BILL ANALYSIS Ó AB 48 Page 1 ASSEMBLY THIRD READING AB 48 (Skinner) As Amended May 24, 2013 Majority vote PUBLIC SAFETY 5-2 APPROPRIATIONS 11-2 ----------------------------------------------------------------- |Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, | | |Mitchell Quirk, Skinner | |Bradford, | | | | |Ian Calderon, Campos, | | | | |Gomez, Hall, Ammiano, | | | | |Pan, Quirk, Weber | | | | | | |-----+--------------------------+-----+--------------------------| |Nays:|Melendez, Waldron |Nays:|Donnelly, Eggman | | | | | | ----------------------------------------------------------------- SUMMARY : Increases the period of time that a person is prohibited from possessing a firearm based on a mental illness or mental disorder or a serious threat of violence communicated to a licensed psychotherapist. 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 six 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 disassembled large-capacity magazine that is readily restorable, as defined, to accommodate more than 10 rounds of ammunition, and an oversize magazine body that appears to hold in excess of 10 rounds but has not been permanently altered to only accommodate 10 rounds of ammunition or less. 3)Increases from six months to five years the period of time a person is prohibited from possessing or owning a firearm based on his or her communication with a licensed psychotherapist, on or AB 48 Page 2 after January 1, 2014, of a threat of physical violence against a reasonably identifiable victim or victims. 4)States that the people shall bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner, and if the court finds that the people have not met their burden, the court shall order that the person shall not be subject to the five-year prohibition and submit a copy of the order to the Department of Justice (DOJ). 5)Provides, upon receipt of the order, DOJ shall delete any reference to the prohibition against firearms from the person's state mental health firearms prohibition system information. 6)Specifies where the district attorney declines or fails to go forward in a hearing to restore ownership and possession of firearms, the court shall order that the person shall not be subject to the five-year prohibition and a copy of the order shall be submitted to the DOJ. 7)States upon receipt of the order, DOJ shall, within 15 days, delete any reference to the prohibition against firearms from the person's state mental health firearms prohibition system information. 8)Clarifies that nothing in this bill shall prohibit the use of reports filed to determine the eligibility of persons to own, possess, control, receive, or purchase a firearm if the person is the subject of a criminal investigation, a part of which involves the ownership, possession, control, receipt, or purchase of a firearm. 9)Requires the court to immediately notify DOJ whenever the court has issued a certificate stating that a person, adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, may now possess a firearm or any other deadly weapon without endangering others. 10)Defines "immediately" as a period of time not exceeding 24 hours. AB 48 Page 3 11)Requires any notice or report required to be submitted to DOJ to be submitted in an electronic format, in a manner prescribed by DOJ. 12)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 3,000 rounds within a five-day period. EXISTING LAW : 1)Provides a vendor of handgun ammunition shall not sell or transfer handgun ammunition without at the time of purchase legibly recording the specified information on a form prescribed by the Department of Justice (DOJ). 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. 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. 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. 5)Provides that "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..." 6)Prohibits the manufacture, import, keep for sale, offer to expose for sale, or give or lend any ammunition magazine with a capacity AB 48 Page 4 greater than 10 rounds. FISCAL EFFECT : According to the Assembly Appropriations Committee, moderate one-time and ongoing special fund costs to DOJ, likely in excess of $150,000 in the first year, to update software for several automated tracking systems. Ongoing costs in the range of $100,000 (Dealer Record of Sale Account). COMMENTS : 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 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." Please see the policy committee analysis for a full discussion of AB 48 Page 5 this bill Analysis Prepared by : Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0000878