BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 282
                                                                  Page  1

          Date of Hearing:   August 4, 2010

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                    SB 282 (Wright) - As Amended:  August 2, 2010 

          Policy Committee:                             Public  
          SafetyVote:7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill:

          1)Makes it a misdemeanor, punishable by up to six months in  
            county jail and/or a fine of up to $1,000, for a handgun  
            ammunition vendor to provide ammunition-purchaser information  
            to a third party, and from using the information for any  
            purpose other than that authorized by statute or regulation  
            without the written consent of the purchaser.   

           2)Requires handgun ammunition purchase information, and records  
            generated by a licensed firearms dealer, that are no longer  
            required to be maintained, to be destroyed. 

          3)Makes this bill contingent upon enactment of AB 2358 (De  
            Leon).  

           FISCAL EFFECT  

          1)Negligible state cost.

          2)Unknown, likely minor, nonreimbursable local law enforcement  
            and incarceration costs, offset to a degree by increased fine  
            revenue. 

           COMMENTS  

           1)Rationale  . 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  








                                                                  SB 282
                                                                  Page  2

            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 in Senate  
            Appropriations, is similar to this bill in that AB 2358  
            specifies an ammunition vendor shall not provide ammunition  
            purchaser information to any third party without the written  
            consent of the purchaser, and requires that records no longer  
            required to be maintained be destroyed. 

            SB 282 makes the provision of information and the failure to  
            destroy purchaser information a misdemeanor, while AB 2358  
            does not include a specific penalty. The bills amend different  
            code sections, however, so there is no conflict.

           3)This bill was a gut and amend in the Assembly and was never  
            heard in the Senate  . As the prohibition on  
            ammunition-purchaser information is already contained in AB  
            2358, which has gone through both houses, it is not clear why  
            this bill is necessary. 

           4)Current law  prohibits, effective February 1, 2011, a handgun  
            ammunition vendor from selling or transfering handgun  
            ammunition without, at the time of purchase, recording  
            specified information on a form prescribed by the Department  
            of Justice (DOJ).




           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081