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
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|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 |
| | | | |
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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
FN: 0000878