BILL ANALYSIS
AB 362
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Date of Hearing: May 2, 2007
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Mark Leno, Chair
AB 362 (De Leon ) - As Amended: April 12, 2007
Policy Committee: Public
SafetyVote: 5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill requires, beginning July 1, 2008, that any person who
sells or transfers more than 50 rounds of handgun ammunition in
any month, 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).
FISCAL EFFECT
1)Significant annual costs - in the range of several million
dollars - for DOJ to create and maintain a handgun ammunition
registry. Presumably these costs would be covered by fees DOJ
would be authorized to charge to cover their costs. (DOJ is
working with the author's office on fee language and fiscal
concerns.)
2)Unknown nonreimbursable costs, offset to a limited degree by
increased fine revenue, for increased local incarceration as a
result of the misdemeanor penalties proposed by this bill.
SUMMARY CONTINUED
Specifically, this bill:
1)Prohibits a registered handgun ammunition vendor, as defined,
from allowing an employee, who the vendor should know is
prohibited from possessing a gun, to handle handgun ammunition
in the course of employment.
2)Authorizes a registered handgun ammunition vendor to request a
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background clearance from DOJ to determine if an employee is
prohibited from possessing a gun, and allows DOJ to charge a
fee for the clearance.
3)Requires DOJ to keep a centralized registry of all persons,
businesses and corporations that are registered handgun
ammunition vendors, and allows DOJ to remove any vendor from
the registry that violates provisions of this Act.
4)Makes it a misdemeanor for any person under 21 to purchase or
attempt to purchase handgun ammunition by misrepresenting his
or her age or identity.
5)Makes it an infraction or a misdemeanor for a retail
ammunition vendor to sell or display handgun ammunition in a
manner that allows ammunition to be accessible without the
assistance of the retailer.
6)Requires that handgun ammunition may only be purchased in a
face-to-face transaction.
7)Requires, beginning July 1, 2008, that no handgun ammunition
seller may sell handgun ammunition without recording the
following information on a form prescribed by DOJ:
a) Date of the transaction.
b) Name, address, and date of birth of the buyer.
c) Buyer's driver's license or other identification number,
and the right thumbprint.
d) Brand, type, and amount of ammunition purchased.
e) Buyer's signature.
f) Salesperson's name.
8)Requires transaction records be maintained on premises for not
less than two years, and makes records subject to inspection,
at any time during normal business hours, by law enforcement
conducting a relevant investigation.
9)Requires that on the date of delivery, the ammunition seller
submit a report to the DOJ, as prescribed by DOJ, containing
the required purchase information.
10)Exempts sale or transfer of handgun ammunition between gun
dealers, registered handgun ammunition vendors, federal
firearms license holders, target facilities, licensed
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commercial hunting clubs, gunsmiths, wholesalers, and gun
manufacturers and importers.
11)Exempts sales and transfers made to authorized law
enforcement representatives, as specified.
12)Makes a violation of any of the above provisions a
misdemeanor, punishable by up to six months in county jail
and/or a fine of up to $1,000; or by both.
13)Requires DOJ to prepare and submit to the Legislature, by
January 1, 2009, a report:
a) Recommending a procedure for instantaneous ammunition
background checks.
b) Integration of that system into the current handgun
registration process.
c) Feasibility and cost of creating an integrated
background check system.
d) The effect on DOJ's efforts to update its computerized
information systems.
e) Statutory changes necessary to implement the system.
14)States legislative intent that by July 1, 2011, California
have in place a system to instantaneously determine whether a
purchaser of handgun ammunition is in a prohibited class.
COMMENT
1)Rationale. The author notes that although current law
prohibits the sale of ammunition to persons in a prohibited
class, there is virtually no way to enforce the law. According
to the author, "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
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to end up in the wrong hands.
"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)Current law makes it an alternate felony/misdemeanor for a
person prohibited from owning or possessing a gun under
specified provisions of law to possess ammunition.
3)Opponents , representing gun owners, contend there is no
evidence that ammunition sales, storage or display is a
problem, and suggest that registering ammunition dealers and
preparing for instantaneous background checks amounts to
harassment of legal businesses and customers. According to the
National Shooting Sports Foundation, for example, "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. Criminals have many other ways of obtaining
ammunition. This bill would not serve as any kind of crime
deterrent."
4)Recent legislation.
a) AB 2714 (Torrico), 2006, required face-to-face handgun
ammunition sales and prohibited handgun ammunition from
being sold via contract or common carrier. AB 2714 was
vetoed.
b) SB 1152 (Scott), 2004, required ammunition vendors to
maintain specified information pertaining to purchasers on
a form prescribed by the DOJ. SB 1152 was vetoed.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
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