BILL ANALYSIS
AB 362
Page 1
ASSEMBLY THIRD READING
AB 362 (De Leon)
As Amended June 1, 2007
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5
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|Ayes:|Solorio, De La Torre, |Ayes:|Leno, Caballero, Davis, |
| |Leno, Ma, Portantino | |DeSaulnier, Huffman, |
| | | |Karnette, Krekorian, |
| | | |Lieu, Ma, Nava, Solorio, |
| | | |Feuer |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Aghazarian, Anderson |Nays:|Walters, Emmerson, La |
| | | |Malfa, Nakanishi, Sharon |
| | | |Runner |
| | | | |
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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; and,
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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
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
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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.
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; and,
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
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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
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
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terms of information and computerized upgrades that the
department is currently undertaking; and,
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. It is
the further intent of the Legislature that the entire program
be fee supported.
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis:
1)Significant annual costs - in the range of several million
dollars - for DOJ to create and maintain a handgun ammunition
registry.
2)Unknown non-reimbursable 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.
COMMENTS : 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
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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."
Please see the policy committee analysis for full discussion of
this bill
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0001338