BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Mark Leno, Chair A
2009-2010 Regular Session B
9
6
2
AB 962 (De Leon)
As Amended June 22, 2009
Hearing date: July 7, 2009
Penal Code
SM:mc
HANDGUN AMMUNITION VENDOR LICENSES
HISTORY
Source: Author
Prior Legislation: AB 2062 (De Leon) - 2008, held in Senate
Appropriations Committee
AB 362 (De Le?n) - 2007, held in Senate
Appropriations Committee
AB 1471 (Feuer) - Chapter 572, Statutes of 2007
AB 996 (Ridley-Thomas) - 2006, vetoed
AB 352 (Koretz) - 2006, died in conference
SB 357 (Dunn) - 2005, amended to remove relevant
provisions
AB 2714 (Torrico) - 2005-06, vetoed
SB 1152 (Scott) - 2003-04, vetoed
Support: Alameda County Board of Supervisors; Brady Campaign to
Prevent Gun Violence, Chapter Alameda County/Oakland;
Brady Campaign to Prevent Gun Violence, Contra Costa
County Chapter; Brady Campaign to Prevent Gun
Violence, Los Angeles Chapter; Brady Campaign to
Prevent Gun Violence, Long Beach Chapter; Brady
Campaign to Prevent Gun Violence, Nevada County
Chapter; Brady Campaign to Prevent Gun Violence,
Orange County Chapter; Brady Campaign to Prevent Gun
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Violence, Riverside County Chapter; Brady Campaign to
Prevent Gun Violence, Sacramento Valley Chapter; Brady
Campaign to Prevent Gun Violence, San Diego Chapter;
Brady Campaign to Prevent Gun Violence, San Fernando
Valley Chapter; Brady Campaign to Prevent Gun
Violence, San Mateo/Santa Clara Counties Chapter;
Brady Campaign to Prevent Gun Violence, Sonoma County
Chapter; Brady Campaign to Prevent Gun Violence,
Ventura County Chapter; Brady Campaign to Prevent Gun
Violence, West Contra Costa County Chapter; California
Chapters of the Brady Campaign to Prevent Gun
Violence; Chief of Police Edward Medrano, City of
Gardena; Chief of Police Anthony Batts, City of Long
Beach; Chief of Police William Bratton, City of Los
Angeles; Chief of Police (Acting) Howard Jordan, City
of Oakland; Chief of Police Cam Sanchez, City of Santa
Barbara; Chief of Police Blair Urling, City of
Stockton; Chief of Police John Crombach, City of
Oxnard; Chief of Police Peter Dunbar, City of Pleasant
Hill; Chief of Police Phillip Green, Cities of Corte
Madera/Larkspur; Chief of Police Susan Jones, City of
Healdsburg; City of Los Angeles, Mayor Antonio
Villaraigosa; City of Oakland, Mayor Ronald V.
Dellums; City of Sacramento; Coalition Against Gun
Violence; Councilmember Kevin McCarty, City of
Sacramento; Friends Committee on Legislation of
California; Legal Community Against Violence; Lutheran
Office of Public Policy; Sheriff Leroy D. Baca, County
of Los Angeles; Women Against Gun Violence; Violence
Prevention Coalition of Greater Los Angeles; Violence
Prevention Coalition of Orange County; Youth ALIVE!; 4
private citizens
Opposition:California Association of Firearm Retailers;
California Public Defenders Association; California
Rifle and Pistol Association; California Sportsman's
Lobby, Inc.; El Cajon Gun Exchange; Crossroads of the
West Gun Shows; Gun Owners of California; Herb Bauer
Sporting Goods; Mike Barranco, Firearms Dealer;
National Rifle Association of America; National
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Shooting Sports Foundation, Inc.; Outdoor Sportsmen's
Coalition of California; Safari Club International;
The California Sportsman's Lobby, Inc.; Roy D.
Whiteaker, Firearms Dealer; several thousand private
citizens (based on petitions on file with Committee)
Assembly Floor Vote: Ayes 42 - Noes 31
KEY ISSUES
SHOULD A SYSTEM BE CREATED TO LICENSE VENDORS OF HANDGUN
AMMUNITION AND SHOULD IT BE A MISDEMEANOR, PUNISHABLE BY 6
MONTHS IN COUNTY JAIL, A FINE OF UP TO $1,000, OR BOTH, TO
TRANSFER MORE THAN 50 ROUNDS PER MONTH OF HANDGUN AMMUNITION
WITHOUT A HANDGUN AMMUNITION VENDOR'S LICENSE, EXCEPT AS
SPECIFIED?
SHOULD THE DEPARTMENT OF JUSTICE ("DOJ") BE AUTHORIZED TO ISSUE
HANDGUN AMMUNITION VENDOR LICENSES, AS SPECIFIED, CHARGE LICENSE
APPLICANTS SUFFICIENT FEES TO COVER THE COST OF ADMINISTERING
THE LICENSE PROGRAM, AND ESTABLISH REGULATIONS PERTAINING TO
THOSE LICENSES?
(CONTINUED)
SHOULD FUNDS FROM THE DEALERS' RECORD OF SALE SPECIAL ACCOUNT OF
THE GENERAL FUND BE MADE AVAILABLE FOR EXPENDITURE BY DOJ TO
OFFSET THE COSTS INCURRED TO INITIATE THE LICENSE PROGRAM?
SHOULD AMMUNITION VENDORS BE REQUIRED TO NOT ALLOW ANY EMPLOYEE
WHO IS PROHIBITED BY LAW FROM POSSESSING A FIREARM TO HANDLE,
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SELL, OR DELIVER HANDGUN AMMUNITION?
SHOULD EMPLOYEES OF AMMUNITION VENDORS BE REQUIRED TO PROVIDE TO
THE VENDOR A CERTIFICATE OF ELIGIBILITY OBTAINED FROM DOJ, AS
SPECIFIED?
SHOULD AMMUNITION VENDERS BE REQUIRED TO NOT ALLOW HANDGUN
AMMUNITION TO BE ACCESSIBLE TO CUSTOMERS WITHOUT THE ASSISTANCE
OF AN EMPLOYEE OF THE VENDOR?
SHOULD IT BE A MISDEMEANOR, PUNISHABLE BY UP TO SIX MONTHS IN
JAIL, A FINE OF UP TO $1,000, OR BOTH, FOR A VENDOR TO FAIL TO
OBTAIN AND RECORD SPECIFIED PERSONAL INFORMATION FROM AMMUNITION
BUYERS, TO MAINTAIN THAT INFORMATION FOR NO LESS THAN FIVE YEARS
ON THE VENDOR'S PREMISES, TO MAKE THAT INFORMATION AVAILABLE TO
SPECIFIED LAW ENFORCEMENT OFFICIALS, OR TO KNOWINGLY MAKE A
FALSE ENTRY OR FAIL TO OBTAIN THE REQUIRED PERSONAL INFORMATION
FROM A HANDGUN AMMUNITION BUYER, EXCEPT AS SPECIFIED?
SHOULD THE FUNDS RECEIVED BY DOJ IN RELATION TO THIS LICENSING
PROGRAM BE DEPOSITED IN THE DEALER'S RECORD OF SALE SPECIAL
ACCOUNT OF THE GENERAL FUND?
SHOULD THE EXISTING DEFINITION OF AMMUNITION THAT MAY NOT BE
SOLD TO PERSONS PROHIBITED FROM POSSESSING A FIREARM EXCLUDE
BLANKS?
(CONTINUED)
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SHOULD IT BE A MISDEMEANOR, PUNISHABLE BY UP TO 6 MONTHS IN JAIL, A
FINE OF UP TO $1,000, OR BOTH, FOR A PERSON WHO IS ENJOINED FROM
ACTIVITY AS A MEMBER OF A CRIMINAL STREET GANG, TO POSSESS ANY
AMMUNITION OR RELOADED AMMUNITION, EXCEPT AS SPECIFIED?
SHOULD IT BE A MISDEMEANOR, PUNISHABLE BY UP TO 6 MONTHS IN JAIL, A
FINE OF UP TO $1,000, OR BOTH, TO DELIVER OR TRANSFER HANDGUN
AMMUNITION IN ANYTHING OTHER THAN A FACE-TO-FACE TRANSACTION WITH
THE DELIVERER OR TRANSFEROR BEING PROVIDED WITH BONA FIDE EVIDENCE
OF THE TRANSFEREE'S IDENTITY?
SHOULD IT BE A MISDEMEANOR, PUNISHABLE BY UP TO 6 MONTHS IN JAIL, A
FINE OF UP TO $1,000, OR BOTH, FOR ANY PERSON, CORPORATION OR DEALER
TO SUPPLY, DELIVER OR GIVE POSSESSION OF ANY AMMUNITION TO ANY MINOR
WHO HE OR SHE KNOWS, OR USING REASONABLE CARE SHOULD KNOW, IS
PROHIBITED FROM POSSESSING THAT AMMUNITION, AS SPECIFIED?
PURPOSE
The purpose of this bill is to (1) create a system to license
vendors of handgun ammunition and make it a misdemeanor,
punishable by 6 months in county jail, a fine of up to $1,000,
or both, to transfer more than 50 rounds per month of handgun
ammunition without a handgun ammunition vendor's license, except
as specified; (2) authorize the Department of Justice ("DOJ") to
issue handgun ammunition vendor licenses, as specified, charge
license applicants sufficient fees to cover the cost of
administering the license program, and establish regulations
pertaining to those licenses; (3) authorize funds from the
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Dealers' Record of Sale Special Account of the General Fund to
be made available for expenditure by DOJ to offset the costs
incurred to initiate the license program; (4) require that
vendors not allow any employee who is prohibited by law from
possessing a firearm to handle, sell or deliver handgun
ammunition; (5) require that employees of ammunition vendors
provide to the vendor a certificate of eligibility obtained
from DOJ, as specified; (6) require that vendors not allow
handgun ammunition to be accessible to customers without the
assistance of an employee of the vendor; (7) provide that it is
a misdemeanor, punishable by up to six months in jail, a fine of
up to $1,000, or both, for a vendor to fail to obtain and record
specified personal information from ammunition buyers, to
maintain that information for no less than five years on the
vendor's premises, to make that information available to
specified law enforcement officials, or to knowingly make a
false entry or fail to obtain the required personal information
from a handgun ammunition buyer, except as specified; (8)
provide that the funds received by DOJ in relation to this
licensing program shall be deposited in the Dealer's Record of
Sale Special Account of the General Fund; (9) exclude from the
existing definition of ammunition that may not be sold to
persons prohibited from possessing firearm blanks; (10) provide
that it is a misdemeanor, punishable by up to 6 months in jail,
a fine of up to $1,000, or both, for a person who is enjoined
from activity as a member of a criminal street gang, to possess
any ammunition or reloaded ammunition, except as specified; (11)
provide that it is a misdemeanor punishable by up to one year in
jail, a fine of up to $1,000, or both, for any person to
transfer ammunition to any person they know or reasonably should
know to be prohibited from owning handgun ammunition because
that person is prohibited from possessing a firearm or is
enjoined as a member of a criminal street gang, as specified;
and (12) provide that it is a misdemeanor, punishable by up to 6
months in jail, a fine of up to $1,000, or both, to deliver or
transfer handgun ammunition in anything other than a
face-to-face transaction with the deliverer or transferor being
provided with bona fide evidence of the transferee's identity;
and (13) provide that it is a misdemeanor, punishable by up to 6
months in jail, a fine of up to $1,000, or both, for any person,
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corporation or dealer to supply, deliver or give possession of
any ammunition to any minor who he or she knows, or using
reasonable care should know, is prohibited from possessing that
ammunition, as specified.
Existing law states that it is a misdemeanor for any person,
corporation, or licensed firearms dealer to sell ammunition to a
person under 18 years of age or to sell any ammunition to be
used in a handgun to a person under 21 years of age. (Penal
Code 12316(a)(1).)
Existing law 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
12316(a)(2).)
Existing law 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 12316(a)(2).)
Existing law 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 12316(b)(2).)
Existing law 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 12323(a).)
Existing law makes it an alternate felony/misdemeanor for a
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person prohibited from possessing a firearm to possess or have
under his or her control any ammunition. (Penal Code
12316(b)(1).)
Existing law 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).)
Definitions
This bill 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, but
excluding ammunition designed and intended to be used in an
"antique firearm" as defined. Handgun ammunition also does not
include blanks used in prop weapons.
This bill states that "immediate family member" means any one of
the following relationships: parent and child, grandparent and
grandchild.
Handgun Ammunition Vendor Licenses
This bill would provide that the Department of Justice ("DOJ")
is authorized to issue handgun ammunition vendor licenses.
This bill would provide that no handgun ammunition vendor
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license may be issued to an applicant who fails to provide:
a copy of any regulatory or business license, or
licenses, required by local government;
a valid seller's permit issued by the State Board of
Equalization;
a federal firearms license if the person is federally
licensed; and
a certificate of eligibility issued pursuant to Section
12071.
The license issued pursuant to this section shall be issued to
an individual and for a specific physical location where the
sale or other transfer of ownership of handgun ammunition is to
be conducted. The department shall inform applicants who are
denied licenses of the reasons for the denial in writing.
This bill would provide:
The handgun ammunition vendor license shall be issued in
a form prescribed by the Attorney General and shall be
valid for a period of one year.
The Attorney General may adopt regulations to administer
application procedures and enforcement procedures for the
licensee.
The Attorney General may adopt regulations that
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establish grounds for suspension or revocation of the
license.
DOJ may charge handgun ammunition vendor license
applicants a fee sufficient to reimburse the department for
the costs of administering the license program, maintaining
the registry of handgun ammunition vendors, and necessary
regulatory functions, including enforcement, provided,
however, that the fee shall not exceed fifty dollars ($50).
Funds from the Dealers' Record of Sale Special Account
of the General Fund shall be made available for expenditure
by DOJ to offset the costs incurred to initiate the license
program.
DOJ shall issue licenses pursuant to this section to the
following applicants:
o licensed firearms dealers, as specified;
o a person who is on the centralized list
maintained by DOJ of federal firearms dealer's license
holders;
o a target facility which holds a business or
regulatory license;
o gunsmiths;
o wholesalers; and
o manufacturers or importers of firearms
licensed pursuant to federal law, as specified.
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The department shall waive all application fees for
licensed firearms dealers, as specified.
The department shall keep a centralized registry of all
persons, businesses, and corporations that are vendors.
The department may remove from this registry any vendor
that violates the provisions of this section.
The license of any vendor that violates this section
three times shall be revoked, and that person, firm, or
corporation shall become permanently ineligible to obtain a
license pursuant to this section.
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.
Information compiled from the handgun ammunition vendor
license registry shall be made available, upon request, for
the following purposes only:
o for law enforcement purposes; and
o when the information is requested for the
purposes of determining the validity of handgun
ammunition deliveries.
Requirements of Handgun Ammunition Vendors
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This bill would provide that as of July 1, 2010, no person shall
sell or otherwise transfer ownership of more than 50 rounds of
handgun ammunition in any month unless the person is licensed by
the department as a licensed handgun ammunition vendor, as
specified. Violation would be a misdemeanor, punishable by up
to 6 months in county jail, a fine of up to $1,000, or both.
This bill would provide that this restriction would not apply to
or affect any of the following:
sales or other transfers of ownership of handgun
ammunition by persons licensed under federal law as an
importer, manufacturer, or wholesaler, to licensed handgun
ammunition vendors, as specified;
sales or other transfers of ownership of handgun
ammunition by an authorized law enforcement representative
of a city, county, or city and county, or the state or
federal government to a peace officer authorized to carry a
handgun in the course and scope of his or her duties;
sales or other transfers of ownership of handgun
ammunition to authorized law enforcement representatives of
local, state or federal governments for exclusive use by
those government agencies if, prior to the delivery,
transfer, or sale of handgun ammunition, written
authorization from the head of the agency authorizing the
transaction is presented to the person from whom the
purchase, delivery, or transfer is being made, as
specified;
sales or other transfers of ownership of handgun
ammunition to authorized representatives of local, state or
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federal governments for those government agencies in which
the entity is acquiring the ammunition as part of an
authorized, voluntary program in which the entity is buying
or receiving ammunition from private individuals;
sales or other transfers of ownership of handgun
ammunition between immediate family members, spouses, or
registered domestic partners, as defined;
sales or other transfers of ownership of handgun
ammunition to persons licensed as a collector of firearms
pursuant to federal law whose licensed premises are within
this state who has a current certificate of eligibility
issued to him or her by DOJ;
sales or other transfers of ownership of handgun
ammunition to a consultant-evaluator, as defined;
the sale or other transfer of ownership of handgun
ammunition by a person licensed pursuant to federal law, to
any of the following:
o a person licensed under federal law as a
manufacturer of firearms pursuant to federal law;
o a person licensed under federal law as an
importer of firearms;
o a person who is licensed under federal law as
a dealer in firearms, where that dealer receiving that
handgun ammunition is acting as a wholesaler.
sales or other transfers of ownership of handgun
ammunition by a person designated as a handgun safety
instructor by DOJ, when acting in the course and scope of
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his or her duties, as specified.
This bill would require that a licensed handgun ammunition
vendor comply with all of the following conditions,
requirements, and prohibitions:
No vendor shall sell or transfer ownership of handgun
ammunition pursuant to their license unless the vendor is
listed on the centralized registry.
A vendor shall not permit any employee who the vendor
knows or reasonably should know is prohibited from
possessing a firearms, as specified, to handle, sell, or
deliver handgun ammunition in the course and scope of his
or her employment.
Except as provided below, for an employee of a vendor
who becomes an employee after July 1, 2010, and who
handles, sells, or delivers handgun ammunition, the
employee shall provide to the vendor a certificate of
eligibility obtained from DOJ, as specified. The request
shall be made within 45 days of employing the individual.
In the case of a person who is employed by a vendor on
or before July 1, 2010, and who handles, sells, or delivers
handgun ammunition, the employee shall provide to the
vendor a certificate of eligibility obtained from DOJ, as
specified, no later August 15, 2010.
A vendor shall not sell or otherwise transfer ownership
of, offer for sale or otherwise offer to transfer ownership
of, or display for sale or display for transfer of
ownership of any handgun ammunition in a manner that allows
that ammunition to be accessible to a purchaser or
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transferee without the assistance of the vendor or employee
thereof.
Commencing July 1, 2010, a vendor shall not sell or
otherwise transfer ownership of any handgun ammunition
without, at the time of delivery, legibly recording the
following information on a form that is in a format to be
prescribed by the department:
o the date of the sale or other transaction;
o the purchaser's or transferee's driver's
license or other identification number and the state
in which it was issued;
o the brand, type, and amount of ammunition sold
or otherwise transferred;
o the purchaser's or transferee's signature;
o the name of the salesperson who processed the
sale or other transaction;
o the right thumbprint of the purchaser or
transferee on the above form;
o the purchaser's or transferee's full
residential address and telephone number; and
o the purchaser's or transferee's date of birth.
Failure to comply with this record-keeping requirement would
be a misdemeanor punishable by up to six months in jail, a
fine of up to $1,000, or both.
Commencing July 1, 2010, the required records of
ammunition sales shall be maintained on the premises of the
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vendor for a period of not less than five years from the
date of the recorded transfer. Failure to comply with this
requirement would be a misdemeanor, punishable by up to six
months in jail, a fine of up to $1,000, or both.
Commencing July 1, 2010, the required records of
ammunition sales shall be subject to inspection at any time
during normal business hours by any peace officer employed
by a sheriff, city police department, or district attorney
as specified, provided the officer is conducting 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, as specified, or any other
laws pertaining to firearms or ammunition. The records
shall also be subject to inspection at any time during
normal business hours by any other employee of the
department, provided that employee is conducting 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, as specified, or any other
laws pertaining to firearms or ammunition.
Commencing July 1, 2010, the 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 in the required manner records regarding
ammunition sales, as specified. If the right thumbprint is
not available, then the vendor shall have the purchaser or
transferee use his or her left thumb, or any available
finger, and shall so indicate on the form. If the purchaser
or transferee is physically unable to provide a thumbprint
or fingerprint, the vendor shall so indicate on the form.
Commencing July 1, 2010, the required records of ammunition
sales shall be maintained on the premises of the vendor for
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a period of not less than five years from the date of the
recorded transfer. Failure to comply with this requirement
would be a misdemeanor, punishable by up to six months in
jail, a fine of up to $1,000, or both.
Commencing July 1, 2010, no vendor shall refuse to
permit any authorized person, as specified, to examine any
record of ammunition sales, as specified, during any
inspection conducted pursuant to this section, or refuse to
permit the use of any record or information by those
persons.
Commencing July 1, 2010, the required records of
ammunition sales shall be maintained on the premises of the
vendor for a period of not less than five years from the
date of the recorded transfer. Failure to comply with this
requirement would be a misdemeanor, punishable by up to six
months in jail, a fine of up to $1,000, or both.
This bill provides that the vendor's record-keeping requirements
regarding sales or other transfers of handgun ammunition,
specified above, shall not apply to or affect sales or other
transfers of ownership of handgun ammunition by licensed handgun
ammunition vendors to any of the following that are properly
identified as such in a manner prescribed by the Department of
Justice:
licensed firearms dealers, as specified;
a licensed handgun ammunition vendor;
a person who is on the centralized list of licensed
federal firearms dealers, as specified, maintained by DOJ;
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a target facility which holds a business or regulatory
license;
gunsmiths;
wholesalers;
manufacturers or importers of firearms licensed under
specified federal law, and the regulations issued pursuant
thereto; and
sales or other transfers of ownership made to authorized
law enforcement representatives of local, state or federal
governments for exclusive use by those government agencies
if, prior to the delivery, transfer, or sale of handgun
ammunition, written authorization from the head of the
agency authorizing the transaction is presented to the
person from whom the purchase, delivery, or transfer is
being made.
This bill provides that fees received by the department pursuant
to the handgun ammunition vender statute shall be deposited in
the Dealers' Record of Sale Special Account of the General Fund.
This bill provides that the provisions of this subdivision are
cumulative, and shall not be construed as restricting the
application of any other law. However, an act or omission
punishable in different ways by different provisions of law
shall not be punished under more than one provision.
Persons Under A Gang Injunction
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This bill provides that it will be a misdemeanor, punishable by
up to 6 months in county jail, a fine of up to $1,000, or both
for any person who is not prohibited from possessing a firearm
but is enjoined from engaging in activity, as specified,
resulting from an injunction against that person as a member of
a criminal street gang, as defined, to possess any ammunition or
reloaded ammunition, except as specified.
Ammunition Sales to Persons Prohibited From Possessing a Firearm
Existing law prohibits sale of ammunition, as defined, to any
person prohibited from possessing a firearm, as specified.
This bill would exempt from those provisions sales of blanks.
This bill would provide that it is a misdemeanor, punishable by
up to six months in the county jail, a fine of up to $1,000, or
both, for any person, corporation, or firm to supply, deliver,
sell, or give possession or control of, any ammunition to any
person who he or she knows or using reasonable care should know
is prohibited from owning, possessing, or having under his or
her custody or control, any ammunition or reloaded ammunition
either because that person is prohibited from possessing a
firearm, as specified, or because that person is subject to a
gang injunction as a member of a criminal street gang, as
specified.
This bill would provide that it is a misdemeanor, punishable by
up to six months in the county jail, a fine of up to $1,000, or
both, for any person, corporation, or dealer to supply, deliver,
or give possession of any ammunition to any minor who he or she
knows or using reasonable care should know is prohibited from
possessing that ammunition, as specified.
Department of Justice
Existing law requires DOJ to keep and properly file all legally
required records relating to sales of handguns, licenses to
carry concealed weapons, and related records.
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This bill would add to these records, license information
pertaining to handgun ammunition vendors, as specified.
Requirement of Face-To-Face Transfers
This bill provides that beginning July 1, 2010, the delivery or
transfer of ownership of handgun ammunition may only occur in a
face-to-face transaction with the deliverer or transferor being
provided bona fide evidence of identity from the purchaser or
other transferee. A violation of this section is a misdemeanor,
punishable by up to 6 months in jail, a fine of up to $1,000, or
both.
This bill defines, for purposes of this section, the following
terms:
"Bona fide evidence of identity" means a document issued
by a federal, state, county, or municipal government, or
subdivision or agency thereof, including, but not limited
to, a motor vehicle operator's license, 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.
"Handgun ammunition" means 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, but excluding ammunition designed and intended
to be used in an "antique firearm" as defined. Handgun
ammunition also does not include blanks.
This bill provides that the face-to-face transaction requirement
shall not apply to or affect the deliveries, transfers, or sales
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of, handgun ammunition to any of the following:
authorized law enforcement representatives of local,
state and federal governments for exclusive use by those
government agencies if, prior to the delivery, transfer, or
sale of the handgun ammunition, written authorization from
the head of the agency employing the purchaser or
transferee, is obtained identifying the employee as an
individual authorized to conduct the transaction, and
authorizing the transaction for the exclusive use of the
agency employing the individual;
sworn peace officers, as defined, who are authorized to
carry a firearm in the course and scope of their duties;
importers and manufacturers of handgun ammunition or
firearms licensed to engage in business pursuant to
specified federal law and the regulations issued pursuant
thereto;
persons who are on DOJ's centralized list of federally
licensed firearms dealers, as specified;
persons whose licensed premises are outside this state
who are licensed as dealers or collectors of firearms
pursuant to specified federal law and the regulations
issued pursuant thereto;
persons licensed as collectors of firearms pursuant to
specified federal law and the regulations issued pursuant
thereto whose licensed premises are within this state who
has a current certificate of eligibility issued to him or
her by DOJ, as specified;
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AB 962 (De Leon)
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a licensed handgun ammunition vendor; and
a consultant-evaluator, as specified.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
California continues to face a severe prison overcrowding
crisis. The Department of Corrections and Rehabilitation (CDCR)
currently has about 170,000 inmates under its jurisdiction. Due
to a lack of traditional housing space available, the department
houses roughly 15,000 inmates in gyms and dayrooms.
California's prison population has increased by 125% (an average
of 4% annually) over the past 20 years, growing from 76,000
inmates to 171,000 inmates, far outpacing the state's population
growth rate for the age cohort with the highest risk of
incarceration.<1>
In December of 2006 plaintiffs in two federal lawsuits against
CDCR sought a court-ordered limit on the prison population
pursuant to the federal Prison Litigation Reform Act. On
February 9, 2009, the three-judge federal court panel issued a
tentative ruling that included the following conclusions with
respect to overcrowding:
No party contests that California's prisons are
overcrowded, however measured, and whether considered
in comparison to prisons in other states or jails
within this state. There are simply too many
prisoners for the existing capacity. The Governor,
the principal defendant, declared a state of emergency
----------------------
<1> "Between 1987 and 2007, California's population of ages 15
through 44 - the age cohort with the highest risk for
incarceration - grew by an average of less than 1% annually,
which is a pace much slower than the growth in prison
admissions." (2009-2010 Budget Analysis Series, Judicial and
Criminal Justice, Legislative Analyst's Office (January 30,
2009).)
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AB 962 (De Leon)
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in 2006 because of the "severe overcrowding" in
California's prisons, which has caused "substantial
risk to the health and safety of the men and women who
work inside these prisons and the inmates housed in
them." . . . A state appellate court upheld the
Governor's proclamation, holding that the evidence
supported the existence of conditions of "extreme
peril to the safety of persons and property."
(citation omitted) The Governor's declaration of the
state of emergency remains in effect to this day.
. . . the evidence is compelling that there is no
relief other than a prisoner release order that will
remedy the unconstitutional prison conditions.
. . .
Although the evidence may be less than perfectly
clear, it appears to the Court that in order to
alleviate the constitutional violations California's
inmate population must be reduced to at most 120% to
145% of design capacity, with some institutions or
clinical programs at or below 100%. We caution the
parties, however, that these are not firm figures and
that the Court reserves the right - until its final
ruling - to determine that a higher or lower figure is
appropriate in general or in particular types of
facilities.
. . .
Under the PLRA, any prisoner release order that we
issue will be narrowly drawn, extend no further than
necessary to correct the violation of constitutional
rights, and be the least intrusive means necessary to
correct the violation of those rights. For this
reason, it is our present intention to adopt an order
requiring the State to develop a plan to reduce the
prison population to 120% or 145% of the prison's
design capacity (or somewhere in between) within a
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AB 962 (De Leon)
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period of two or three years.<2>
The final outcome of the panel's tentative decision, as well as
any appeal that may be in response to the panel's final
decision, is unknown at the time of this writing.
This bill does not appear to aggravate the prison overcrowding
crisis outlined above.
COMMENTS
1. Need for This Bill
According to the author:
According to the Department of Justice (DOJ),
California's gun violence has increased nearly 35% in
just six years, with more than 60% of all murders
committed with handguns. In Los Angeles alone,
between 2005 and 2006, the LA Sheriff's office handled
more than 400 homicides-over 80% involving firearms
and nearly 60% committed by gang members.
In a state where firearms outnumber people, there is
currently no regulatory control over deadly ammunition
that fuels gun violence. It is easier in California
to purchase handgun ammunition than it is a package of
cigarettes or allergy medicine.
Bullets are ending up in the wrong hands across
California. A 2006 RAND Corporation study found that,
in just a two month period in Los Angeles, felons and
others prohibited by law from possessing ammunition
purchased over 10,000 rounds of ammunition at gun
----------------------
<2> Three Judge Court Tentative Ruling, Coleman v.
Schwarzenegger, Plata v. Schwarzenegger, in the United States
District Courts for the Eastern District of California and the
Northern District of California United States District Court
composed of three judges pursuant to Section 2284, Title 28
United States Code (Feb. 9, 2009).
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AB 962 (De Leon)
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shops and sporting goods stores across the city.
Extrapolate that number, and statewide at least
565,000 bullets are annually sold to criminals-enough
to fully load more than 94,000 handguns.
California has enacted legislation designed to keep
guns out of the hands of criminals, but it has done
little to prevent criminals and gang members from
loading up on the ammunition that fuels gun violence.
We have absolutely no idea who is selling bullets; not
a single statewide law enforcement agency tracks
ammunition dealers in California. This blind eye
approach is putting ammunition in the hands of killers
and it needs to stop.
This bill would require handgun ammunition dealers to
obtain a DOJ-issued Handgun Ammunition Vendor's
License (HAVL) in order to sell handgun ammunition.
This will help crack down on illegal uses of
ammunition and assist law enforcement in tracking down
criminal purchasers.
Also, this measure would require handgun ammunition
vendors to record handgun ammunition sales, and make
the records available to law enforcement for the
purposes of crosschecking purchasers with prohibited
person's databases, to help crack down on criminals
purchasing ammunition. Thirteen cities across
California currently enforce successful local
ammunition record-keeping laws used to record
ammunition sales and purchases. Notably, the City of
Sacramento Police Department reports that the
ordinance is an effective enforcement and
investigative tool. In reviewing their
ammunition-purchaser records for 2008, the Sacramento
Police Department recently found that over 150
prohibited persons purchased ammunition within the
year in their city alone. A statewide requirement is
needed to prevent purchasers from loading up on
unmonitored ammunition sales outside these city
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boundaries.
Numerous states, including to name a few Maryland,
Massachusetts, Minnesota, and Washington, also
regulate the sale of ammunition and have found their
laws to be highly effective in deterring criminal
purchases of ammunition.
To help law enforcement stop straw purchases, the
measure will also make it unlawful to sell or furnish
ammunition to any person known to be prohibited from
possessing or acquiring ammunition. While it is
illegal to knowingly sell a gun to a felon, it is
currently perfectly legal to sell or supply known
felons with handgun ammunition. Additionally, to keep
bullets out of the hands of gang members, this bill
will prohibit any person subject to a gang injunction
from possessing ammunition.
This measure would cut off the dangerously easy access
to handgun ammunition and will ensure that handgun
ammunition will not be sold to criminals, gang
members, and kids.
2. Ammunition Purchases by Prohibited Persons: The Scope of the
Problem
In Los Angeles, a city ordinance requires that vendors selling
any firearm ammunition within the city limits must record the
following information:
the date of the transaction;
the name, address and date of birth of the transferee;
the transferee's drivers license or other identification
number and the state in which it was issued;
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AB 962 (De Leon)
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the brand, type and amount of ammunition transferred;
the transferee's signature;
the name of the sales person who processed the
transaction; and
the vendor shall also at the time of purchase or
transfer obtain the right thumb print of the purchaser or
transferee on the above-referenced form. (Los Angeles
Municipal Code, Ch. V, 55.11.)
Using this information, required to be maintained by ammunition
dealers, a RAND corporation study examined ammunition sales
during a two-month period in Los Angeles in 2004. RAND
reported:
Substantial amounts of bullets and shotgun shells sold
in Los Angeles are purchased by felons and others who
are prohibited by law from buying ammunition,
according to a new RAND Corporation study that is the
first to examine the amount of ammunition sold to
criminals.
With support from the National Institute of Justice,
researchers analyzed records detailing ammunition
sales made during April and May of 2004 at 10 of the
13 retail stores in the city of Los Angeles that sell
bullets and shotgun shells to the public.
A total of 2,031 people purchased 436,956 rounds of
ammunition during the study period. This included
10,050 rounds of ammunition purchased by 52 people
with felony convictions or other violations on their
records that legally prohibit them from buying
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AB 962 (De Leon)
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ammunition.
While federal and state laws prohibit certain people
from buying ammunition, there are no mechanisms to
enforce the rules. Los Angeles and a few other cities
require ammunition sellers to collect information
about the purchasers, but in the past those records
were not routinely reviewed.
"Strategies to reduce gun violence in communities thus
far have focused intensely on the guns," said George
Tita, a criminologist at the University of California,
Irvine, and lead author of the study that appears in
the October edition of the journal Injury Prevention.
"More effective policies will need to address access
to ammunition as well as access to guns."
While the study examined only a short period of time,
researchers say it provides the first reliable
information about whether ammunition is routinely
purchased by people who are barred from possessing
ammunition.
"We found that it's not uncommon for people with
criminal records simply to buy ammunition at a retail
store," said Greg Ridgeway, co-author of the study and
a researcher at RAND, a nonprofit research
organization. "It is particularly risky for
communities to have guns and ammunition in the hands
of such people."
Past studies have shown 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.
(http://www.rand.org/news/press.06/10.05.html.)
ARE PROHIBITED PERSONS BUYING A SIGNIFICANT AMOUNT OF AMMUNITION
FROM RETAIL STORES, DESPITE EXISTING LAWS PROHIBITING THESE
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PURCHASES?
DOES THIS POSE A THREAT TO PUBLIC SAFETY?
3. Results of Logging Ammunition Sales in Sacramento
In August 2007, the City of Sacramento passed an ordinance
similar to the ammunition tracking provisions contained in this
bill. (Sacramento City Code, Chapter 5.66.) The ordinance
requires that at the time of the purchase of ammunition, the
seller obtain the name, address, and date of birth of the
purchaser, the brand, type and amount of ammunition purchased,
the purchaser's signature, the name of the salesperson, the
right thumbprint of the purchaser, and the transfer date and
time of the purchase.
Collection of this data has allowed the Sacramento Police
Department to compare the names of ammunition purchasers to
DOJ's database of persons prohibited from owning firearms or
ammunition. This has resulted in a significant number of
arrests and successful prosecutions.
According to the Sacramento Police Department, from January 16,
2008, to December 31, 2008, 156 prohibited persons purchased
ammunition. One hundred and twenty four of these individuals
had prior felony convictions, 31 had prior misdemeanor
convictions, and 6 were subject to a domestic violence
restraining order. One hundred and nine persons were charged
with felonies, 3 were charged with misdemeanors, and 10 were
federally indicted. Only 7 cases were rejected, and 37 more are
still being actively investigated.
Thirty-six cases have resulted in felony convictions, and 17
have resulted in misdemeanor convictions. There have been two
cases resolved in federal court, with an average sentence of 37
months.
As a result of the investigations generated by the ammunition
sale records, 48 search warrants were issued and 26 probation
and parole searches were conducted. In 70 percent of the
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AB 962 (De Leon)
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searches either firearms or ammunition were located. There were
illegal 84 firearms seized and a substantial amount of illegal
drugs, stolen property and cash.
HAS LOGGING AMMUNITION SALES BEEN A SUCCESS IN SACRAMENTO?
DOES REQUIRING LOGGING OF AMMUNITION SALES UNDULY RESTRICT SALES
OF AMMUNITION TO LAW-ABIDING GUN OWNERS?
HAS REQUIRING LOGGING OF AMMUNITION SALES PLACED AN UNDUE BURDEN
ON AMMUNITION DEALERS?
4. Regulation of Internet Sales of Ammunition
In 2007, the Legislature approved legislation to address the
problem of Internet sales of ammunition to minors by requiring
third parties (e.g., common carriers) to obtain verification of
the buyer's age. (AB 2714 (Torrico).) Governor Schwarzenegger
vetoed that bill and in his veto message stated the following:
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It is important to ensure that minors do not use
mail-order or internet sales to obtain access to items
prohibited under current law that could be dangerous
if used improperly. However, current law already
requires sellers to verify the age of a purchaser who
wishes to buy ammunition at the time of sale. By
adding a new requirement that retailers ensure third
party verification of the identity of the purchaser at
time of delivery, this bill could inadvertently
subject legitimate retailers to criminal penalties for
actions that they have no control over. As a result,
this bill could be counter productive by providing a
negligible benefit to public safety while concurrently
discouraging legitimate business.
In addition, this bill would allow local governments
to enact their own measures governing the sale of
ammunition if they are stricter than state law.
Statewide uniformity of the laws regulating firearms
is critical to public safety. By allowing local
governments to proliferate local measures regarding
the sale of ammunition that significantly differ from
state law, this bill could result in inconsistent
regulation, interpretation, and enforcement of
firearms laws by businesses, law enforcement, and the
public.
For these reasons, I am returning this bill without my
signature.
This bill provides that "Commencing July 1, 2010, the delivery
or transfer of ownership of handgun ammunition may only occur in
a face-to-face transaction with the deliverer or transferor
being provided bona fide evidence of identity from the purchaser
or other transferee. A violation of this section is a
misdemeanor." This bill would appear to address the Governor's
first objection to AB 2714's approach, in that it would not
"subject legitimate retailers to criminal penalties for actions
that they have no control over."
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The bill would also appear to preempt any local ordinance
regarding this issue, addressing the Governor's second objection
to AB 2714. (See also, Fiscal v. City and County of San
Francisco, 158 Cal. App. 4th 895, 920 (2008), [holding state law
regulating firearms preempts local ordinances].)
This current language of the bill would not appear to ban
Internet sales of ammunition directly to consumers. The
author's office has informed the Committee staff that the
author's intent was to allow Internet sales of ammunition to be
conducted only through a licensed dealer. That is, if a
consumer wanted to buy certain types of ammunition available
only on the Internet, this transaction could take place by
having the ammunition shipped to a licensed ammunition dealer
who could then sell the ammunition to the consumer. However,
the current language of the bill contains no requirement that
the "deliverer" only deliver ammunition to a licensed dealer,
only that the "deliverer," presumably a common carrier like
Federal Express or UPS, check the purchaser or transferee's
identification.
Members may wish to consider whether the bill should be amended
to require that any ammunition sales must be either face-to-face
between the seller and the purchaser or between an authorized
seller and a licensed dealer?
SHOULD ALL HANDGUN AMMUNITION SALES BE REQUIRED TO BE
FACE-TO-FACE, EXCEPT AS PROVIDED?
5. Putting Handgun Ammunition Behind the Counter
This bill would prohibit all handgun ammunition vendors from
displaying for sale any handgun ammunition in a manner that
allows that ammunition to be accessible to a purchaser or
transferee without the assistance of the vendor or his or her
employee. AB 996 (Ridley-Thomas) (2005) would have required,
similarly to this bill, specified types of handgun ammunition to
be sold in a manner such that it would not be accessible to the
purchaser without the assistance of a salesperson. Governor
AB 962 (De Leon)
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Schwarzenegger vetoed AB 996, issuing the following veto
message:
This bill is unnecessary because there has been no
documentation of a problem with the theft of
ammunition from retail establishments. In addition, I
have just signed SB 48 by Senator Scott into law which
will ensure those underage will no longer be
purchasing ammunition.
Requiring retail ammunition sellers to store any
handgun ammunition offered for sale in a manner
inaccessible to the purchaser would impose more
regulation in California without a corresponding
benefit to public safety. It is not clear how
requiring store employees to obtain and hand customers
ammunition instead of letting customers choose their
own ammunition will curb crimes committed with
firearms.
WILL REQUIRING HANDGUN AMMUNITION TO BE SOLD FROM BEHIND A
COUNTER HELP REDUCE GUN-RELATED CRIME?
***************