BILL ANALYSIS
AB 962
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 962 (De Leon)
As Amended September 4, 2009
Majority vote
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|ASSEMBLY: |42-31|(June 3, 2009) |SENATE: | |(September 11, |
| | | | | |2009) |
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(vote not
available)
Original Committee Reference: PUB. S.
SUMMARY : Requires, commencing February 1, 2011 that a handgun
ammunition vender obtain a thumb print and other specified
information from an ammunition purchaser and requires that the
above information be subject to inspection by law enforcement.
The Senate amendments :
1)Delete provisions that required any person that sells or
transfers more than 50 rounds of handgun ammunition in any
month to be licensed by the Department of Justice (DOJ).
2)Make it a misdemeanor to supply or deliver ammunition to a
minor who he or she should reasonably know is prohibited from
possessing ammunition, as specified.
AS PASSED BY THE ASSEMBLY , this bill:
1)Provided that commencing July 1, 2010, no person shall sell or
transfer ownership of more than 50 rounds of handgun
ammunition in any month unless the person is licensed by the
Department of Justice (DOJ) as a licensed handgun ammunition
vendor, as specified.
2)Exempted the sale and transfer of ownership of handgun
ammunition by manufacturers or wholesalers to licensed
vendors.
3)Exempted sales or transfers of ownership of handgun ammunition
made by an authorized law enforcement representative of a
federal, state or local agency to a peace officer authorized
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to carry a handgun in the course and scope of his or her
duties.
4)Exempted the sale or transfer of ownership of handgun
ammunition to representatives of a federal, state, or local
agency, if written authorization by the head of the agency
authorizing the transaction, is presented to the vendor of
handgun ammunition.
5)Exempted the sale or transfer of ownership of handgun
ammunition state and local entities in which the entity is
acquiring the ammunition as part of an authorized program in
which the entity is buying or receiving ammunition from
private individuals.
6)Exempted the sale or transfer of ownership of handgun
ammunition between immediate family members, spouses, or
registered domestic partners.
7)Provided that a violation of provisions relating to the sale
and transfer of handgun ammunition is a misdemeanor.
8)Authorized the DOJ to issue handgun ammunition vendor
licenses.
9)Provided that no ammunition handgun vendor license may be
issued to an applicant who fails to provide a copy of any
required local business license, a seller's permit, a federal
firearms license if the person is federally licensed, and a
certificate of eligibility (COE). The handgun ammunition
vendor's license shall be issued for a specific physical
location where the sale or transfer of ownership of handgun
ammunition is to be conducted.
10)Required the DOJ to inform applicants who are denied licenses
of the reason for the denial in writing.
11)Required the handgun ammunition vendor license to be issued
in a form prescribed by the Attorney General (AG) and shall be
valid for a period of one year, and authorizes the AG to adopt
regulations to administer application procedures and
procedures for licensees
12)Allowed the DOJ to charge handgun ammunition vendors license
applicants a fee sufficient for the costs or reimbursing the
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DOJ for the cost of administering the handgun license program,
maintaining the registry of handgun ammunition vendors, and
necessary regulatory functions, including enforcement,
provided that the fee shall not exceed $50.
13)Required the DOJ to issue licenses for the following
applicants:
a) State-licensed firearms dealers;
b) Federally licensed firearms dealers;
c) A target facility which holds a business or regulatory
license;
d) Gunsmiths;
e) Wholesalers; and,
f) Manufacturers or importers of firearms, as specified.
14)Required the DOJ to keep a centralized registry of all
persons, businesses, and corporations who are vendors, and
provides that no vendor shall transfer ownership of handgun
ammunition pursuant to their licenses unless the vendor is on
the centralized registry.
15)Allowed the DOJ to remove any vendor from the registry who
violates any provisions relating to the transfer and sale of
handgun ammunition.
16)Provided that the license of any vendor that violates
provisions relating to the sale or transfer of ammunition
three times shall be permanently revoked, and notice of the
revocation shall be provided to local law enforcement and
licensing authorities in the jurisdiction where the vendor's
business is located.
17)Stated that information contained in the centralized registry
of handgun ammunition vendors shall be made available for law
enforcement purposes, or when the information is requested for
the purpose of determining the validity of handgun ammunition
deliveries or transfers
18)Provided that a handgun ammunition vendor shall comply with
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all of the following conditions, requirements and
prohibitions:
a) A vendor shall not permit an employee who is prohibited
from possessing a firearm, or has been assessed as a danger
to his or her self or others, to handle, sell, or deliver
ammunition in the scope of his or her employment;
b) Requires an employee of a vendor, who becomes an
employee after July 1, 2010, and who handles, sell or
transfers handgun ammunition, to provide to the vendor a
certificate of eligibility obtained from the DOJ and the
request must be made within 45 days of employing the
individual; and,
c) Requires an employee of a vendor who becomes an employee
on or before July 1, 2010 and who handles, sells, or
delivers handgun ammunition to provide to the vendor a COE
obtained from the DOJ no later than August 15, 2010.
17)Commenced July 1, 2010, a vendor of handgun ammunition shall
not sell or transfer ownership of any handgun ammunition in a
manner that allows that ammunition to be accessible to a
purchaser without the assistance of the vendor or employee
thereof.
18)Provided that commencing July 1, 2010, a vendor of handgun
ammunition shall not sell or transfer handgun ammunition
without at the time of purchase legibly recording the
following information on a form prescribed by the DOJ:
a) The date of the transaction;
b) The transferee's driver's license or other
identification number and the state in which it was issued;
c) The brand, type, and amount of ammunition transferred;
d) The purchaser or transferee's signature;
e) The name of the salesperson who processed the sale or
transaction;
f) The right thumbprint of the purchaser or transferee on
the prescribed form;
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g) The purchaser's or transferee's full residential address
and telephone number; and,
h) The purchaser's or transferee's date of birth.
19)Commenced July 1, 2010, the records of the sale or transfer
of handgun ammunition shall be maintained on the premises of
the vendor for at least five years from the date of the
recorded transfer.
20)Commenced July 1, 2010, the handgun ammunition vendor's
records of sale shall be subject to inspection by specified
peace officers engaged in an investigation where the records
may be relevant, is seeking information about prohibited
persons, or is engaged in ensuring compliance with laws
relating to firearms or ammunition.
21)Commenced July 1, 2010, a handgun ammunition vendor shall not
knowingly make a false entry in, fail to make a required entry
in, fail to obtain the required thumbprint, or otherwise fail
to maintain the records of handgun ammunition transfers or
sales.
22)Commenced July 1, 2010, no vendor shall refuse to permit
specified peace officers to examine any record related to the
transfer or sale of handgun ammunition, or refuse to permit
the use of these record by those persons.
23)Exempted from providing specified information at the time of
purchase or transfer of ownership of handgun ammunition by
licensed handgun ammunition vendors to any of the following
who are properly identified in a manner prescribed by the DOJ:
a) A licensed firearms dealers;
b) A licensed handgun ammunition vendor;
c) A federally licensed firearms dealer;
d) A target facility which holds a business or regulatory
license;
e) Gunsmiths;
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f) Wholesalers;
g) Manufacturers or importers of firearms, as specified;
h) Sales or transfers of ownership of handgun ammunition
made to authorized law enforcement representatives if
written authorization from the employing the agency is
presented to the person from whom the purchase is being
made; and,
i) Sales or transfers of ownership of handgun ammunition by
licensed handgun ammunition vendors to sworn peace
officers, as specified.
24)Provided that specified violations relating to the
maintenance of records of handgun ammunition transfers or
sales shall be punished as a misdemeanor.
25)Made it a misdemeanor for any person who is subject to an
injunction for being a member of a criminal street gang to
own, possess, or have under his or her custody or control, any
ammunition or reloaded ammunition.
26)Provided that a sale of any ammunition by a person,
corporation or firm to a person prohibited from owning or
possessing ammunition, or to a person he or she reasonably
should know is a prohibited person, is punishable by up to one
year in the county jail, by a fine not to exceed $1,000, or
both.
27)Provided that commencing July 1, 2010, the sale or transfer
of handgun ammunition may only occur in a face-to-face
transaction with the seller or transferor being provided with
bona fide evidence of identity from the purchaser, and a
violation of this provision is a misdemeanor.
28)Defined "bona fide evidence of identity" as a document issued
by a federal, state, county, or municipal government, or
agency thereof, including, but not limited to, a motor vehicle
operator's license, California state identification card,
identification card issued to a member of the armed forces, or
other form of identification that bears the name, date of
birth, description, and picture of the person.
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29)Defined "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 intended to be used in antique firearms. Handgun
ammunition does not include blanks used in prop weapons.
30)Provided that the face-to-face requirement shall not apply to
the delivery of ammunition to law enforcement agencies, sworn
peace officers, importers and manufacturers of firearms,
licensed ammunition vendors, licensed firearms dealers or
collectors, and consultant evaluators as specified.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, DOJ projects start-up costs of about $700,000, with
ongoing costs of $60,000 for seven positions. DOJ indicates
these costs would eventually be covered by the $50 fee and
employer payments to DOJ for the cost of the COEs.
COMMENTS : According to the author, "AB 962 the Protection Act of
2009 seeks to safeguard California's communities by combating
the easy accessibility to handgun ammunition that fuels gun
violence and criminal activity."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0003064