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 that the
officer is conducting an investigation where access to those records
is or may be relevant, is seeking information about persons
prohibited from owning a firearm or ammunition, or is engaged in
ensuring compliance with the Dangerous Weapons Control Law, as
defined in Section 23500, or any other laws pertaining to firearms or
ammunition.
(b) The records referred to in Section 30352 shall also be subject
to inspection at any time during normal business hours by any other
employee of the department, provided that the employee is conducting
an investigation where access to those records is or may be relevant,
is seeking information about persons prohibited from owning a
firearm or ammunition, or is engaged in ensuring compliance with the
Dangerous Weapons Control Law, as defined in Section 23500, or any
other laws pertaining to firearms or ammunition.

30360. Commencing February 1, 2011, a 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 Section 30352.
If the right thumbprint is not available, then the vendor shall have
the purchaser or transferee use the left thumb, or any available
finger, and shall so indicate on the form.

30362. (a) Commencing February 1, 2011, no vendor shall, during any
inspection conducted pursuant to this article, refuse to permit a
person authorized under Section 30357 to examine any record prepared
in accordance with this article.
(b) Commencing February 1, 2011, no vendor shall refuse to permit
the use of any record or information by a person authorized under
Section 30357.

30365. (a) A violation of Section 30352, 30355, 30360, or 30362 is
a misdemeanor.
(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 different
provisions of law shall not be punished under more than one
provision.