BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  SB 124
                                                                  Page  1

          Date of Hearing:   August 17, 2011

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                Felipe Fuentes, Chair

                   SB 124 (De Leon) - As Amended:  April 25, 2011 

          Policy Committee:                             Public 
          SafetyVote:5-2

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

           SUMMARY  

          This bill recasts and clarifies the definition of handgun 
          ammunition and armor-penetrating ammunition. Specifically, this 
          bill:   

          1)Recasts several statutes that refer to "ammunition designed 
            primarily to penetrate metal or armor" by deleting the word 
            "primarily."  


          2)Modifies the definition of "handgun ammunition designed 
            primarily to penetrate metal or armor" to "any ammunition, 
            except a shotgun shell, that is designed to penetrate a body 
            vest or body shield when discharged from a handgun," with 
            specified characteristics. 


          3)Amends the definition of "handgun ammunition" from ammunition 
            "principally for use" in handguns to ammunition "capable of 
            being used."  


           FISCAL EFFECT  

          1)Minor annual GF state incarceration costs, if any, to the 
            extent the clarified definition of ammunition results in 
            additional felony convictions for the use of armor-penetrating 
            ammunition. 

          2)Minor annual nonreimbursable local law enforcement and 
            incarceration costs to the extent the clarified definition of 








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            ammunition results in additional misdemeanor investigations 
            and convictions for sale or possession of armor-penetrating 
            ammunition.  

          3)State GF litigation savings, potentially in the hundreds of 
            thousands of dollars, to the extent this bill sufficiently 
            clarifies the definition of handgun ammunition, thereby 
            expediting the state's appeal of Parker v State of California, 
            which ruled the definition of handgun ammunition in AB 962 (De 
            Leon), Statutes of 2009 was vague.  

          4)One-time GF costs in the range of $200,000 to place Section 1 
            of this bill on the next statewide ballot, based on a cost of 
            about $55,000 per page for description and argument. (Section 
            1, which strikes the word primarily from "ammunition designed 
            to primarily penetrate metal or armor," amends Proposition 115 
            (2007), which defines first-degree murder, including the use 
            of armor-penetrating ammunition.)

           
          COMMENTS  

           1)Rationale  . The author's intent is to address potential 
            challenges to the existing armor-penetrating - so-called 
            cop-killer - bullet ban by eliminating the subjective 
            vagueness of definitional terms such as principally and 
            primarily. 

            The author notes that a recent court decision (Parker v State 
            of California, see below) relating to his AB 962 could also be 
            used to attack the armor-penetrating bullet ban. 
             
             According to the author, "SB 124 is the cop-killer bullet ban 
            protection act which I introduced in response to a recent 
            court ruling that called into question the definition of 
            handgun ammunition and by extension, cop killer bullets. 

            "SB 124 simply clarifies the definition of cop-killer bullets 
            to include bullets that are DESIGNED to penetrate body armor 
            when fired from a handgun.  This clarification is designed to 
            preempt future litigation on this matter and keep cop-killer 
            bullets illegal in the state of California."


           2)AB 962 and the Ruling in Parker v. State of California, et al.  








                                                                  SB 124
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            AB 962 (De Leon), Statutes of 2009, specifies, effective 
            February 1, 2011, (a) the delivery or transfer of ownership of 
            handgun ammunition may occur only via a face-to-face 
            transaction, with evidence of identity from the purchaser or 
            transferee; (b) a handgun ammunition vendor may not sell or 
            transfer ammunition without recording specified information at 
            the time of purchase; and (c) prohibits supplying handgun 
            ammunition to prohibited persons, by persons or others who 
            know, or by using reasonable care should know, that the 
            recipient is a person prohibited from possessing ammunition or 
            a minor prohibited from possessing ammunition, as specified.   


             On January 31, 2011, a Superior Court in Fresno ruled the 
            definition of handgun ammunition contained in AB 962 was 
            unconstitutionally vague, rendering invalid specified 
            provisions of the chaptered bill. According to the court:


            "Because the language of the definition of 'handgun 
            ammunition' fundamentally requires each law enforcement 
            officer to make a subjective determination as to whether or 
            not the ammunition at issue is ammunition 'principally for 
            use' in a handgun and then subjectively apply their own 
            definition to the situation before them, the definition of 
            'handgun ammunition' established in section 12060(b) and 
            12318(b)(2) gives unlimited discretion to each individual law 
            enforcement officer to determine arbitrarily if the ammunition 
            at issue is 'handgun ammunition' and to apply their particular 
            classification of 'handgun ammunition' or not to the specific 
            issue before them."  


            As a result of this ruling, the Court enjoined the Attorney 
            General from enforcing those sections. The state is appealing 
            the decision. 

           3)Related Legislation  .  

            SB 427 (De Leon), redefines "handgun ammunition" as any 
            variety of ammunition in specified calibers, notwithstanding 
            that the ammunition may be used in some rifles; provides that, 
            commencing February 1, 2012, an ammunition vendor shall not 
            provide ammunition purchaser information to any third party 
            without written consent of the purchaser; and require any 








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            records no longer required to be maintained be destroyed in a 
            manner that protects the purchaser. SB 427 is pending on the 
            Assembly Floor.  

            (SB 427 creates and carves out a definition of handgun 
            ammunition specific to AB 962 by listing 12 specified 
            calibers, thus it is not in conflict with the definitions 
            proposed in SB 124.)


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