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 SB 124 Page 2 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 Page 3 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 SB 124 Page 4 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