BILL ANALYSIS                                                                                                                                                                                                    



                                                                AB 48
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        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  









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          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.










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        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  









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          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  









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        this bill
        

        Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916) 319-3744 


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