BILL ANALYSIS
SB 282
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Date of Hearing: June 29, 2010
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 282 (Wright) - As Amended: June 23, 2010
As Proposed to be Amended in Committee
SUMMARY : Provides that, commencing February 1, 2011, a handgun
ammunition vendor shall not provide handgun ammunition purchaser
or transferee information to any third party, or use the
information for any purpose other than what is required or
authorized by statute or regulation without the written consent
of the purchaser or transferee. Specifically, this bill:
1)Provides that, commencing February 1, 2011, it is a
misdemeanor for a handgun ammunition vendor to provide handgun
ammunition purchaser or transferee information to any third
party, or use the information for any purpose other than what
is required or authorized by statute or regulation without the
written consent of the purchaser or transferee of the handgun
ammunition who is the subject of the record.
2)State that any handgun ammunition purchase or transfer
information that is no longer required to be maintained shall
be destroyed in a manner that protects the privacy of the
purchaser or transferee who is the subject of the record.
3)Provides that any records generated by a licensed firearms
dealer that are no longer required to be maintained by that
licensee, if destroyed, shall be destroyed in a manner that
protects the privacy of the purchaser or transferee that is
the subject of the record.
4)Makes this bill contingent upon the enactment of AB 2358 (De
Leon).
EXISTING LAW :
1)Provides, commencing February1, 2011, a vendor of handgun
ammunition shall not sell or transfer handgun ammunition
without at the time of purchase legibly recording the
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following information on a form prescribed by the Department
of Justice (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;
g) The purchaser's or transferee's full residential address
and telephone number; and,
h) The purchaser's or transferee's date of birth. [Penal
Code Section 12061(a)(3).]
2)Requires, commencing February 1, 2011, 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. [Penal Code Section 12061(a)(4).]
3)Requires, commencing February 1, 2011, 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. [Penal Code Section
12061(a)(5).]
4)Provides, commencing February 1, 2011, 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. (Penal
Code Section 12318.)
5)Provides that "it shall be unlawful for any licensed importer,
licensed manufacturer, licensed dealer, or licensed collector
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to sell or deliver - any firearm or ammunition to any
individual who the licensee knows or has reasonable cause to
believe is less than 18 years of age and, if the firearm or
ammunition is other than a shotgun or rifle, or ammunition for
a shotgun or rifle, to any individual who the licensee knows
or has reasonable cause to believe is less than 21 years of
age . . . . " [18 United States Code Service 922(b)(1).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 282 will
improve the security and privacy of firearms and handgun
ammunition transaction records. Vendors are currently
required to collect and maintain specified information about
handgun and ammunition purchasers. This bill will protect the
privacy of those purchasers by prohibiting the use of that
information for anything other then what is required or
authorized by statute or regulation while still making those
records available for law enforcement. When the vendors are
no longer required to maintain the records and choose to
destroy them, the bill specifies they must be destroyed in a
manner that protects the privacy of the purchaser."
2)Related Legislation : AB 2358 (De Leon), pending hearing by
the Senate Appropriations Committee, is similar to this bill
in that AB 2358 provides that, commencing February 1, 2011, an
ammunition vendor shall not provide ammunition purchaser
information to any third party without the written consent of
the purchaser, and requires that any records no longer
required to be maintained be destroyed in a manner that
protects the purchaser who is the subject of the record.
REGISTERED SUPPORT / OPPOSITION :
Support
American Civil Liberties Union
Legal Community Against Violence
Opposition
None
SB 282
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Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744