BILL ANALYSIS Ó AB 48 Page 1 Date of Hearing: May 15, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair AB 48 (Skinner) - As Amended: May 7, 2013 Policy Committee: Public SafetyVote: 5-2 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill establishes a method for tracking the sale and transfer of ammunition in California and prohibits sale or possession of high capacity magazine conversion kits. FISCAL EFFECT Significant ongoing special fund fee-based costs, in the range of $1.2 million in 2014-15, decreasing to about $600,000 thereafter (Dealer Record of Sale (DROS) Account) for hardware, software, programming and staffing. Costs include enhancement to several existing databases in the California Justice Information System - including the Centralized List, APPS, and the Consolidated Firearms Information System. In addition, this bill would require a new database for APPS and ammunition sales, including an encrypted notification system for local law enforcement. SUMMARY CONTINUED Specifically, this bill: 1)Creates a state ammunition licensing structure whereby anyone in the state, prior to selling or otherwise furnishing ammunition, must be an ammunition vendor, defined as a person recorded on the Department of Justice (DOJ) centralized list of ammunition vendors, established by this bill. To become an ammunition vendor, a person requests a license from DOJ to be an ammunition vendor. A person is eligible to AB 48 Page 2 be a vendor if DOJ records show the individual is not prohibited by state or federal law from possessing a gun. 2)Requires DOJ to create and maintain a centralized list of ammunition vendors, similar to the centralized list of gun dealers. 3)Authorizes DOJ to impose a fee to cover the costs of the vendor license program and creates the Ammunition Vendor Fund for this purpose. 4)Requires buyers of any ammunition - not just handgun ammunition - to provide photographic identification; requires all ammunitions sales to be reported to DOJ; and requires DOJ to alert local law enforcement entities if an individual purchaser, who is not an ammunition vendor or a peace officer, obtains more than 3,000 rounds within a 5-day period. A violation of these provisions is a misdemeanor. A repeat violation is an alternate felony/misdemeanor. Violation also subjects a vendor to removal from the centralized list of ammunition vendors. 5)Requires DOJ to create a California Ammunition Database by January 1, 2016, by requiring ammunition vendors to collect each ammunition purchaser's name, date of birth, address, and number of rounds of ammunition sold or furnished, and report this information electronically to DOJ. Failure to so report subjects a vendor to revocation or suspension of the vendor's license. A fee would be charged to dealers to cover the costs of the database. 6)Requires DOJ to cross-reference the transmitted information with the Armed Prohibited Persons File (APPS) system, and if an ammunition purchaser's name appears in APPS, to forward that name to local law enforcement. DOJ is authorized to charge a fee on ammunition dealers to cover the cost of the ammunition database. 7)Creates a misdemeanor, punishable by a fine of not more than $1,000 and/or up to six months in county jail, to manufacture, import, keep for sale, offer for sale, give, lend, buy or receive any device or combination of parts capable of converting an ammunition feeding device into a large-capacity magazine. AB 48 Page 3 8)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 that has not been permanently altered to hold less than 10 rounds. COMMENTS 1)Rationale . The author wishes to facilitate the enforcement of current ammunition restrictions by creating a structure to enforce current law and track ammunition sales. In addition, the author intends to prohibit the sale and/or receipt of components capable of converting a legal ammunition magazine that holds up to 10 rounds, into a magazine that holds more than 10 rounds, which is illegal in California to manufacture or sell. 2)Current Law. a) Provides a handgun ammunition vendor may not sell or transfer handgun ammunition without recording the following information on a form prescribed by DOJ: i) Date of transaction. ii) Purchaser's identification, birthdate, address, thumbprint, phone number, signature. iii) Brand, type, and amount of ammunition b) Requires the sale or transfer of handgun ammunition to occur face-to-face. c) Prohibits the manufacture, import, possession for sale, or loan of any ammunition magazine with a capacity greater than 10 rounds. d) Provides that no person prohibited from owning or possessing a gun may possess ammunition. Violation is an alternate felony/misdemeanor. 3)The current status of ammunition record-keeping and tracking is somewhat hazy as it is the subject of a legal challenge and a stay in Parker v. California. The case is currently before the 5th Appellate District in California. Opponents of AB 48 cite a recent veto message regarding AB 427 (de Leon, 2011) in which Governor Brown stated "This measure would amend a AB 48 Page 4 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." AB 48 makes the recording and reporting requirements regarding ammunition applicable to all forms of ammunition, while AB 962 (De Leon), Statutes of 2009, requires record-keeping for handgun ammunition only. AB 48 proponents contend the expansion to all forms of ammunition will render current litigation regarding AB 962 moot. 4)Supporters include The CA Nurses Association, the CA Chapter of the American College of Emergency Physicians, and the Law Center to Prevent Gun Violence. According to the CA Chapters of the Brady Campaign, "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." 5)Opponents include gun-related groups such as The CA Rifle and Pistol Association, the National Rifle Association, and the Outdoor Sportsmen's Coalition of California. The San Diego County Wildlife Federation states, "Of particular concern is the impact of AB 48 on youth participating in shooting sports. Current law prohibits selling ammunition to anyone under the age of 18. AB 48 would prevent anyone from providing ammunition to youth (even under supervision) without onerous permitting and reporting requirements." 6)Related Legislation . a) SB 53 (De Leon), pending in Senate Appropriations, requires DOJ to maintain copies of ammunition purchase permits, ammunition transactions, and ammunition vendor licenses. Also requires cross-referencing APPS system. Extends existing record keeping provisions applicable to handgun ammunition to all ammunition. SB 53 authorizes the DOJ to issue ammunition vendor licenses, as specified. AB 48 Page 5 b) SB 427 (De Leon), 2011, provided that an ammunition vendor may 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. c) AB 962 (De Leon), Statutes of 2009, required specified information from an ammunition purchaser and requires the information be available for inspection by law enforcement. Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081