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
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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.
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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
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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.
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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