BILL ANALYSIS
AB 362
Page 1
Date of Hearing: April 17, 2007
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 362 (De Leon) - As Amended: April 12, 2007
SUMMARY : Requires, commencing July 1, 2008, that any person
that sells or transfers more than 50 rounds of handgun
ammunition in any month to register as a handgun ammunition
vendor, and requires that specific information relating to the
purchase of handgun ammunition be collected and submitted to the
Department of Justice (DOJ). Specifically, this bill :
1)Prohibits a registered handgun ammunition vendor from allowing
an employee, who the vendor know or reasonably should know is
prohibited from possessing a firearm, to handle handgun
ammunition in the course and scope of his or her employment.
2)Defines a "registered handgun ammunition vendor" as a person
or business that is engaged in the retail sale of handgun
ammunition and 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 Board of
Equalization
c) Is among those recorded in the centralized ammunition
vendor's registry.
d) A certificate of eligibility, as specified.
3)Authorizes a registered handgun ammunition vendor to request a
background clearance from DOJ to determine if an employee or
potential employee is prohibited from possessing a firearm,
and allows DOJ to charge a fee for the clearance.
4)Requires the DOJ to keep a centralized registry of all
persons, businesses and corporations that are registered
handgun ammunition vendors, and allows DOJ to remove any
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vendor from the registry that violate any of the provisions of
this Act.
5)Exempts wholesale sellers of ammunition who sell or transfer
handgun ammunition to specified persons and entities that are
also exempted.
6)Provides that any person under the age of 21 who purchases,
or attempts to purchase handgun ammunition by using false
identification, or by otherwise misrepresenting his or her age
is guilty of a misdemeanor.
7)Prohibits a retail seller of ammunition from selling, or
displaying for sale any handgun ammunition in a manner that
allows that ammunition to be accessible to a purchaser without
the assistance of the retailer or employee thereof. A
violation of this provision is punishable as a misdemeanor or
as an infraction with a fine of $500.
8)Requires the DOJ to keep a record of specified information
collected in connection with the purchase or sale of handgun
ammunition.
9)Requires the DOJ to keep a record of handgun ammunition
purchase information in the Prohibited Armed Persons File, and
makes conforming cross-references.
10)Provide that handgun ammunition may only be purchased in a
face-to-face transaction, provided the seller view bona fide
evidence of identity from the retail purchaser.
11)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.
12)Defines "bona fide evidence of majority and identity" as a
document issued by a federal, state, county, or municipal
government, 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.
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13)Provides that commencing July 1, 2008, no seller of handgun
ammunition shall sell or transfer handgun ammunition without
at the time of purchase recording the following information on
a form prescribed by the DOJ:
a) The date of the transaction.
b) The name, address, and date of birth of the transferee.
c) The transferee's driver's license or other
identification number and the state in which it was issued.
d) The brand, type, and amount of ammunition transferred.
e) The transferee's signature.
f) The name of the salesperson who processed the
transaction.
14)The vendor shall also at the time of purchase or transfer or
obtain the right thumbprint of the purchaser or transferee on
the form unless the purchaser presents a valid thumbprint.
15)Requires that the records of the transaction be maintained on
the premises of the vendor for a period of not less than two
years from the date of the transfer.
16)Provides that transaction records shall be subject to
inspection, at any time during normal business hours, by a
peace officer, as specified; district attorney; or a peace
officer or employee of the DOJ conducting an investigation
where access to the records may be relevant to that
investigation is seeking information regarding persons
prohibited from owning or possessing firearms or ammunition or
is engaged in ensuring compliance with the Dangerous Weapons
Control Law.
17)Requires that on the date of delivery of the handgun
ammunition, the seller of the handgun ammunition submit a
report to the DOJ in such a manner as DOJ may prescribe
containing the required purchase information.
18)Exempts the sale or transfer of handgun ammunition between
firearms dealers, a registered handgun ammunition vendor,
federal firearms license holders, a target facility, licensed
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commercial hunting clubs, gunsmiths, wholesalers, and
manufacturers and importers of firearms.
19)Exempts sales and transfers made to authorized law
enforcement representatives if written authorization from the
employing the agency to the person from whom the purchase is
being made.
20)Makes a violation of any of the above provisions a
misdemeanor punishable imprisonment in the county jail for a
period not to exceed six months; by a fine not to exceed
$1,000; or by both.
21)Requires the Attorney General to prepare and submit to the
Legislature, on or before January 1, 2009, a report concerning
all of the following:
a) Commending a clear and succinct general procedure
whereby instantaneous background checks can be conducted on
persons wishing to acquire handgun ammunition.
b) Integration of that system into the current handgun
registration process.
c) The feasibility and cost of creating the type of
background check system referred to in this section.
d) The costs overall and to individual users of creating
that system.
e) The effect of the system on overall efforts by DOJ in
terms of information and computerized upgrades that the
department is currently undertaking.
f) Specific statutory changes to implement the system.
22)States legislative intent that commencing July 1, 2011, prior
to the delivery of handgun ammunition a registered vendor of
handgun ammunition will have the ability to instantaneously
determine that the purchaser of handgun ammunition is not
person prohibited from possessing handgun ammunition.
EXISTING LAW :
1)Provides that no person prohibited from owning or possessing a
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firearm under specified provisions of law shall have under his
or her custody or control any ammunition or reloaded
ammunition and violation of this provision is an alternate
felony/misdemeanor. [Penal Code Section 12316(b)(1).]
2)Defines "ammunition" to 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. [Penal Code Section 12316(b).]
3)Provides that for the purposes of provisions relating to the
sale or possession of ammunition, "ammunition" includes, but
is not 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).]
4)Provides that 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. [Penal Code Section 12316(a)(2).]
5)Defines "bona fide evidence of majority and identity" as a
document issued by a federal, state, county, or municipal
government, 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. [Penal Code Section 12316(a)(2).]
6)Defines relevant federal law as: "It shall be unlawful for
any licensed importer, licensed manufacturer, licensed dealer,
or licensed collector to sell or deliver - any firearm or
ammunition to any individual who the licensee knows or has
reasonable cause to believe is less than 18 years of age and,
if the firearm or ammunition is other than a shotgun or rifle,
or ammunition for a shotgun or rifle, to any individual who
the licensee knows or has reasonable cause to believe is less
than 21 years of age . . . . " [18 United States Code Service
922(b)(1).]
FISCAL EFFECT : Unknown
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COMMENTS :
1)Author's Statement : According to the author, "After some
years of declining violent crime, according to DOJ, gun
violence is once again on the rise, plaguing California with
an increase of over 34% in six years from 1999 to 2005. In
Los Angeles alone, between 2005 and 2006, the Los Angeles
Sheriff's Office handled 668 murders involving firearms - over
80% of their total homicides.
"In a state where firearms outnumber people, there must be
regulation of the sale and distribution of handgun ammunition
to prevent criminals from simply purchasing ammunition over
and over again in sporting goods stores. There is currently
no regulatory control over the deadly ammunition that fuels
gun violence.
"Not only are handgun ammunition vendors unregulated, but so too
are handgun ammunition sales despite federal and state
prohibitions on certain groups of people from purchasing
ammunition, e.g., convicted felons. Currently, it is easier
to purchase handgun ammunition than it is a package of
cigarettes or spray paint, thus making it easier for handgun
ammunition to end up in the wrong hands.
"A 2006 RAND Corporation study found substantial amounts of
ammunition purchased by felons and others prohibited from
possessing firearms in sporting goods stores and gun shops;
this included 10,050 rounds of ammunition purchased in just
two months in the City of Los Angeles. RAND reported that
'guns and ammunition possessed by felons and others prohibited
from owning weapons are more likely to be used in violent
crimes than weapons bought by people with no criminal
histories.'
"While the State has recently enacted legislation to keep guns
out of the wrong hands, it to date has not enacted any
legislation to prevent criminals and gang members who already
have guns from accessing the ammunition that drives this
tragic violence. This bill would enact a regulatory structure
necessary to prevent gangs and felons from easily acquiring
ammunition."
2)Arguments in Support :
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a) According to the California Chapters of the Brady
Campaign to Prevent Gun Violence , "Numerous laws relate to
firearms. Ammunition, the actual agent of harm caused by
firearms, remains virtually unregulated. Current law
provides that people who are prohibited from purchasing and
possessing firearms are also prohibited from purchasing
ammunition. At the present time, there is no way to
enforce this law. The individuals engaged in the sale of
ammunition are unknown. Similarly, how much ammunition is
sold and of what type, and even whether those engaged in
the business are criminals is unknown. This far-reaching
bill would take a major step in addressing all of these
issues.
b) According to the Legal Community Against Violence , "This
bill has many important provisions. This bill would, among
other things: (a) require that handgun ammunition vendors
be liscensed; (b) authorize those vendors to request
background checks on their employees; (c) require the
vendors to store handgun ammunition so that it is
inaccessible to purchasers without the assistance of the
retailer; (d) mandate that handgun ammunition purchases be
completed in face-to-face transactions so that the vendor
may confirm that the purchaser is over the age of 21; and,
(e) require vendors to maintain records containing certain
identifying information about the purchaser and the
ammunition being sold. Finally, this bill would declare
the Legislature's intent to have instant handgun ammunition
purchaser background checks by January 1, 2001 and require
the Attorney General to submit a report to the Legislature
by January 1, 2009 recommending a procedure to complete
such background checks.
3)Arguments in Opposition :
a) According to the California Rifle and Pistol
Association, Inc. , "Registration of handgun ammunition
retailers who sell more than one 50-round box of ammunition
in a month would not serve any real crime-fighting purpose,
certainly not one that would justify the new fees, added
business costs, new DOJ program, interference with business
and the disruption of shopping for consumers. What is the
point of this provision? It appears to be more a matter of
harassment of lawful businesses and their customers than
anything else.
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"There is no evidence that the ammunition storage and display
requirements of this bill address an actual problem.
Ammunition retailers have not reported any problem with
ammunition theft or inventory control under current law
using present procedures. This bill clearly is not needed,
and it supporters have not presented any evidence that it
is."
b) According to the National Shooting Sports Foundation,
Inc. , "Placing what amounts to a 50 one-round per month
threshold as a registration requirement for handgun
ammunition retailers is no different than requiring that
all register regardless of the amount of ammunition sold.
This is because handgun ammunition is normally sold in
50-round boxes. A retailer who sells as little as two
boxes in a month would be affected. All retailers sell at
least that much in a month's time.
"Allowing the DOJ to create another large and bureaucratic
registration program would be very costly. This bill would
not be cost effective in terms of crime control but would
create a hardship for retailers, especially smaller ones
and their customers. Criminal have many other ways of
obtaining ammunition. This bill would not serve as any
kind of crime deterrent."
4)Prior Legislation :
a) AB 2714 (Torrico), of the 2005-06 Legislative Session,
would have provided that handgun ammunition may not be
delivered by a seller to a purchaser via a common carrier
or contract carrier pursuant to a retail transaction. AB
2714 was vetoed.
b) SB 1152 (Scott), of the 2003-04 Legislative Session,
required that all vendors of firearm ammunition maintain
specified information pertaining to purchasers on a form
prescribed by the DOJ. SB 1152 was vetoed.
REGISTERED SUPPORT / OPPOSITION :
Support
Brady Campaign to Prevent Gun Violence
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Legal Community Against Violence
Orange County Citizens for the Prevention of Gun Violence
Women Against Gun Violence
Opposition
California Association of Firearms Retailers
California Rifle and Pistol Association
California Sportsman's Lobby
Crossroads of the West Gun Show
Gun Owners of California Incorporated
National Rifle Association
National Shooting Sports Foundation, Inc.
Outdoor Sportsmen's Coalition of California
Safari Club International
Two private citizens
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744