BILL ANALYSIS AB 962 Page 1 ASSEMBLY THIRD READING AB 962 (De Leon) As Introduced June 1, 2009 Majority vote PUBLIC SAFETY 5-2 APPROPRIATIONS 12-5 ------------------------------------------------------------------- |Ayes:|Solorio, Furutani, Hill, |Ayes:|De Leon, Ammiano, Charles | | |Ma, Skinner | |Calderon, Davis, Fuentes, | | | | |Hall, John A. Perez, Price, | | | | |Skinner, Solorio, | | | | |Torlakson, Krekorian | | | | | | |-----+--------------------------+-----+----------------------------| |Nays:|Hagman, Gilmore |Nays:|Nielsen, Duvall, Harkey, | | | | |Miller, | | | | |Audra Strickland | ------------------------------------------------------------------- SUMMARY : Requires, commencing July 1, 2010, that any person that sells or transfers more than 50 rounds of handgun ammunition in any month to register as a handgun ammunition vendor. Specifically, this bill : 1)Provides that commencing July 1, 2010, no person shall sell or transfer ownership of more than 50 rounds of handgun ammunition in any month unless the person is licensed by the Department of Justice (DOJ) as a licensed handgun ammunition vendor, as specified. 2)Exempts the sale and transfer of ownership of handgun ammunition by manufacturers or wholesalers to licensed vendors. 3)Exempts sales or transfers of ownership of handgun ammunition made by an authorized law enforcement representative of a federal, state or local agency to a peace officer authorized to carry a handgun in the course and scope of his or her duties. 4)Exempts the sale or transfer of ownership of handgun ammunition to representatives of a federal, state, or local agency, if written authorization by the head of the agency AB 962 Page 2 authorizing the transaction, is presented to the vendor of handgun ammunition. 5)Exempts the sale or transfer of ownership of handgun ammunition state and local entities in which the entity is acquiring the ammunition as part of an authorized program in which the entity is buying or receiving ammunition from private individuals. 6)Exempts the sale or transfer of ownership of handgun ammunition between immediate family members, spouses, or registered domestic partners. 7)Provides that a violation of provisions relating to the sale and transfer of handgun ammunition is a misdemeanor. 8)Authorizes the DOJ to issue handgun ammunition vendor licenses. 9)Provides that no ammunition handgun vendor license may be issued to an applicant who fails to provide a copy of any required local business license, a seller's permit, a federal firearms license if the person is federally licensed, and a certificate of eligibility (COE). The handgun ammunition vendor's license shall be issued for a specific physical location where the sale or transfer of ownership of handgun ammunition is to be conducted. 10)Requires the DOJ to inform applicants who are denied licenses of the reason for the denial in writing. 11)Requires the handgun ammunition vendor license to be issued in a form prescribed by the Attorney General (AG) and shall be valid for a period of one year, and authorizes the AG to adopt regulations to administer application procedures and procedures for licensees 12)Allows the DOJ to charge handgun ammunition vendors license applicants a fee sufficient for the costs or reimbursing the DOJ for the cost of administering the handgun license program, maintaining the registry of handgun ammunition vendors, and necessary regulatory functions, including enforcement, provided that the fee shall not exceed $50. AB 962 Page 3 13)Requires the DOJ to issue licenses for the following applicants: a) State-licensed firearms dealers; b) Federally licensed firearms dealers; c) A target facility which holds a business or regulatory license; d) Gunsmiths; e) Wholesalers; and, f) Manufacturers or importers of firearms, as specified. 14)Requires the DOJ to keep a centralized registry of all persons, businesses, and corporations who are vendors, and provides that no vendor shall transfer ownership of handgun ammunition pursuant to their licenses unless the vendor is on the centralized registry. 15)Allows the DOJ to remove any vendor from the registry who violates any provisions relating to the transfer and sale of handgun ammunition. 16)Provides that the license of any vendor that violates provisions relating to the sale or transfer of ammunition three times shall be permanently revoked, and notice of the revocation shall be provided to local law enforcement and licensing authorities in the jurisdiction where the vendor's business is located. 17)States that information contained in the centralized registry of handgun ammunition vendors shall be made available for law enforcement purposes, or when the information is requested for the purpose of determining the validity of handgun ammunition deliveries or transfers 18)Provides that a handgun ammunition vendor shall comply with all of the following conditions, requirements and prohibitions: a) A vendor shall not permit an employee who is prohibited AB 962 Page 4 from possessing a firearm, or has been assessed as a danger to his or her self or others, to handle, sell, or deliver ammunition in the scope of his or her employment; b) Requires an employee of a vendor, who becomes an employee after July 1, 2010, and who handles, sell or transfers handgun ammunition, to provide to the vendor a certificate of eligibility obtained from the DOJ and the request must be made within 45 days of employing the individual; and, c) Requires an employee of a vendor who becomes an employee on or before July 1, 2010 and who handles, sells, or delivers handgun ammunition to provide to the vendor a COE obtained from the DOJ no later than August 15, 2010. 17)Commencing July 1, 2010, a vendor of handgun ammunition shall not sell or transfer ownership of any handgun ammunition in a manner that allows that ammunition to be accessible to a purchaser without the assistance of the vendor or employee thereof. 18)Provides that commencing July 1, 2010, a vendor of handgun ammunition shall not sell or transfer handgun ammunition without at the time of purchase legibly recording the following information on a form prescribed by the DOJ: a) The date of the transaction; b) The transferee's driver's license or other identification number and the state in which it was issued; c) The brand, type, and amount of ammunition transferred; d) The purchaser or transferee's signature; e) The name of the salesperson who processed the sale or transaction; f) The right thumbprint of the purchaser or transferee on the prescribed form; g) The purchaser's or transferee's full residential address and telephone number; and, AB 962 Page 5 h) The purchaser's or transferee's date of birth. 19)Commencing July 1, 2010, the records of the sale or transfer of handgun ammunition shall be maintained on the premises of the vendor for at least five years from the date of the recorded transfer. 20)Commencing July 1, 2010, the handgun ammunition vendor's records of sale shall be subject to inspection by specified peace officers engaged in an investigation where the records may be relevant, is seeking information about prohibited persons, or is engaged in ensuring compliance with laws relating to firearms or ammunition. 21)Commencing July 1, 2010, a handgun ammunition vendor shall not knowingly make a false entry in, fail to make a required entry in, fail to obtain the required thumbprint, or otherwise fail to maintain the records of handgun ammunition transfers or sales. 22)Commencing July 1, 2010, no vendor shall refuse to permit specified peace officers to examine any record related to the transfer or sale of handgun ammunition, or refuse to permit the use of these record by those persons. 23)Exempts from providing specified information at the time of purchase or transfer of ownership of handgun ammunition by licensed handgun ammunition vendors to any of the following who are properly identified in a manner prescribed by the DOJ: a) A licensed firearms dealers; b) A licensed handgun ammunition vendor; c) A federally licensed firearms dealer; d) A target facility which holds a business or regulatory license; e) Gunsmiths; f) Wholesalers; AB 962 Page 6 g) Manufacturers or importers of firearms, as specified; h) Sales or transfers of ownership of handgun ammunition made to authorized law enforcement representatives if written authorization from the employing the agency is presented to the person from whom the purchase is being made; and, i) Sales or transfers of ownership of handgun ammunition by licensed handgun ammunition vendors to sworn peace officers, as specified. 24)Provides that specified violations relating to the maintenance of records of handgun ammunition transfers or sales shall be punished as a misdemeanor. 25)Makes it a misdemeanor for any person who is subject to an injunction for being a member of a criminal street gang to own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition. 26)Provides that a sale of any ammunition by a person, corporation or firm to a person prohibited from owning or possessing ammunition, or to a person he or she reasonably should know is a prohibited person, is punishable by up to one year in the county jail, by a fine not to exceed $1,000, or both. 27)Provides that commencing July 1, 2010, the sale or transfer of handgun ammunition may only occur in a face-to-face transaction with the seller or transferor being provided with bona fide evidence of identity from the purchaser, and a violation of this provision is a misdemeanor. 28)Defines "bona fide evidence of 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. 29)Defines "handgun ammunition" as ammunition principally for AB 962 Page 7 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, but excluding ammunition intended to be used in antique firearms. Handgun ammunition does not include blanks used in prop weapons. 30)Provides that the face-to-face requirement shall not apply to the delivery of ammunition to law enforcement agencies, sworn peace officers, importers and manufacturers of firearms, licensed ammunition vendors, licensed firearms dealers or collectors, and consultant evaluators as specified. FISCAL EFFECT : According to the Assembly Appropriations Committee, DOJ projects start-up costs of about $700,000, with ongoing costs of $60,000 for seven positions. DOJ indicates these costs would eventually be covered by the $50 fee and employer payments to DOJ for the cost of the COEs. COMMENTS : According to the author, "AB 962 the Protection Act of 2009 seeks to safeguard California's communities by combating the easy accessibility to handgun ammunition that fuels gun violence and criminal activity." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0001290