BILL ANALYSIS                                                                                                                                                                                                    


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                                 THIRD READING

          Bill No:  AB 962
          Author:   De Leon (D), et al
          Amended:  9/4/09 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  :    Ammunition 

           SOURCE  :     Author

           DIGEST  :    This bill imposes specified requirements on  
          handgun ammunition sellers, primarily that sellers collect  
          buyers personal data and keep a log of such sales, but  
          these amendments remove the requirement that sellers obtain  
          a vendor's license and the requirement that the Department  
          of Justice maintain records of such licenses.  The  
          implementation date for the provisions of the bill is  
          February 1, 2011.

           Senate Floor Amendments  of 9/4/09 delete the requirement  


                                                                AB 962

          that handgun ammunition sellers obtain a license, extend  
          the implementation date from July 1, 2010, to February 1,  
          2011, delete the requirement that employees of ammunition  
          sellers obtain a certificate of eligibility from the  
          Department of Justice, and make technical amendments.

           ANALYSIS  :    Existing law generally regulates the sale of  

          This bill provides that no handgun ammunition vendor, as  
          defined, shall sell, offer for sale, or display for sale,  
          any handgun ammunition in a manner that allows that  
          ammunition to be accessible to a purchaser without the  
          assistance of the vendor or employee thereof.

          Existing law generally regulates what information is  
          required to be obtained in connection with the transfer of  

          This bill, subject to exceptions, commencing February 1,  
          2011, requires handgun ammunition vendors to obtain a thumb  
          print and other information from ammunition purchasers, as  
          specified.  A violation of these provisions will be a  

          This bill provides that a person enjoined from engaging in  
          activity associated with a criminal street gang, as  
          specified, will be prohibited from having under his/her  
          possession, custody, or control, any ammunition.  Violation  
          of these provisions will be a misdemeanor.

          This bill prohibits supplying or delivering, as specified,  
          handgun ammunition to prohibited persons, as described, by  
          persons or others who know, or by using reasonable care  
          should know, that the recipient is a person prohibited from  
          possessing ammunition or a minor prohibited from possessing  
          ammunition, as specified.  Violation of these provisions is  
          a misdemeanor with specified penalties.

          This bill provides, subject to exceptions, that commencing
          February 1, 2011, 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 of the purchaser or  


                                                                AB 962

          other transferee.  A violation of these provisions will be  
          a misdemeanor.

           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  9/8/09)

          Alameda County Board of Supervisors
          Brady Campaign to Prevent Gun Violence, Alameda  
            County/Oakland Chapter
          Brady Campaign to Prevent Gun Violence, Contra Costa County  
          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  
          Brady Campaign to Prevent Gun Violence, Orange County  
          Brady Campaign to Prevent Gun Violence, Riverside County  
          Brady Campaign to Prevent Gun Violence, Sacramento Valley  
          Brady Campaign to Prevent Gun Violence, San Diego Chapter


                                                                AB 962

          Brady Campaign to Prevent Gun Violence, San Fernando Valley  
          Brady Campaign to Prevent Gun Violence, San Mateo/Santa  
            Clara Counties Chapter
          Brady Campaign to Prevent Gun Violence, Sonoma County  
          Brady Campaign to Prevent Gun Violence, Ventura County  
          Brady Campaign to Prevent Gun Violence, West Contra Costa  
            County Chapter
          California Chapters of the Brady Campaign to Prevent Gun  
          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  
          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
          John's Gun Repair (Fall River Mills)
          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  9/8/09)

          American Shooting Center, San Diego
          Butte County Sheriff
          California Association of Firearm Retailers
          California Public Defenders Association


                                                                AB 962

          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
          11,855 private citizens (based on petitions on file with  
            the Senate Public Safety Committee)
          1,210 additional private citizens (based on petition 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.


                                                                AB 962

            "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  

            "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  

           ARGUMENTS IN OPPOSITION :    The National Rifle Association  
             "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  


                                                                AB 962

            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  

            "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  
            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  


                                                                AB 962

            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  9/8/09   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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