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CPC 12316, as mirrored from law.onecle.com on 5/17/2012

Please note that this PC has changed since originally posted. You may view the differences between the current version and the version initially mirrored in 2010 by clicking here.

(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.

-- SeanNewton - 05 May 2012

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Topic revision: r2 - 17 May 2012 - SeanNewton
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