BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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          |SENATE RULES COMMITTEE            |                   AB 962|
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                                 THIRD READING


          Bill No:  AB 962
          Author:   De Leon (D), et al
          Amended:  6/22/09 in Senate
          Vote:     21

           
           SENATE PUBLIC SAFETY COMMITTEE  :  4-3, 7/7/09
          AYES:  Leno, Cedillo, Hancock, Steinberg
          NOES:  Benoit, Huff, Wright
           
          SENATE APPROPRIATIONS COMMITTEE  :  7-5, 8/27/09
          AYES:  Kehoe, Corbett, Hancock, Leno, Oropeza, Price, Yee
          NOES:  Cox, Denham, Runner, Walters, Wyland
          NO VOTE RECORDED:  Wolk

           ASSEMBLY FLOOR  :  42-31, 6/3/09 - See last page for vote


           SUBJECT  :    Handgun ammunition vendor licenses

           SOURCE :     Author


           DIGEST  :    This bill (1) creates a system to license  
          vendors of handgun ammunition and make it a misdemeanor,  
          punishable by six 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) authorizes 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  
                                                           CONTINUED





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          those licenses, (3) authorizes funds from the 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) requires that  
          vendors not allow any employee who is prohibited by law  
          from possessing a firearm to handle, sell or deliver  
          handgun ammunition; (5) requires that employees of  
          ammunition vendors provide to the vendor a certificate of  
          eligibility obtained  from DOJ, as specified, (6) requires  
          that vendors not allow handgun ammunition to be accessible  
          to customers without the assistance of an employee of the  
          vendor, (7) provides 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) provides 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) excludes from the existing definition of  
          ammunition that may not be sold to persons prohibited from  
          possessing firearm blanks, (10) provides that it is a  
          misdemeanor, punishable by up to six 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) provides 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) provides 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) provides that it is a misdemeanor, punishable by up to  
          six months in jail, a fine of up to $1,000, or both, for  







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          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.

           ANALYSIS  :    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.  (Section 12316(a)(1) of the Penal  
          Code)

          Existing law provides that proof that a person,  
          corporation, or dealer, or his/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.   
          (Section 12316(a)(2) of the Penal Code)

          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.  (Section  
          12316(a)(2) of the Penal Code)

          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.  (Section  
          12316(b)(2) of the Penal Code)

          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.  (Section 12323(a) of the Penal Code)

          Existing law makes it an alternate felony/misdemeanor for a  
          person prohibited from possessing a firearm to possess or  
          have under his/her control any ammunition.  (Section  







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          12316(b)(1) of the Penal Code)

          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 Section 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 provides that the Department of Justice (DOJ) is  
          authorized to issue handgun ammunition vendor licenses.

          This bill provides that no handgun ammunition vendor  
          license may be issued to an applicant who fails to provide:

          1. A copy of any regulatory or business license, or  
             licenses, required by local government.

          2. A valid seller's permit issued by the Board of  
             Equalization.

          3. A federal firearms license if the person is federally  
             licensed.







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          4. 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.  DOJ shall inform applicants  
          who are denied licenses of the reasons for the denial in  
          writing.

          This bill provides:

          1. 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.

          2. The Attorney General may adopt regulations to administer  
             application procedures and enforcement procedures for  
             the licensee.

          3. The Attorney General may adopt regulations that  
             establish grounds for suspension or revocation of the  
             license.

          4. 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 $50.

          5. 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.

          6. DOJ shall issue licenses pursuant to this section to the  
             following applicants:

             A.    Licensed firearms dealers, as specified.

             B.    A person who is on the centralized list maintained  







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                by DOJ of federal firearms dealer's license holders.

             C.    A target facility which holds a business or  
                regulatory license.

             D.    Gunsmiths

             E.    Wholesalers

             F.    Manufacturers or importers of firearms licensed  
                pursuant to federal law, as specified.

          7. DOJ shall waive all application fees for licensed  
             firearms dealers, as specified.

          8. DOJ shall keep a centralized registry of all persons,  
             businesses, and corporations that are vendors.

          9. DOJ may remove from this registry any vendor that  
             violates the provisions of this section.

          10.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.

          11.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.

          12.Information compiled from the handgun ammunition vendor  
             license registry shall be made available, upon request,  
             for the following purposes only:

             A.    For law enforcement purposes. 

             B.    When the information is requested for the purposes  
                of determining the validity of handgun ammunition  
                deliveries.

           Requirements of Handgun Ammunition Vendors

           This bill provides that as of July 1, 2010, no person shall  







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          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 six months in county jail, a fine of up  
          to $1,000, or both.
          This bill provides that this restriction will not apply to  
          or affect any of the following:

          1. 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.

          2. 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/her duties

          3. 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.

          4. Sales or other transfers of ownership of handgun  
             ammunition to authorized representatives of local, state  
             or 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.

          5. Sales or other transfers of ownership of handgun  
             ammunition between immediate family members, spouses, or  
             registered domestic partners, as defined.

          6. Sales or other transfers of ownership of handgun  
             ammunition to persons licensed as a collector of  







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             firearms pursuant to federal law whose licensed premises  
             are within this state who has a current certificate of  
             eligibility issued to him/her by DOJ.

          7. Sales or other transfers of ownership of handgun  
             ammunition to a consultant-evaluator, as defined.

          8. The sale or other transfer of ownership of handgun  
             ammunition by a person licensed pursuant to federal law,  
             to any of the following:

             A.    A person licensed under federal law as a  
                manufacturer of firearms pursuant to federal law.

             B.    A person licensed under federal law as an importer  
                of firearms.

             C.    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.

          9. 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 his/her duties, as specified.

          This bill requires that a licensed handgun ammunition  
          vendor comply with all of the following conditions,  
          requirements, and prohibitions:

          1. No vendor shall sell or transfer ownership of handgun  
             ammunition pursuant to their license unless the vendor  
             is listed on the centralized registry.

          2. 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/her employment.

          3. 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  







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             eligibility obtained from DOJ, as specified.  The  
             request shall be made within 45 days of employing the  
             individual.

          4. 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.

          5. 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 transferee without the assistance of the  
             vendor or employee thereof.

          6. 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:

             A.    The date of the sale or other transaction.

             B.    The purchaser's or 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 sold or  
                otherwise transferred.

             D.    The purchaser's or transferee's signature.

             E.    The name of the salesperson who processed the sale  
                or other transaction.

             F.    The right thumbprint of the purchaser or  
                transferee on the above form.

             G.    The purchaser's or transferee's full residential  
                address and telephone number.








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             H.    The purchaser's or transferee's date of birth.

          Failure to comply with this recordkeeping requirement will  
          be a misdemeanor punishable by up to six months in jail, a  
          fine of up to $1,000, or both.

          7. 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.

          8. 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.

          9. 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  







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             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 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.

          10.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.  

          11.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 recordkeeping  
          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 DOJ:

          1. Licensed firearms dealers, as specified.

          2. A licensed handgun ammunition vendor.

          3. A person who is on the centralized list of licensed  
             federal firearms dealers, as specified, maintained by  
             DOJ.

          4. A target facility which holds a business or regulatory  
             license.








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          5. Gunsmiths.

          6. Wholesalers.

          7. Manufacturers or importers of firearms licensed under  
             specified federal law, and the regulations issued  
             pursuant thereto. 
                                                                       
          8. 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

           This bill provides that it will be a misdemeanor,  
          punishable by up to six 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  







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          any person prohibited from possessing a firearm, as  
          specified.

          This bill exempts from those provisions sales of blanks.

          This bill provides 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/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 provides 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/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.

          This bill adds 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 six  
          months in jail, a fine of up to $1,000, or both.







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          This bill defines, for purposes of this section, the  
          following terms:

          1. "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.

          2. "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 of, handgun ammunition to any of the  
          following:

          1. 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.

          2. Sworn peace officers, as defined, who are authorized to  
             carry a firearm in the course and scope of their duties.

          3. Importers and manufacturers of handgun ammunition or  
             firearms licensed to engage in business pursuant to  
             specified federal law and the regulations issued  
             pursuant thereto.








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          4. Persons who are on DOJ's centralized list of federally  
             licensed firearms dealers, as specified.

          5. 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.

          6. 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/her by DOJ, as specified.

          7. A licensed handgun ammunition vendor. 

          8. A consultant-evaluator, as specified.
           
          FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

                           Fiscal Impact (in thousands)

             Major Provisions                2009-10     2010-11        
             2011-12               Fund  

            Creates new crimes            unknown local costs,  
            non-reimbursable    Local
            New DOJ Program               $306      costs recovered  
            from fees           Special* 

            * Dealers' Record of Sale Account

          This bill may also result in decreased sales tax revenue to  
          the degree that ammunition sales decrease as a result of  
          additional, time-consuming procedures required for  
          consumers.  Neighboring states do not have the extensive  
          restrictions on ammunition purchases proposed by this bill.

           SUPPORT  :   (Verified  8/27/09)

          Alameda County Board of Supervisors







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          Brady Campaign to Prevent Gun Violence, Alameda  
            County/Oakland Chapter
          Brady Campaign to Prevent Gun Violence, Contra Costa County  
          Chapter
          Brady Campaign to Prevent Gun Violence, Long Beach Chapter
          Brady Campaign to Prevent Gun Violence, Los Angeles Chapter
          Brady Campaign to Prevent Gun Violence, Nevada County  
          Chapter
          Brady Campaign to Prevent Gun Violence, Orange County  
          Chapter
          Brady Campaign to Prevent Gun 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 (Acting) Howard Jordan, City of Oakland
          Chief of Police Anthony Batts, City of Long Beach
          Chief of Police Blair Urling, City of Stockton
          Chief of Police Cam Sanchez, City of Santa Barbara
          Chief of Police Edward Medrano, City of Gardena
          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
          Chief of Police William Bratton, City of Los Angeles
          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







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                                                                Page  
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          Legal Community Against Violence
          Lutheran Office of Public Policy
          Sheriff Leroy D. Baca, County of Los Angeles
          Violence Prevention Coalition of Greater Los Angeles
          Violence Prevention Coalition of Orange County
          Women Against Gun Violence
          Youth ALIVE!

           OPPOSITION  :    (Verified  9/2/09)

          American Shooting Center, San Diego
          Butte County Sheriff
          California Association of Firearm Retailers
          California Public Defenders Association
          California Rifle and Pistol Association
          California Sportsman's Lobby, Inc.
          Crossroads of the West Gun Shows
          Del Norte County Sheriff
          Discount Gun Mart
          El Cajon Gun Exchange
          Fresno County Sheriff
          Glenn County Sheriff
          Gun Owners of California
          Herb Bauer Sporting Goods
          Hi-Pass Sports
          Kern County Sheriff
          Lassen County Sheriff
          National Rifle Association of America
          National Shooting Sports Foundation, Inc.
          On Target Radio KCBQ
          Outdoor Sportsmen's Coalition of California
          Riverside County Sheriff
          Safari Club International
          San Benito County Sheriff
          San Bernardino County Sheriff
          San Joaquin County Sheriff
          Second Amendment Sports
          Shasta County Sheriff
          Stanislaus County Sheriff
          Sutter County Sheriff
          Tehama County Sheriff
          The California Sportsman's Lobby, Inc.
          The Shootist
          Trinity County Sheriff







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          Several thousand private citizens (based on petitions on  
            file with the Senate Public Safety Committee)

           ARGUMENTS IN SUPPORT  :    Los Angeles Mayor Antonio  
          Villaraigosa writes:

            "On behalf of the City of Los Angeles, I would like to  
            communicate our strong support for AB 962 (De Leon).   
            This legislation would add regulations to combat the easy  
            accessibility to handgun ammunition in order to assist  
            law enforcement in solving crimes involving handguns and  
            ensuring public safety.

            "Reducing gun and gang violence are the top public safety  
            priorities in the City of Los Angeles.  Far too many  
            homicides are committed each year and many cases remain  
            unresolved in part because the ownership and purchase of  
            weapons and ammunition cannot be traced.  There is  
            currently no regulatory control over the deadly  
            ammunition that fuels gun violence.  Not only are handgun  
            ammunition vendors unregulated, but handgun ammunition  
            sales are also unregulated, despite federal and state  
            prohibitions on certain groups of people from purchasing  
            ammunition, e.g. convicted felons.

            "While the State has enacted legislation designed to keep  
            guns out of the wrong hands, it has done little to  
            prevent criminals and gang members who already have guns  
            from readily accessing the ammunition that drives gun and  
            gang violence.  AB 962 would enact the regulatory  
            structure necessary to end the immediate access to  
            unlimited ammunition that gangs and criminals currently  
            have.

            "The City of Los Angeles has historically been at the  
            forefront of innovative and progressive antigun violence  
            legislation and supports AB 962, which will regulate  
            handgun ammunition sales statewide so that this  
            ammunition does not fall into the wrong hands, thereby  
            reducing gun violence and ensuring the safety of our  
            communities."

           ARGUMENTS IN OPPOSITION  :    The National Rifle Association  
          states:  







                                                                AB 962
                                                                Page  
          19

           
             "The proponents of AB962 claim that new legislation is  
            needed to stop the transfer of handgun ammunition to  
            criminals.  In California, the transfer of ammunition to  
            a prohibited person is a crime and the possession of  
            ammunition by a prohibited person is a crime.

            "The passage of Assembly Bill 962 would create a new  
            Department of Justice Program that costs millions of  
            dollars without providing a funding source.  The analysis  
            from Assembly Appropriations committee states that; a  
            preliminary estimate, DOJ projects first-year start-up  
            costs of $500,000, increasing to more than $2 million in  
            2010-11 and $1 million in 2011-12.

            "In a time of a critical budgets crisis, that is forcing  
            law enforcement agency layoffs statewide, it would not be  
            prudent to create an increased burden on limited law  
            enforcement resources."

          Gun Owners of California (GOC) writes:

            "As you were informed last year during testimony on AB  
            2062, the Federal Government had in place an ammunition  
            registration program established in the 1968 Gun Control  
            Act that was discarded by Congress in 1986 when the U.S.  
            Treasury Department testified that the program was of no  
            use in crime fighting.

            "In the 18 years that the nationwide mandate (no state  
            was exempt from the program) was in place, not a single  
            crime was solved due to the registration program.  Not a  
            single crime solved even though there were literally 10's  
            of millions of recorded transactions.  If the program had  
            even a shred of merit, one would think that even a few  
            crimes would have been solved.  The fact is there were  
            none.  In order to get this bill through the CA  
            legislature, you have now amended this bill to be a  
            virtual duplicate of the program which was eliminated by  
            Congress.

            "Ammunition or ammunition purchaser registration, in any  
            form, serves only to infringe upon the rights of  
            law-abiding citizens.  It has proven to do nothing  







                                                                AB 962
                                                                Page  
          20

            towards preventing criminals from violating federal or  
            state laws.  In fact, the U.S. Supreme Court in  U.S. vs.  
            Haynes  has held that criminals cannot be compelled to  
            obey these registration laws because doing so would  
            violate their right against self-incrimination.  They can  
            be prosecuted for breaking the law but they cannot be  
            compelled to obey the law.  Therefore there is no crime  
            prevention aspect to AB 962.

            "AB 962 will do nothing to prevent criminals from  
            acquiring ammunition and will do nothing to assist law  
            enforcement in catching criminals.  This bill will only  
            create a massive record keeping system costing millions  
            of taxpayer's dollars, destroy the legal commerce of  
            ammunition, and will make it cumbersome for law-abiding  
            citizens to exercise their rights.

            "GOC believes that recent [discussions] in the Senate  
            Appropriations Committee to fund this bill out of the  
            Dealer Record of Sales Special Account is illegal."

           ASSEMBLY FLOOR  : 
          AYES:  Ammiano, Beall, Blumenfield, Brownley, Buchanan,  
            Charles Calderon, Carter, Coto, Davis, De La Torre, De  
            Leon, Eng, Evans, Feuer, Fong, Furutani, Hall, Hayashi,  
            Hernandez, Hill, Huffman, Jones, Krekorian, Lieu, Bonnie  
            Lowenthal, Ma, Mendoza, Monning, Nava, John A. Perez,  
            Portantino, Price, Ruskin, Salas, Saldana, Skinner,  
            Solorio, Swanson, Torlakson, Torres, Torrico, Bass
          NOES:  Adams, Anderson, Arambula, Bill Berryhill, Tom  
            Berryhill, Blakeslee, Conway, Cook, DeVore, Duvall,  
            Emmerson, Fletcher, Fuller, Gaines, Garrick, Gilmore,  
            Hagman, Harkey, Huber, Jeffries, Knight, Logue, Miller,  
            Nestande, Niello, Nielsen, Silva, Smyth, Audra  
            Strickland, Tran, Villines
          NO VOTE RECORDED:  Block, Caballero, Chesbro, Fuentes,  
            Galgiani, V. Manuel Perez, Yamada

          RJG:mw  9/2/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

                                ****  END  ****