BILL NUMBER: AB 2858 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 20, 2004
An act to add Chapter 2.8 (commencing with Section 12330) to Title
2 of Part 4 of the Penal Code, relating to the Firearm Victims'
Reimbursement Fund.
LEGISLATIVE COUNSEL'S DIGEST
AB 2858, as introduced, Ridley-Thomas. Firearm Victims'
Reimbursement Fund.
Existing law generally regulates the sale of ammunition and
firearms.
This bill would, subject to exceptions, impose a fee of 10% of the
retail sale price on every munition and a fee of 5% of the retail
sale price on every handgun, as defined, sold at retail. The fees
would be paid to the State Board of Equalization, and deposited in
the Firearm Victims' Reimbursement Fund. The Firearm Victims'
Reimbursement Fund would be used, upon appropriation, to pay
firearm-injury victims for uncompensated pecuniary losses and to pay
for related administrative costs, as specified.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Chapter 2.8 (commencing with Section 12330) is added to
Title 2 of Part 4 of the Penal Code, to read:
CHAPTER 2.8. FIREARM VICTIMS' REIMBURSEMENT FUND
12330. (a) (1) There shall be imposed a fee upon all munitions
sold at retail at the rate of 10 percent of the retail sale price for
each munition sold at retail in this state on or after January 1,
2006.
(2) Except as provided in paragraph (1), the fee shall also be
imposed upon and paid by the purchaser of munitions for munitions
purchased outside of the state and that are intended to be stored or
used in the state.
(3) There shall be imposed a fee upon all handguns sold at retail
at the rate of 5 percent of the retail sale price for each handgun
sold at retail in this state on or after January 1, 2005.
(4) The fee imposed pursuant to this section shall not exceed the
costs authorized for expenditure pursuant to subdivisions (f) and
(g).
(b) The fees imposed by this section shall be administered and
enforced by the State Board of Equalization.
(c) (1) For purposes of this section, "munition" means either a
finished munition product consisting of a projectile with its fuse,
propelling charge, or primer, or a primer component, as applicable.
"Munition" does not include a BB or a pellet commonly used in an air
rifle or pistol, or "blank" munitions which lack a projectile.
(2) For purposes of this section, "handgun" means a handgun, as
defined in Section 12001, that is on the approved list pursuant to
Section 12131.
(d) (1) The fee provided for in this section may not be imposed
upon any munition or primer component purchased by any peace officer
required to carry a firearm while on duty, or by any governmental law
enforcement agency employing that officer, for use in the normal
course of employment.
(2) The fee provided for in this section shall not be imposed upon
purchasers who have a valid California hunting license, and are
purchasing ammunition intended to be used in a rifle or shotgun, as
those terms are defined in Section 12020. The retailer shall
complete and maintain a purchaser's certificate, in a form and for a
period determined by the Board of Equalization, documenting and
verifying the purchaser's qualifications for the exemption from the
fees pursuant to this paragraph.
(3) The fee imposed pursuant to this section shall not be imposed
on any of the following transactions:
(A) A transaction conducted pursuant to Section 12082 or 12084 in
order to comply with subdivision (d) of Section 12072.
(B) A transaction that complies with an exemption from the
requirements of subdivision (d) of Section 12072.
(C) A transaction conducted pursuant to paragraph (2) of
subdivision (f) of Section 12072.
(e) All amounts required to be paid to the state under this
section shall be paid to the State Board of Equalization in the form
of remittances that are payable to that board and are separate from
the remittance of any other fee. The board shall transmit the
payments to the Treasurer to be deposited in the State Treasury to
the credit of the Firearm Victims' Reimbursement Fund, which is
hereby created.
(f) The Firearm Victims' Reimbursement Fund may be used, upon
appropriation by the Legislature, for the following purposes:
(1) To pay the State Board of Equalization for the board's cost of
implementation and administration of this section.
(2) To pay the California Victims Compensation and Government
Claims Board for the board's cost of implementation and
administration of this section.
(3) To compensate those persons who are injured by firearms and
who suffer uncompensated pecuniary loss.
(g) The fund shall be administered by the California Victims
Compensation and Government Claims Board in a similar manner and for
similar purposes as the board administers the Restitution Fund,
except that it shall not be limited to victims of crime.
(h) If the amount credited to the Firearm Victims' Reimbursement
Fund exceeds the amount necessary to fully cover reimbursable costs
pursuant to subdivision (f), the State Board of Equalization shall
temporarily adjust, for the following one-year period, the fee to be
charged pursuant to subdivision (a) to an amount estimated to deplete
any surplus in the fund during the next calendar year.
(i) The Board of Equalization and the California Victims
Compensation and Government Claims Board shall adopt regulations
necessary to implement this chapter.