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AB 962 <br />1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />I7 <br />18 <br />19 <br />20 <br />2I <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />32 <br />33 <br />34 <br />35 <br />36 <br />37 <br />38 <br />39 <br />40 <br />-14- <br />(A) The person found the ammunition or reloaded ammunition <br />or took the ammunition or reloaded ammunition from a person <br />who was committing a crime against him or her. <br />(B) The person possessed the anununition or reloaded <br />ammunition no longer than was necessary to deliver or transport <br />the ammunition or reloaded ammunition to a law enforcement <br />agency for that agency's disposition according to law. <br />(C) The person is prolibited from possessing any ammunition <br />or reloaded ammunition solely because that person is prohibited <br />from owning or possessing a firearm only by virtue of Section <br />12021 or ammunition or reloaded ammunrtion because of <br />paragraph (4) of subdivision (b). <br />(2) Upon the trial for violating paragraph (1) or (4) of <br />subdivision (b), the trier of fact shall determine whether the <br />defendant is subject to the exemption created by this subdivision. <br />(3) The defendant has the burden of proving by a preponderance <br />of the evidence that he or she is subject to the exemption provided <br />by this subdivision. <br />SEC. 5. Secrion 12317 is added to the Penal Code, to read: <br />12317. (a) Any person, corporation, or firm who supplies, <br />delivers, sells, or gives possession or control of, any ammunition <br />to any person who he or she knows or using reasonable care should <br />know is prohibited from owning, possessing, or having under his <br />or her custody or control, any ammunition or reloaded ammunition <br />pursuant to paragraph {l) or (4) of subdivision (b) of Section <br />12316, is guilty of a misdemeanor, punishable by imprisonment <br />in a county jail not exceeding one year, or a fine not exceeding <br />one thousand dollars ($1,000), or by both that fine and <br />imprisonment. <br />(b) The provisions of this section are cumulative and shall not <br />be construed as restricting the application of any other law. <br />However, an act or omission punishable in different ways by this <br />section and another provision of law shall not be punished under <br />more than one provision. <br />(c) For purposes of this section, "anvnunition" shall include, <br />but not be limited to, any bullet, cartridge, magazine, clip, speed <br />loader, autoloader, or projectile capable of being fired from a <br />firearm with deadly consequence. "Ammunition" does not include <br />blanks used in prop weapons. <br />SEC. 6. Section 12318 is added to the Penal Code, to read: <br /> <br />