BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Christine Kehoe, Chair SB 124 (De León) Hearing Date: 5/2/2011 Amended: 4/25/2011 Consultant: Jolie Onodera Policy Vote: Public Safety 5-2 _________________________________________________________________ ____ BILL SUMMARY: SB 124 modifies definitions in certain statutes related to handgun ammunition and armor-piercing ammunition. Specifically, this bill: 1)Amends the definition of handgun ammunition to "ammunition capable of being used in pistols, revolvers, and other firearms capable of being concealed upon the person, notwithstanding that the ammunition may also be used in some rifles"; 2)Amends the definition of handgun ammunition designed to penetrate metal or armor to read "any ammunition, except a shotgun shell, that is designed to penetrate a body vest or body shield when discharged from a handgun," as specified; 3)Conforms several statutes that refer to "ammunition designed primarily to penetrate metal or armor" by deleting the word "primarily" from each of these statutes. _________________________________________________________________ ____ Fiscal Impact (in thousands) Major Provisions 2011-12 2012-13 2013-14 Fund Expanded crimes Unknown; non-reimbursable local Local costs Sales tax loss Unknown; $60 per one percent of General statewide civilian ammunition sales _________________________________________________________________ ____ STAFF COMMENTS: This bill meets the criteria for referral to the Suspense File. This bill proposes to address the recent ruling in Parker v. State of California, et al. (January 31, 2011) that found the definition of "handgun ammunition" unconstitutionally vague on the grounds that the language of the definition fundamentally requires each law enforcement officer to make a subjective determination as to whether or not the ammunition at issue is "principally for use" in a handgun. A vague term is unconstitutional in that it fails to give adequate notice to a defendant of what behavior is prohibited. As a result of this finding, the court enjoined the State Attorney General from enforcing several statutes enacted pursuant to AB 962 (De León) 2009 regarding the sales of handgun ammunition that were to take SB 124 (De León) Page 3 effect on February 1, 2011. The Department of Justice has indicated that the ruling currently has statewide application. Current law defines "handgun ammunition" as ammunition principally for use in pistols, revolvers, and other firearms capable of being concealed upon the person, notwithstanding that the ammunition may also be used in some rifles. Exemptions from this definition include ammunition designed and intended to be used in an antique firearm and blanks. This bill amends the definition to "ammunition capable of being used in pistols, revolvers, and other firearms capable of being concealed upon the person," and by doing so, expands the scope of handgun ammunition to include any rifle ammunition capable of being used in a handgun that under existing law may not have otherwise been applicable. The expanded definition will likely result in additional non-reimbursable local costs for enforcement of additional ammunition subject to misdemeanor violations associated with the sale, delivery, or transfer of this type of ammunition. Increased workload on the part of handgun ammunition vendors will also be required to obtain and record purchaser identification for all such sales, and make that information available to law enforcement upon request. This bill may also result in decreased sales tax revenue to the degree ammunition sales may decrease as a result of the additional, time-consuming procedures required for consumers to purchase handgun ammunition now applicable under the provisions of this bill. Neighboring states do not have similar restrictions on ammunition purchases, and it is possible some consumers will purchase ammunition out of state, especially considering its virtually unlimited storage life. Statewide civilian ammunition sales (excluding sales to law enforcement) are estimated at approximately $120 million annually. It is unknown at this time the degree to which ammunition sales may decline due to out-of-state purchases, but for every one percent reduction in ammunition sales, a sales tax revenue loss of approximately $60,000 would result. Current law generally prohibits the possession and sale of armor-piercing ammunition. This bill would amend the current definition and make conforming changes to other references in statute to this type of ammunition. The existing definition SB 124 (De León) Page 4 reads "handgun ammunition designed primarily to penetrate metal or armor means any ammunition, except a shotgun shell or ammunition primarily designed for use in a rifle, that is designed primarily to penetrate a body vest or body shield," subject to specific characteristics, and would be amended to read as follows: "handgun ammunition designed to penetrate metal or armor means any ammunition, except a shotgun shell, that is designed to penetrate a body vest or body shield when discharged from a handgun," subject to specific characteristics. Although certain rifle ammunition may be capable of penetrating armor, this type of ammunition is not designed to penetrate a body vest or body shield when discharged from a handgun, but rather designed for use for hunting, competition, and other lawful purposes. As such, the amended definition does not appear to expand the scope of existing felonies under current law.