BILL ANALYSIS ------------------------------------------------------------ |SENATE RULES COMMITTEE | AB 962| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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 AB 962 Page 2 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 AB 962 Page 3 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 AB 962 Page 4 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. AB 962 Page 5 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 AB 962 Page 6 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 AB 962 Page 7 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 AB 962 Page 8 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 AB 962 Page 9 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. AB 962 Page 10 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 AB 962 Page 11 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. AB 962 Page 12 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 AB 962 Page 13 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. AB 962 Page 14 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. AB 962 Page 15 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 AB 962 Page 16 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 AB 962 Page 17 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 AB 962 Page 18 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 ****