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
          
















































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          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.
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                            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
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          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.