2009 California Penal Code - Section 12316-12325 :: Chapter 2.6. Ammunition

PENAL CODE
SECTION 12316-12325

12316.  (a) (1) 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:
   (A) Sells any ammunition or reloaded ammunition to a person under
18 years of age.
   (B) Sells any ammunition or reloaded ammunition designed and
intended for use in a handgun to a person under 21 years of age. As
used in this subparagraph, "ammunition" means handgun ammunition as
defined in subdivision (a) of Section 12323. 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.
   (C) Supplies, delivers, or gives possession of any ammunition to
any minor who he or she knows, or using reasonable care should know,
is prohibited from possessing that ammunition at that time pursuant
to Section 12101.
   (2) 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 subdivision. As used
in this subdivision, "bona fide evidence of majority and identity"
means a document issued by a federal, state, county, or municipal
government, or subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, California state
identification card, identification card issued to a member of the
Armed Forces, or other form of identification that bears the name,
date of birth, description, and picture of the person.
   (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.
   (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.
   (3) A violation of paragraph (1) 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.
   (4) A person who is not prohibited by paragraph (1) from owning,
possessing, or having under his or her 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 his or her custody or control, any ammunition or reloaded
ammunition.
   (5) A violation of paragraph (4) of this subdivision is a
misdemeanor.
   (c) Unless it is with the written permission of the school
district superintendent, his or her 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
subparagraph (A) of paragraph (1) of subdivision (a) of Section
12027. This subdivision shall not apply to a duly appointed peace
officer as defined in Chapter 4.5 (commencing with Section 830) of
Title 3 of Part 2, a full-time paid peace officer of another state or
the federal government who is carrying out official duties while in
California, any person summoned by any of these officers to assist in
making an arrest or preserving the peace while he or she is actually
engaged in assisting the officer, a member of the military forces of
this state or of the United States who is engaged in the performance
of his or her duties, a person holding a valid license to carry the
firearm pursuant to Article 3 (commencing with Section 12050) of
Chapter 1 of Title 2 of Part 4, or an armored vehicle guard, who is
engaged in the performance of his or her duties, as defined in
subdivision (e) of Section 7521 of the Business and Professions Code.
A violation of this subdivision 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.
   (d) (1) A violation of paragraph (1) or (4) of subdivision (b) is
justifiable where all of the following conditions are met:
   (A) The person found the ammunition or reloaded ammunition or took
the ammunition or reloaded ammunition from a person who was
committing a crime against him or her.
   (B) 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.
   (C) 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 Section 12021 or
ammunition or reloaded ammunition because of paragraph (4) of
subdivision (b).
   (2) Upon the trial for violating paragraph (1) or (4) of
subdivision (b), the trier of fact shall determine whether the
defendant is subject to the exemption created by this subdivision.
   (3) The defendant has the burden of proving by a preponderance of
the evidence that he or she is subject to the exemption provided by
this subdivision.

12317.  (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 his or her
custody or control, any ammunition or reloaded ammunition pursuant to
paragraph (1) or (4) of subdivision (b) of Section 12316, 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.
   (c) For purposes of this section, "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 deadly consequence. "Ammunition" does not include
blanks.

12318.  (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. A
violation of this section is a misdemeanor.
   (b) For purposes of this section:
   (1) "Bona fide evidence of identity" means a document issued by a
federal, state, county, or municipal government, or subdivision or
agency thereof, including, but not limited to, a motor vehicle
operator's license, state identification card, identification card
issued to a member of the Armed Forces, or other form of
identification that bears the name, date of birth, description, and
picture of the person.
   (2) "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.
   (3) "Handgun ammunition vendor" has the same meaning as set forth
in Section 12060.
   (c) Subdivision (a) shall not apply to or affect the deliveries,
transfers, or sales of, handgun ammunition to any of the following:
   (1) Authorized law enforcement representatives of cities,
counties, cities and counties, or state and federal governments for
exclusive use by those government agencies if, prior to the delivery,
transfer, or sale 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) Sworn peace officers, as defined in Chapter 4.5 (commencing
with Section 830) of Title 3 of Part 2 who are authorized to carry a
firearm in the course and scope of their duties.
   (3) Importers and manufacturers of handgun ammunition or firearms
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) Persons who are on the centralized list maintained by the
Department of Justice pursuant to Section 12083.
   (5) Persons whose licensed premises are outside this state who are
licensed as dealers or collectors 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) Persons licensed as collectors 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 who has a current certificate of
eligibility issued to him or her by the Department of Justice
pursuant to Section 12071.
   (7) A handgun ammunition vendor.
   (8) A consultant-evaluator, as defined in subdivision (s) of
Section 12001.

12320.  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
such fine and imprisonment.

12321.  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 such fine and
imprisonment.

12322.  Nothing in this chapter shall apply to or affect either of
the following:
   (a) 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 his or her employment, or any
police agency or forensic laboratory or any person who is the holder
of a valid permit issued pursuant to Section 12305.
   (b) The possession of handgun ammunition designed primarily to
penetrate metal or armor by a person who found the ammunition, if he
or she is not prohibited from possessing firearms or ammunition
pursuant to Section 12021, 12021.1, or paragraph (1) of subdivision
(b) of Section 12316 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code and is transporting the ammunition to a
law enforcement agency for disposition according to law.

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.
   (b) "Handgun ammunition designed primarily to penetrate metal or
armor" means any ammunition, except a shotgun shell or ammunition
primarily designed for use in rifles, that is designed primarily to
penetrate a body vest or body shield, and has either of the following
characteristics:
   (1) Has projectile or projectile core constructed entirely,
excluding the presence of traces of other substances, from one or a
combination of tungsten alloys, steel, iron, brass, beryllium copper,
or depleted uranium, or any equivalent material of similar density
or hardness.
   (2) Is primarily manufactured or designed, by virtue of its shape,
cross-sectional density, or any coating applied thereto, including,
but not limited to, ammunition commonly known as "KTW ammunition," to
breach or penetrate a body vest or body shield when fired from a
pistol, revolver, or other firearm capable of being concealed upon
the person.
   (c) "Body vest or shield" means any bullet-resistant material
intended to provide ballistic and trauma protection for the wearer or
holder.
   (d) "Rifle" shall have the same meaning as defined in paragraph
(20) of subdivision (c) of Section 12020.

12324.  Nothing in this chapter 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.

12325.  Nothing in this chapter shall prohibit the manufacture of
ammunition under contracts approved by agencies of the state or
federal government.

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