BILL ANALYSIS
SB 282
Page 1
SENATE THIRD READING
SB 282 (Wright)
As Amended August 2, 2010
Majority vote
SENATE VOTE :21-14
PUBLIC SAFETY 7-0 APPROPRIATIONS 17-0
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|Ayes:|Ammiano, Hagman, Beall, |Ayes:|Fuentes, Conway, |
| |Gilmore, Hill, | |Bradford, |
| |Portantino, Skinner | |Charles Calderon, Coto, |
| | | |Davis, |
| | | |De Leon, Gatto, Hall, |
| | | |Harkey, Miller, Nielsen, |
| | | |Norby, Skinner, Solorio, |
| | | |Torlakson, Torrico |
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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.
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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
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.
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.
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.
4)Provides, commencing February 1, 2011, the sale or transfer of
SB 282
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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.
5)Provides that "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 . . . . "
FISCAL EFFECT : According to the Assembly Appropriations
Committee analysis,
1)Negligible state cost.
2)Unknown, likely minor, nonreimbursable local law enforcement
and incarceration costs, offset to a degree by increased fine
revenue.
COMMENTS : 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."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744 FN: 0005897