BILL ANALYSIS Ó
AB 48
Page 1
Date of Hearing: April 2, 2012
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 48 (Skinner) - As Amended: February 4, 2013
As Proposed to be Amended in Committee
SUMMARY : Creates reporting requirements and a method of
tracking the sale and transfer of ammunition in California.
Additionally expands provisions limiting large capacity
magazines. Specifically, this bill :
1)Creates a misdemeanor, punishable by a fine of not more than
$1,000 or imprisonment in a county jail not to exceed 6
months, or by both that fine and imprisonment, to knowingly
manufacture, import, keep for sale, offer or expose for sale,
or give or lend any device that is capable of converting an
ammunition feeding device into a large-capacity magazine.
2)Revises the definition of "large-capacity magazine" to mean
any ammunition feeding device with the capacity to accept more
than 10 rounds, including a readily restorable, as defined,
disassembled large-capacity magazine, and an oversize magazine
body that appears to hold in excess of 10 rounds.
3)Requires anyone in the state, prior to selling, transferring,
or otherwise furnishing ammunition to an individual or
business entity in this state or any other state to require
proper identification, as prescribed, to be an authorized
firearms dealer, and to report the sales to the Department of
Justice (DOJ).
4)Provides that an individual who fails to make the required
report or who knowingly makes a report with false or
fictitious information would be guilty of a misdemeanor, as
specified. This bill would exempt an individual in the state
who sells, transfers, or furnishes ammunition to certain
specified law enforcement individuals from those
identification and reporting requirements. By creating a new
crime, this bill would impose a state-mandated local program.
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5)Requires DOJ to alert local law enforcement entities in the
community in which the purchaser resides if an individual
purchaser who is not a peace officer obtains more than 3000
rounds within a 5-day period.
6)Creates an ammunition licensing scheme for the selling of
ammunition in the State of California.
a) Specifies that a person may request an ammunition
license from the Department of Justice (DOJ).
b) Provides that the DOJ shall conduct a background check
to determine if the applicant is prohibited by state or
federal law from possessing, receiving, owning, or
purchasing a firearm.
c) Provides that the DOJ shall issue a license to sell
ammunition if the applicant is not a person prohibited by
state or federal law from possessing a firearm.
7)Creates a California Ammunition Database.
a) Provides that ammunition dealers must collect each
ammunition purchaser's name, date of birth, address, and
number of rounds of ammunition sold, transferred, or
furnished and requires that they report that information
electronically to DOJ.
b) Requires that the DOJ cross reference the transmitted
information with the Armed Prohibited Persons File (APPS)
system.
c) Specifies that the DOJ shall store the information in a
specified location and make the information readily
available to ammunition dealers and law enforcement in an
electronic format.
d) Requires that ammunition dealers check the ammunition
purchaser's information against the California Ammunition
Database prior to the sale or transfer of any ammunition.
e) Becomes operable on or before January 1, 2016.
EXISTING LAW :
AB 48
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1)Provides 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. [Penal
Code Section 12061(a)(3).]
2)Requires 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. [Penal Code Section 12061(a)(4).]
3)Requires 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. [Penal Code Section 12061(a)(5).]
4)Provides the sale or transfer of 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. (Penal Code Section 12318.)
5)Provides that "it shall be unlawful for any licensed importer,
licensed manufacturer, licensed dealer, or licensed collector
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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 . . . . " [18 United States Code Service 922(b)(1).]
6)Prohibits the manufacture, import, keep for sale, offer to
expose for sale, or give or lend any ammunition magazine with
a capacity greater than 10 rounds. (Penal Code Section
32310.)
7)Provides that no person prohibited from owning or possessing a
firearm under specified provisions of law shall have under his
or her custody or control any ammunition or reloaded
ammunition and violation of this provision is an alternate
felony/misdemeanor. [Penal Code Section 12316(b)(1).]
8)Defines "ammunition" to include, but not be limited to, any
bullet, cartridge, magazine, clip, speed loader, autoloader,
or projectile capable of being fired from a firearm with a
deadly consequence. [Penal Code Section 12316(b).]
9)Provides that for the purposes of provisions relating to the
sale or possession of ammunition, "ammunition" includes, but
is not limited to, any bullet, cartridge, magazine, clip,
speed loader, autoloader, or projectile capable of being fired
from a firearm with a deadly consequence. [Penal Code Section
12316(b)(2).]
10)Provides that proof that a person, corporation, or dealer, or
his or her agent or employee, demanded, was shown, and acted
in reasonable reliance upon, bona fide evidence of majority
and identity shall be a defense to any criminal prosecution
under this law. [Penal Code Section 12316(a)(2).]
11)Defines "bona fide evidence of majority and identity" as a
document issued by a federal, state, county, or municipal
government, or agency thereof, including, but not limited to,
a motor vehicle operator's license, California state
identification card, identification card issued to a member of
the armed forces, or other form of identification that bears
the name, date of birth, description, and picture of the
person. [Penal Code Section 12316(a)(2).]
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12)Defines relevant federal law as: "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 . . . . " [18 United States Code Service
922(b)(1).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "Today in
California, it's easier to buy bullets than to buy alcohol,
cigarettes or certain cold medicines. Sales of some cold
medicines are reported to the Department of Justice but not
ammunition sales. We expect to show ID to buy alcohol or
tobacco, but there is no such requirement for bullets.
Bullets, the very thing that makes a gun deadly, should not be
easier to buy than alcohol or cigarettes.
"Existing law prohibits individuals convicted of a felony, a
violent misdemeanor, or those with mental health issues from
purchasing or possessing ammunition. Additionally, current
state law does not require tracking of ammunition sales. The
few restrictions California does have are difficult to enforce
because ammunition sellers do not have to check ID's or keep
records of sales.
"Furthermore, our state may have one of the nation's toughest
gun laws, but laws regulating ammunition are almost absent in
California.
"AB 48 will require anyone selling or transferring ammunition
to an individual in California to require the buyer's
identification, to be an authorized firearms dealer, to report
the sales to the Department of Justice, and inform local law
enforcement when someone buys a large quantity of ammunition
over a short time period.
"Additionally, this bill makes it illegal for gun owners to
AB 48
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purchase parts that allow them to convert their guns into an
assault style weapon that can fire more than 10 rounds of
bullets without reloading. Currently, it is illegal in
California to possess an ammunition feeding device that can
hold more than 10 rounds of bullets. Unfortunately, some
individuals are obtaining parts that allow them to assemble an
ammunition cartridge that can hold as many as 30 rounds; AB 48
will close this loophole."
2)Extension of Existing Record Keeping Laws to Include a
Reporting Requirement : Under existing California law,
ammunition vendors must:
a) Store handgun ammunition so that it is inaccessible to a
purchaser without the assistance of the vendor;
b) Require delivery or transfer of handgun ammunition to be
completed in face-to-face transactions; and
c) Record identifying information, including the name,
thumbprint and signature of a purchaser of handgun
ammunition, in addition to information about the type and
amount of ammunition purchased or transferred. These
records must be maintained by the vendor for at least five
years and must be made available to law enforcement for
investigative purposes.
This bill would additionally require that recorded ammunition
sales information by ammunition vendors be reported to DOJ.
Additionally, this bill expands the record keeping and
reporting requirements to all forms of ammunition, not
limiting them to handgun ammunition.
The reporting to the Department of Justice would arguably
permit the DOJ to cross reference the list of those who have
purchased ammunition with the APPS (Armed Prohibited Persons
System) database. The presumption is that persons who are
purchasing ammunition, might also be in possession of an
unregistered and illegal weapon.
Currently the status of the record keeping requirements is
unclear as it is the subject of a legal challenge in Parker v.
California. The case is currently before the 5th Appellate
District in California, Case No. F062490. Opponents of this
legislation point to a recent veto message in AB 427 (De Leon)
AB 48
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of the 2011-12 Legislative Session in which Governor Brown
stated "This measure would amend a recently enacted law
concerning the sale and purchase of handgun ammunition. That
law is currently being litigated. Let's keep our powder dry on
amendments until the court case runs its course."
3)Expansion of Record Keeping Requirements to All Ammunition :
This bill makes the recording and reporting requirements for
the sale of ammunition applicable to all forms of ammunition.
AB 962 (De Leon), Chapter 628, Statutes of 2009 only required
the record keeping of handgun ammunition. Proponents of this
legislation believe that the expansion to all forms of
ammunition will make the current litigation before the 5th
Appellate District of California, challenging AB 962 moot.
(Parker v. California, Case No. F062490.)
4)Reporting of Larger Purchases of Ammunition : Additionally,
this bill requires that the purchase of more than 3,000 rounds
of ammunition by an individual from a retailer must be
reported to DOJ.
5)Large Capacity Magazines : Current law prohibits the
manufacture, import, keep for sale, offer to expose for sale,
or give or lend any ammunition magazine with a capacity
greater than 10 rounds. (Penal Code Section 32310.)
California does not prohibit the possession of large capacity
magazines. Additionally, California exempts law enforcement
agencies, permit holders, and peace officers from the purchase
prohibitions on large capacity magazines. (Penal Code
Sections 32315, 32400-32450.) This bill expands the large
capacity magazine prohibitions to include those who knowingly
manufacture, import, keep for sale, offer to expose for sale,
or give or lend any device that is capable of converting an
ammunition feeding device into a large-capacity magazine.
6)Argument in Support : According to the California Chapters of
the Brady Campaign, "Current law provides that people who are
prohibited from purchasing and possessing firearms are also
prohibited from possessing ammunition. At the present time,
there is no way to enforce this law because the state does not
know who sells or buys ammunition. Furthermore, a loophole in
the law does not prohibit individuals or businesses from
selling or transferring ammunition to an individual that is
prohibited from possessing ammunition. In 2009, then Assembly
Member De Leon attempted to address this situation with AB
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962.
"Assembly Bill 962 required ammunition vendors to: 1) store
handgun ammunition so that it is inaccessible to a purchaser
without the assistance of the vendor, 2) require delivery or
transfer of handgun ammunition to be completed in face-to-face
transactions and 3) record identifying information, including
the name, thumbprint and signature of a purchaser of handgun
ammunition, in addition to information about the type and
amount of ammunition purchased or transferred. These records
would be maintained by the vendor for at least five years and
must be made available to law enforcement for investigative
purposes. Governor Schwarzenegger signed AB 962 into law, but
its implementation has been stayed due to a court challenge.
"Assembly Bill 48 improves upon AB 962 in several respects.
First, this bill would limit the ammunition sales to only
those individuals who are already licensed firearm dealers, so
that it is known who is selling ammunition. Second, this bill
applies to all ammunition, thereby eliminating the basis for
the legal challenge to AB 962. Third, this bill would require
the reporting of ammunition purchases to the Department of
Justice (DOJ) by a means established by the DOJ. Finally,
this bill would require the reporting of large quantities of
ammunition purchased by individuals within a short period of
time to local law enforcement and for potential investigation
by DOJ.
"The requirement to report sales data to the DOJ is of great
importance. The Bureau of Firearms would be able to cross
reference this information with its database of prohibited
persons and determine when prohibited persons are buying
ammunition. The reasonable presumption would be that these
persons are in possession of an illegal gun, regardless of
whether there is a record of such a gun. These people would
be placed on the list of Armed Prohibited Persons (APPS) and
disarmed through the existing APPS program.
"Finally, AB 48 addresses a loophole in existing law relating
to large capacity magazines. Currently, it is illegal to
manufacture, import, keep for sale, offer to expose for sale,
or give or lend any ammunition magazine with a capacity
greater than 10 rounds. However, disassembled magazines are
available which may be readily assembled into a fully
functional large capacity magazine. This bill would make it a
AB 48
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crime to knowingly manufacture, import, keep for sale, offer
to expose for sale, or give or lend any device that is capable
of converting an ammunition feeding device into a
large-capacity magazine. Large capacity magazines are the
instrument of choice for people engaged in rampage shootings
and criminal activity. It was a large capacity magazine that
took our daughter's life in 2001."
7)Argument in Opposition : According to the National Rifle
Association , "The ammunition sales and registration
requirements of Assembly Bill 48 duplicate and are in conflict
with Senate Bill 53 (De Leon), which seeks to require
registration and thumb printing of all ammunition purchases in
the state.
"In 2011, Governor Brown stated in vetoing a recent ammunition
sales registration bill, that no additional ammunition
registration bills should be enacted prior to the resolution
of Parker v. California, which has enjoined the enforcement of
the current California law to register ammunition sales. This
case is still pending before the fifth District of the
California Court of Appeals.
"The reporting of ammunition sales has already been tried, and
failed, at the federal level. In 1986, the director of the
Bureau of Alcohol, Tobacco and Firearms supported eliminating
the reporting requirement, stating: 'The Bureau and the
[Treasury] Department have recognized that current
recordkeeping requirements for ammunition have no substantial
law enforcement value.' As a result, the firearms Owners
Protection Act of 1986 repealed the ammunition restrictions,
with little opposition to the removal of that provision.
"The provisions of AB 48 that attempt to criminalize the
manufacture and sale of devices 'capable of converting an
ammunition feeding device into large-capacity magazines'
conflicts with the due process provisions of the United States
and California constitutions. These provisions require laws
to have 'a reasonable degree of certainty in legislation,
especially in the criminal law?To pass constitutional muster,
a law must define the offense with sufficient definiteness
that ordinary people can understand what conduct is
prohibited.' (Kolender v. Lawson, 461 U.S. 352, 357 (1983).)
(emphasis added.)"
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8)Related Legislation : SB 53 (De Leon) requires that the
Attorney General maintain copies of ammunition purchase
permits, ammunition transactions, and ammunition vendor
licenses. Additionally requires that the APPS system address
persons prohibited from acquiring ammunition and cross
reference those persons with records of ammunition
transactions. Extends existing record keeping provisions
applicable to handgun ammunition to all ammunition. SB 53
authorizes the DOJ to issue ammunition vendor licenses as
specified. SB 53 is currently in the Senate Public Safety
committee.
9)Prior Legislation :
a) SB 427 (De Leon), 2011-12 Legislative Session, would
have provided that, commencing February 1, 2012, an
ammunition vendor shall not provide ammunition purchaser
information to any third party without the written consent
of the purchaser, and requires that any records no longer
required to be maintained be destroyed in a manner that
protects the purchaser who is the subject of the record.
SB 427 was vetoed.
b) AB 962 (De Leon), Chapter 628, required, commencing
February 1, 2011, obtain a thumbprint and other specified
information from an ammunition purchaser and requires that
the above information be available for inspection by law
enforcement.
c) AB 2358 (De Leon), of the 2009-10 Legislative Session,
was similar to this bill in that AB 2358 prohibited
ammunition vendors from providing ammunition purchaser
information to any third party without the consent of the
purchaser. AB 2358 failed passage on the Senate Floor.
REGISTERED SUPPORT / OPPOSITION :
Support
Berkeley City Council
California Chapter of the American College of Emergency
Physicians
California Chapters of the Brady Campaign
California Nurses Association
City of El Cerrito
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City of Sacramento
Law Center to Prevent Gun Violence
Santa Cruz Committee Against Gun Violence
West Contra Costa Unified School District
Opposition
California Association of Federal Firearms Licensees
California Rifle and Pistol Association
California Sportsman's Lobby Crossroads of the West Gun Shows
California Waterfowl Association
National Rifle Association of America
Outdoor Sportsmen's Coalition of California
Safari Club International
151 private individuals
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744