BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 357
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          Date of Hearing:   June 28, 2005 
          Counsel:                Kimberly Horiuchi


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                  Mark Leno, Chair

                      SB 357 (Dunn) - As Amended:  June 22, 2005
           

          SUMMARY  :   Establishes a program requiring the serialization of  
          handgun ammunition.  Specifically,  this bill  :   

          1)Requires that, commencing July 1, 2009, except as provided in  
            this bill, all handgun ammunition, as defined, manufactured,  
            imported into California for sale or personal use, kept for  
            sale, offered or exposed for sale, sold, given, lent, or  
            possessed shall be serialized, as specified.

          2)Provides that the Department of Justice (DOJ) shall enforce  
            the requirements of the handgun serialization program and  
            shall have authority to prescribe the manner in which handgun  
            ammunition is serialized in order to comply with the  
            requirements of this bill including, but not limited to,  
            determining how ammunition that is loose, packaged, in lots,  
            series, or otherwise aggregated for purposes of manufacture or  
            sale shall be serialized with a unique identifier, as  
            specified.

          3)Authorizes the DOJ to adopt regulations to collect end-user  
            fees in an amount not to exceed one-half of one cent per round  
            of ammunition or per bullet, where the accumulated fee amount  
            will not exceed the cost to pay for the infrastructure,  
            implementation, operational, enforcement, and future  
            development costs of the program.

          4)States that the DOJ has the authority to adopt regulations  
            relating to the implementation and furtherance of a retail  
            ammunition vendor's registry and the assessment and collection  
            of fees associated with the registration program in an amount  
            not to exceed $50 per year, per retail location, adjusted  
            annually for inflation based upon the California Consumer  
            Price Index, as specified, and where the accumulated fee  
            amount will not exceed the cost to pay for the infrastructure,  
            implementation, operation, enforcement, and future development  








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            costs of serialization.

          5)Authorizes the DOJ to adopt or amend regulations relating to  
            this bill in an effort to incorporate new technologies as they  
            become available.

          6)Defines "handgun ammunition" as follows:

             a)   Ammunition principally for use in pistols, revolvers,  
               and other firearms capable of being concealed upon the  
               person, as specified, notwithstanding that the ammunition  
               may also be used in some rifles;

             b)   22 caliber rimfire ammunition;

             c)   Assembled handgun ammunition packaged for retail sale;

             d)   Bullets used for reloading or hand-loading handgun  
               ammunition packaged for retail sale; and,

             e)   Serialized handgun ammunition does not include blank  
               cartridges, shot-shells, or projectiles used in black  
               powder handguns.

          7)Defines "serialized" as including all the following:

             a)   The ammunition has been identified in a manner  
               prescribed by the DOJ so that all assembled ammunition  
               contained within a package provided for retail sale, or as  
               otherwise specified by DOJ, is uniquely identified;

             b)   Bullets used for reloading or hand-loading contained  
               within a package provided for retail sale, or as otherwise  
               specified by DOJ, are uniquely identified;

             c)   Identification of the manufacturer of the ammunition;

             d)   Identification on the exterior of the ammunition in a  
               manner that permits visual inspection for the purpose of  
               determining if the assembled ammunition or bullet complies  
               with the serialization requirement;

             e)   Identification on the exterior of the ammunition in a  
               manner maintained subsequent to the discharge of the  
               ammunition and subsequent to the impact of the bullet,  








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               based on standards prescribed by DOJ; and,

             f)   Identification on the exterior of every package or  
               container of serialized ammunition, as prescribed by DOJ,  
               with the same unique identifiers used on the assembled  
               ammunition or bullets contained within the packaging or  
               container.  No package or container shall be labeled with  
               the same unique identifiers as any other package or  
               container by the same manufacturer.

          8)States that commencing July 1, 2009, makes it a crime  
            punishable as an alternate misdemeanor/felony for any person  
            to manufacture, cause to be manufactured, import into  
            California for sale or personal use, keep for sale, offer or  
            expose for sale, or to give or lend any handgun ammunition  
            that is not serialized pursuant to this bill.

          9)States that commencing July 1, 2016, makes any person who  
            possesses in any public place any handgun ammunition not  
            serialized guilty of an infraction, punishable by a fine not  
            exceeding $500, or a misdemeanor, punishable by imprisonment  
            up to six months in jail, a fine of up to $1,000, or both.

          10)Defines "public place" as an area open to the public and  
            includes streets, sidewalks, bridges, alleys, plazas, parks,  
            driveways, front yards, parking lots, automobiles, whether  
            moving or not, and buildings open to the general public,  
            including those that serve food or drink, or provide  
            entertainment, and the doorways and entrances to buildings or  
            dwellings.

          11)Provides exceptions to the "public place" and other  
            possession restrictions on handgun ammunition without  
            "serialization," including:

             a)   Forensic laboratories and agencies such as law  
               enforcement and employees within the course and scope of  
               their official duties; 

             b)   Law enforcement and other agencies charged with the  
               administration of justice for purpose of investigation,  
               evidence, or disposition; 

             c)   Possession for purposes of disposition by an executor or  
               administrator of an estate, as specified; 








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             d)   Possession for purposes of transporting it to a law  
               enforcement agency for disposition, as specified;  
               possession by peace officers from other states in  
               California on official duties; and,

             e)   Members of the California National Guard during their  
               official duties.

          12)States that no person engaged in the retail sale of handgun  
            ammunition shall sell, lease, or transfer serialized  
            ammunition unless he or she is a registered ammunition vendor  
            as described in this bill.

          13)Provides that any person not a registered ammunition vendor  
            and engages in the retail sale of ammunition shall be guilty  
            of an infraction or a misdemeanor.

          14)Defines "vendor," "ammunition vendor," or "registered  
            ammunition vendor" as any person, business, or corporation  
            engaged in the retail sale of handgun ammunition as defined in  
            this bill and who has all of the following:

             a)   Any regulatory or business license, or licenses,  
               required by local government;

             b)   A valid seller's permit issued by the State Board of  
               Equalization; and,

             c)   Among those recorded in the centralized ammunition  
               vendor's registry created by this bill.

          15)Requires the DOJ to keep a centralized registry of all  
            persons engaged in the retail sale of serialized ammunition  
            and authorizes DOJ to remove from this registry any person who  
            violates the provisions of this bill.

          16)Requires that upon removal of a vendor from the registry,  
            notification shall be provided to local law enforcement and  
            licensing authorities in the jurisdiction where the vendor's  
            business is located.

          17)Authorizes the DOJ to inspect ammunition vendors to ensure  
            compliance with this chapter.









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          18)Provides that nothing in this bill shall prohibit any local  
            jurisdiction from adopting one or more ordinances relating to  
            the inspection of ammunition vendors.

          19)States that any vendor, agent or employee of the vendor that  
            sells or otherwise transfers ownership of any serialized  
            handgun ammunition shall record the following information in a  
            format prescribed by the DOJ:

             a)   The date of the transaction.

             b)   The name of the transferee.

             c)   The transferee's driver license number or other  
               government issued identification card number and the  
               governmental agency that issued the identification.

             d)   In order to validate a transferee's age and ensure  
               compliance with Penal Code Section 12316 [prohibition on  
               the sale of handgun ammunition to a person under the age of  
               21], the date of birth of the transferee.

             e)   The unique identifier of all handgun ammunition or  
               bullets transferred.

             f)   All other information prescribed by the DOJ.

          20)States that on the date the vendor delivers the handgun  
            ammunition to the transferee, he or she shall report the  
            required information to the DOJ in a manner prescribed by DOJ.

          21)States that a copy of the required information records shall  
            be maintained on the premises of the vendor for a period of  
            not less than three years from the date of the recorded  
            transfer and shall be subject to inspection at any time during  
            normal business hours by any peace officer, or by any  
            authorized employee of the DOJ, if the inspection relates to  
            an investigation where access to those records is or may be  
            relevant to that investigation, is seeking information about  
            persons prohibited from owning a firearm or ammunition, or is  
            engaged in ensuring compliance with the Dangerous Weapons  
            Control Law or any other laws pertaining to firearms.

          22)Provides that any vendor or employee or agent of a vendor  
            that willfully fails to comply with, or falsifies the records  








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            required to be kept by this bill is guilty of a public offense  
            punishable by imprisonment in a county jail not exceeding one  
            year or in the state prison.

          23)States that proof that a vendor or his or her agent or  
            employee demanded, was shown, and acted in reliance upon, bona  
            fide evidence of identity shall be a defense to any criminal  
            prosecution under this subdivision so long as reliance upon  
            the proof of identity was reasonable.

          24)Provides that any person that presents false identification  
            to a vendor with the intent to avoid the recording  
            requirements of this section shall be guilty of a misdemeanor.

          25)Provides that any vendor that refuses to permit an authorized  
            person to examine any record prepared in accordance with this  
            section during any inspection conducted pursuant to this  
            section shall be guilty of a misdemeanor.

          26)States that no person engaged in the commercial manufacture  
            of serialized handgun ammunition shall sell, loan, or transfer  
            serialized ammunition, unless that person is a registered  
            ammunition manufacturer as defined in this bill; a violation  
            is punishable as a misdemeanor.

          27)Defines "manufacturer," "ammunition manufacturer," or  
            "registered ammunition manufacturer" as any person, business,  
            or corporation who manufactures handgun ammunition within  
            California or manufacturers' handgun ammunition with the  
            intent to distribute that ammunition for purposes, within  
            California, of sale, loan, or transfer.

          28)Requires that manufacturers shall do all of the following:

             a)   Register with the DOJ in a manner prescribed by DOJ.

             b)   Maintain records on the business premises for a period  
               of seven years concerning all sales, loans, and transfers  
               of ammunition, to, from, or within California.

             c)   Comply with all other regulations concerning ammunition  
               manufacture and sale adopted by DOJ.

          29)States that any manufacturer that fails to comply with the  
            provisions of this section shall be liable for a civil fine of  








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            not more than one $1,000 for a first violation, not more than  
            five $5,000 for a second violation, and not more $10,000 for a  
            third and subsequent violation.  A civil action to enforce  
            this section may be brought by a city attorney or district  
            attorney, or the Attorney General.  These provisions shall not  
            preclude any other remedy available under California law.

          30)States that the DOJ may inspect ammunition manufacturers to  
            ensure compliance with this bill.

          31)States that for purposes of this chapter, every 50 pieces or  
            fewer of assembled ammunition or bullets used for reloading or  
            hand-loading shall constitute a separate and distinct offense.

          32)Provides that any person who willfully destroys, obliterates,  
            or otherwise renders unreadable, the serialization required  
            pursuant to this bill, on any bullet or assembled ammunition  
            is punishable by imprisonment in a county jail, not to exceed  
            one year, or in the state prison.

          33)Commencing July 1, 2007, DOJ shall maintain a centralized  
            registry of all reports of handgun ammunition transactions  
            reported to DOJ pertaining to "serialized handgun ammunition"  
            and shall make that information available to specified law  
            enforcement and to the persons listed in the registry.

          34)Provides that nothing in this new law pertaining to  
            registered ammunition vendors shall prohibit any local  
            jurisdiction from adopting one or more ordinances relating to  
            the inspection of ammunition vendors.

          35)Creates an exception for the transportation and possession of  
            non-serialized ammunition for those that are moving between  
            domiciles provided that the transportation is otherwise  
            lawful. 

          36)Creates an exception for the importation of 50 or fewer  
            rounds by a non-resident of California for personal protection  
            during a temporary visit to California so long as the  
            transportation is otherwise lawful and the caliber of  
            ammunition matches the caliber of the firearm lawfully  
            possessed and simultaneously transported. 
           
          EXISTING LAW  :









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          1)Defines "handgun ammunition" as ammunition principally for use  
            in pistols, revolvers, and other firearms capable of being  
            concealed upon the person, as defined, notwithstanding that  
            the ammunition may also be used in some rifles.  [Penal Code  
            Section 12323(a).]

          2)States that for purposes of specified prohibitions on selling  
            and possessing ammunition, "ammunition" includes, but is 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.  [Penal Code Section  
            12316(b)(2).]

          3)Makes it a crime for persons who are prohibited from  
            possessing firearms to possess ammunition, punished as an  
            alternate misdemeanor/felony.  [Penal Code Section  
            12316(b)(1).]

          4)Makes it a misdemeanor for any person, corporation, or  
            licensed firearms dealer to:  (a) sell ammunition to a person  
            "knowing" that the person is under 18 years of age, and (b)  
            sell handgun ammunition to a person "knowing" that the person  
            is under 21 years of age; 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 law; and "bona fide evidence of  
            majority and identity" is defined.  [Penal Code Section  
            12316(a).]

          5)Requires DOJ to obtain, maintain, and make available to  
            specified law enforcement and others a variety of information.  
             (Penal Code Section 11106.)

          6)Provides that "willfully," when applied to the intent, with  
            which an act is done or omitted, implies simply a purpose or  
            willingness to commit the act, or make the omission referred  
            to.  It does not require any intent to violate law, or to  
            injure another, or to acquire any advantage.  (Penal Code  
            Section 7.)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :    









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           1)Author's Statement  :  According to the author, "This bill  
            requires all handgun ammunition manufactured or sold in  
            California to be marked with a unique identifier - essentially  
            bringing ammunition laws and investigative tools into the  
            modern age.  Bullet serialization is a new, fast and effective  
            way for law enforcement and forensic experts to identify  
            locate and convict murderers and violent felons.  Essentially,  
            this means every handgun bullet sold in California will have a  
            number or other identifier stamped, engraved, affixed or in  
            some way attached to it.

          "This identifier is associated with the purchaser of the bullet  
            at the point of sale.  Law enforcement officers can read the  
            serial number on a bullet found at a crime scene - without the  
            aid of expensive specialized tools - and immediately determine  
            the name and address of the individual who purchased the  
            bullet by accessing a database maintained by DOJ.  In  
            addition, this bill requires manufacturers, vendors and  
            purchasers of handgun ammunition to submit information to DOJ,  
            assesses fees for the registration of vendors and the purchase  
            of handgun ammunition, and puts in place penalties for  
            individuals and corporations who attempt to circumvent the  
            requirements of this important bill.

          "According to 'Crime in California:  2003', by the Criminal  
            Justice Statistics Center of DOJ, there were 2,402 homicides  
            reported in California during 2003.  Of these crimes, 72.8%  
            (1,733) were committed with a firearm.  Unfortunately, 44.9%  
            of these homicides were unsolved in 2003, which was a 3.2%  
            increase from 2002.  The victims of homicide in California  
            during 2003, were predominately Hispanic (44%), 18 to 24 years  
            old (31.2%) and male (82.1%).  Gang-related activities made up  
            over one-third (33.6%) of all contributing factors in these  
            homicides.  Additionally, 63,597 robberies were reported in  
            2003, with armed robbery accounting for 53.9% (34,252) of  
            these crimes.  A firearm was used in 64.7% (22,161) of all  
            armed robberies.  Only 27.1% of robberies were solved in 2003.  
             This bill provides additional tools law enforcement can use  
            to track down violent felons and murderers, and has broad  
            support from law enforcement and victims' rights  
            organizations."

           2)Background  :  According to DOJ, there are several patents  
            currently pending related to bullet identification, not all of  
            which pertain to "ammunition serialization" but some do.  In  








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            addition, one system is described at  
             http://www.ammocoding.com/index.php  , a Web site for Ammunition  
            Coding System (ACS) with a Seattle address and includes the  
            following:

              a)   Bullet Identification Technology:  A Modern  
               Crime-Fighting Tool  :  In an effort to provide law  
               enforcement with modern crime fighting tools, a new  
               patent-pending bullet identification technology known as  
               ACS has been developed.  ACS assigns a unique code to every  
               round of ammunition manufactured; by recording sales  
               records, law enforcement personnel will be able to easily  
               trace the ammunition involved in a crime and have an avenue  
               to pursue and solve even the most difficult cases.  The key  
               to ACS is the unique code that is micro-laser engraved on  
               factory-produced ammunition.  This laser engraving is  
               etched on both the projectile and the inside of the  
               cartridge casing.  Each code will be common to a single box  
               of cartridges and unique from all other ammunition sold.   
               The unique ACS codes will be tracked and records maintained  
               to identify individual ammunition purchases.  The ACS  
               technology will provide a method for law enforcement  
               personnel to trace ammunition purchases and link bullets  
               and cartridge cases found at crime scenes to the initial  
               retail ammunition purchaser.  This system will not  
               necessarily prove who pulled the trigger, but it will  
               provide law enforcement with a valuable lead and a starting  
               point to quickly begin their investigations.  The design of  
               the ACS laser engraving system will allow law enforcement  
               personnel to identify the bullet code in cases where as  
               little as 20% of the bullet base remains intact after  
               recovery.  Since bullets are designed to keep the base  
               solid and in its original configuration, the likelihood of  
               ACS codes remaining legible after recovery is very high.   
               Law enforcement testing has already shown a 99% success  
               rate in identifying the ACS code after bullet recovery.

              b)   What Are the Costs to Manufacturers  :  There are several  
               well known manufacturers currently producing a significant  
               portion of the current commercially available ammunition in  
               the United States.  Each ammunition producer would be  
               required to purchase at least one, if not more, laser  
               engraving machines and ammunition material handlers to  
               produce ACS-coded ammunition.  There are several  
               manufacturers who can design and build this equipment.   








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               Reliable estimates for a complete set of engraving/material  
               handling equipment range from $300,000 to $500,000 each.  A  
               licensing fee for each bullet sold would also be required.   
               However, since approximately 10 billion bullets are sold in  
                        the United States alone each year, equipment costs, once  
               amortized over the number of bullets produced and sold, are  
               not significant.

             This bill provides that the DOJ "shall have authority to  
               prescribe the manner in which handgun ammunition is  
               serialized in order to comply with the requirements of  
               Penal Code Section 12314 [the new misdemeanor/felony crime  
               of manufacturing, selling, importing, or giving handgun  
               ammunition that is not serialized] including, but not  
               limited to, determining how ammunition that is loose,  
               packaged, in lots, series, or otherwise aggregated for  
               purposes of manufacture or sale shall be serialized with a  
               unique identifier, pursuant to Penal Code Section 12314."

             This bill also further authorizes the DOJ to "adopt or amend"  
               regulations to implement this bill and mentions amending  
               regulations to "incorporate new technologies as they become  
               available" without any limits to future changes which could  
               affect both manufacturers and vendors.  For example, a  
               required technology could be replaced in the future with  
               another technology at the discretion of the DOJ.

           3)Fifth Amendment Takings Clause  :  The Fifth Amendment to the  
            United States Constitution provides that "no person shall be .  
            . . deprived of . . . property, without due process of law,  
            nor shall private property be taken for public use, without  
            just compensation.  Also, Article I, Section 19, of the  
            California Constitution, provides that "private property may  
            be taken or claimed for public use only when just compensation  
            ascertained by a jury, unless waived, has been paid to, or  
            into the court for, the owner."  This bill makes it a crime to  
            possess handgun ammunition which is not serialized - effective  
            July 1, 2016 - in a public place.  At the present time, such  
            handgun ammunition is not generally illegal to possess or  
            transfer or use.  This bill does not make such handgun  
            ammunition absolutely illegal to possess after July 1, 2009.   
            However, this bill makes transporting such handgun ammunition  
            in a public place - including in "automobiles, whether moving  
            or not" - generally a crime with an exception for transporting  
            such handgun ammunition to a law enforcement agency for  








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            disposition (without any compensation mentioned).

          It would not be legal to transport such ammunition in public to  
            a shooting range and use such ammunition after July 1, 2009.   
            Nor would business owners - and "buildings open to the general  
            public" are included as public places in this bill - be immune  
            from criminal penalties if they had a handgun legally at their  
            place of business but with handgun ammunition which is  
            otherwise required to be serialized and is pre-July 1, 2009  
            handgun ammunition.

          Another example might be that this bill would make it a crime if  
            a person moved from one house or apartment to another and  
            transported handgun ammunition which was not serialized after  
            July 1, 2009.  Or some persons might collect ammunition,  
            including handgun ammunition, and those collections could  
            subject a collector to criminal penalties under the provisions  
            of this bill after July 1, 2009.

          While handgun ammunition may not be especially "expensive" in  
            smaller quantities, handgun ammunition does have value and it  
            is property.  It is not clear to Committee staff whether or  
            not there would be a valid "governmental taking without  
            compensation" argument to be made pertaining to this bill; it  
            is at least conceivable that such a claim could be made.

           4)Transporting Ammunition Across State Lines  :  This bill would  
            criminalize the importation of handgun ammunition into  
            California from other states, whether by a California citizen  
            or not.  It is assumed that any person in California is  
            familiar with California laws and court interpretations of  
            those laws.  However, it may be presumed that not every person  
            traveling into California will be familiar with the provisions  
            of this bill if enacted and in effect on 
          July 1, 2009.  This bill is being amended to include an  
            exception for those transporting less than 50 rounds across  
            state lines assuming that transportation is otherwise lawful. 

           5)Provisions in This Bill Part of SB 1152 (Scott)  :  SB 1152  
            (Scott), of the 2003-04 Legislative Session, was vetoed.  SB  
            1152 contained the provisions now in this bill as well as  
            other provisions related to recordkeeping of handgun  
            ammunition sales.  The Governor's veto message for SB 1152  
            follows in its entirety.  No where in that veto message is any  
            mention of the provisions now contained in this bill:  








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           "I am returning Senate Bill 1152 without my signature.  This  
            bill proposes an ammunition registration process that has  
            already been considered and rejected by the federal government  
            when they repealed a substantially similar law citing it was  
            simply unworkable and offered no public safety benefit.  In  
            addition, no other state collects information on ammunition  
            sales or purchasers.  Forensic testing of ammunition used in a  
            crime is the most effective way of tracing criminal activity.   
            For these reasons, I am returning this bill without my  
            signature."

           6)Arguments in Support  :  

              a)   Million Mom March  states, "This bill would require that  
               all handgun ammunition manufactured after July 1, 2007 be  
               serialized.  Further, the manufacture, transfer,  
               importation and public possession of non-serialized handgun  
               ammunition after that date would be an offense.  Finally,  
               this bill would require vendors and manufacturers to  
               register with DOJ and a database would be created by DOJ  
               linking purchasers to the serialized ammunition.  The cost  
               to administer this bill would be funded by vender and  
               end-user fees.  Opponents of this bill have argued that  
               serialization would lead to prohibitive increases in  
               ammunition costs and lead ammunition manufacturers to  
               abandon the California market.  The best available data  
               indicates that the increase in cost of serialized  
               ammunition, including the manufacturing costs, would be no  
               more than one cent per bullet and probably half that  
               amount.  We consider this an acceptable increase when  
               compared to the price society must pay for gun crime.  The  
               idea that ammunition manufacturers would abandon the  
               California market is absurd as it is the largest market in  
               the nation."

              b)   Brady Campaign to Prevent Gun Violence  states, "Every  
               year, 1,600 people die from handgun homicides in  
               California.  In 45% of California's homicides, no arrest is  
               made because the police lack the evidence to find the  
               murderer.  Our organization supports this bill because we  
               feel that police need effective tools to capture armed  
               criminals."

           7)Arguments in Opposition  :  The Santa Ana Police Officers  








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            Association, et al. states, "This bill depends upon the  
            cooperation of criminals who would be expected to make their  
            ammunition acquisitions from retailers and to register  
            themselves as serialized ammunition buyers.  Criminal street  
            gang members and other perpetrators of crime, who are often  
            under the legal age for buying handguns and ammunition, would  
            have no trouble getting both from sources other than  
            retailers.  It would not take long before criminals of all  
            kids learned not to buy ammunition from retailers.  They can  
            easily obtain ammunition from out-of-state sources or from the  
            underground marketplace in California.  They have historically  
            done so. 

          "The domestic small arms ammunition industry utilizes modern  
            production processes and distribution practices to produce at  
            least eight billion cartridges per year.  Any attempt to  
            serialize ammunition on a mass production basis would reduce  
            current manufacturing product rates, while substantially  
            increasing the cost of production.  Concerns have been raised  
            that it would take almost three weeks to manufacture what is  
            currently made in a single day.  Ammunition manufacturers such  
            as Winchester, Federal Cartridge/ATK and Remington, who  
            collectively account for a vast majority of market share,  
            simply cannot afford the hundreds of millions in capital  
            investment it would cost to build the new factories that would  
            be needed in order to meet the requirements of this bill  
            without significantly increasing the cost per round of  
            ammunition.  The net result would be a potentially massive  
            increase in the price of ammunition for all consumers,  
            including law enforcement officers.

          "We are concerned that this bill will create overnight a black  
            market in non-serialized or counterfeit ammunition which would  
            create yet another revenue stream for gangs and criminals.   
            Finally, notwithstanding all these aforementioned concerns, we  
            are afraid that serious evidentiary problems will arise if  
            non-serialized ammunition cases are ever prosecuted.  It will  
            be difficult to maintain integrity in packaging once a box of  
            ammunition is opened.  

          "Unless 'chain of custody' can be shown beyond a reasonable  
            doubt, it will be difficult, if not impossible, to prosecute  
            cases based solely on ammunition identification."

           8)Related Legislation  :  








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             a)   AB 352 (Koretz) requires specified semiautomatic pistols  
               to be equipped with microscopic identifying markings which  
               are transferred to each cartridge case when the firearm is  
               fired.  AB 352 is scheduled to be heard by the Senate  
               Committee on Public Safety on June 28, 2005.
              
              b)   AB 996 (Ridley-Thomas) states that no retail seller of  
               ammunition shall sell, offer for sale, or display for sale,  
               any ammunition in a manner that allows the ammunition to be  
               accessible to the purchaser without the assistance of the  
               retailer or employee.  AB 996 is pending hearing by the  
               Senate Appropriations Committee.  

          9)Prior Legislation  :

             a)   AB 1152 (Scott), of the 2003-04 Legislative Session,  
               would have required that all vendors of firearm ammunition  
               maintain specified information pertaining to purchasers on  
               a form prescribed by DOJ.  AB 1152 was vetoed.

             b)   AB 50 (Koretz), Chapter 494, Statutes of 2004, adds the  
               .50 caliber BMG rifle to the list of dangerous weapons and  
               creates new felonies for the manufacture, sale, or  
               possession without a permit of this firearm.


           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          Department of Justice (Sponsor)
          Alameda County Sheriffs Association
          American College of Emergency Physicians-California Chapter
          Brady Campaign to Prevent Gun Violence
          California Attorney General Bill Lockyer
          California Million Mom March
          California Reserve Peace Officers Association
          City of Fresno Police Chief Jerry Dyer
          Coalition to Stop Gun Violence
          Davis Police Department
          Legal Community Against Violence
          Los Angeles City Attorney's Office
          Los Angeles County Sheriff's Office
          Million Mom March, Nevada County Chapter








                                                                  SB 357
                                                                  Page 16

          Million Mom March, Sonoma County Chapter
          Physicians for Social Responsibility 
          Sacramento City Police 
          Santa Ana Police Chief Paul Walters
          Stop Gun Violence, Orange County Citizens for the Prevention of  
          Gun Violence
          United States Senator Diane Feinstein
          Violence Prevention Coalition of Orange County
          11 private citizens

           Opposition 

           Al Taucher Preserving Hunting and Fishing
            Opportunities Advisory Committee to the
            Fish and Game Commission
          Arkansas Governor Mike Huckabee
          Association for Los Angeles Deputy Sheriff's, Inc. 
          California Association of Firearm Retailers
          California Rifle and Pistol Association, Inc. 
          California Sportsmen's Lobby, Inc. 
          California State Fraternal Order of Police
          Citizens Committee to Keep and Bear Arms
          Crossroads of the West Gun Shows
          Finch Arms Headquarters
          Folsom Shooting Club, Inc. 
          Fresno County Sportsmen's Club
          Gun Owners of California
          Herb Bauer Sporting Goods
          Law Enforcement Alliance of America
          Let's Talk Bowhunting
          Long Beach Police Officers Association
          Los Angeles County Professional Peace Officers Association
          Los Angeles Police Protection League
          Mendocino County Sheriff Anthony Craver
          National Association of Sporting Goods Wholesalers
          National Rifle Association
          North Coast Shooting and Sports 
          Orange County Sheriff Michael Corona
          Outdoor Sportsmen's Coalition of California
          Remington 
          Riverside Sheriffs Association
          Royal Arms International
          Safari Club International 
          Santa Ana Police Officers Association
          Southern California Alliance of Law Enforcement








                                                                  SB 357
                                                                  Page 17

          Sporting Arms and Ammunition Manufacturers' Institute, Inc.
          The Range
          United States Representative Duncan Hunter
          Winchester Ammunition
          88 private citizens
           

          Analysis Prepared by  :    Kimberly Horiuchi / PUB. S. / (916)  
          319-3744