BILL ANALYSIS Ó Senate Appropriations Committee Fiscal Summary Senator Kevin de León, Chair AB 48 (Skinner) - Ammunition sales and large capacity magazines. Amended: August 12, 2013 Policy Vote: Public Safety 5-1 Urgency: No Mandate: Yes Hearing Date: August 12, 2013 Consultant: Jolie Onodera This bill may meet the criteria for referral to the Suspense File. Bill Summary: AB 48 would require the Department of Justice (DOJ) to notify law enforcement entities in the city and/or county in which a purchaser resides if a person obtains more than 6,000 rounds of ammunition within a seven-day period, with specified exceptions. In addition, this bill: Adds the purchase or receipt of any large capacity magazine to the existing ban on the importation, manufacture, or sale of such magazines. Violations would be an alternate felony/misdemeanor, punishable by imprisonment in county jail for up to one year for a misdemeanor, or for 16 months, two years, or three years in county jail (or state prison for persons with a prior serious or violent felony) for a felony. Commencing January 1, 2014, provides that any person who knowingly manufactures or causes to be manufactured, imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large capacity magazine conversion kit is guilty of a misdemeanor, punishable by a fine of up to $1,000, imprisonment in county jail for up to six months, or both. Provides that Section 1 of the bill (requirement for DOJ to notify law enforcement) becomes operative contingent upon the enactment and implementation of SB 53 (de León) of the 2013-14 Regular Session. Fiscal Impact: Due to the bill's contingent enactment on SB 53 (de León), DOJ costs of $0.2 million in FY 2013-14, $1.1 million in FY 2014-15, and $0.4 million in FY 2015-16 (Special Fund*) and annually thereafter to establish, maintain, and operate a database capable of notification upon the ammunition AB 48 (Skinner) Page 1 purchase limit as prescribed in this measure are currently covered under the costs of SB 53 as amended on June, 27, 2013. Staff notes that because the enacted version of SB 53 cannot be known with certainty at this time, to the extent SB 53 is amended to revise or remove the applicable provisions related to development of a database, the estimated costs could potentially be incurred by this bill. Non-reimbursable local enforcement and incarceration costs, offset to a degree by fine revenue. Minor, if any, fiscal impact on the state prison population as it is already a prison-eligible felony under PC § 29800(a)(1) for anyone with a prior felony conviction to purchase or receive any firearm or ammunition. Potential ongoing minor court-related costs (General Fund**) for new misdemeanor filings. While the impact of this bill independently on local jails is likely to be minor, the cumulative effect of new or expanded crimes impacting jail overcrowding could create General Fund cost pressure on capital outlay, staffing, programming, the courts, and other resources in the context of criminal justice realignment. *Dealers' Record of Sale (DROS) Special Account **Trial Court Trust Fund Background: Current law provides that, except as specified, any person who is prohibited from owning or possessing a firearm is also prohibited from owning or possessing ammunition. In addition, current law provides that supplying, selling, or delivering ammunition to someone that a person knows or should know is prohibited from owning or possessing ammunition is a misdemeanor punishable by up to one year in county jail. AB 962 (de León), Chapter 628/2009, created several requirements regarding handgun ammunition sales. These include requiring that handgun ammunition sellers obtain personal identification information from buyers and retain that information for inspection by law enforcement upon request and that all delivery of handgun ammunition take place in a face-to-face transaction (prohibiting direct sales over the internet). On January 31, 2011, a Superior Court in Fresno ruled that the definition of "handgun ammunition" contained in the statute was unconstitutionally vague, rendering invalid the provisions applicable to "handgun ammunition". As a result of this finding, the Court enjoined the State Attorney General from enforcing AB 48 (Skinner) Page 2 those statutes. (Parker v. State of California, et al., Fresno County Superior Court, Case No. 10 CECG 02116, Order Denying Plaintiff's Motion for Summary Judgment and Granting In Part and Denying In Part Defendant's Motion for Summary Adjudication, , pages 4, 11-17.) The case is currently before the 5th Appellate District in California. The federal assault weapons law (the Violent Crime Control and Law Enforcement Act, Public Law 103-322) which became effective in September 1994, banned the possession of both assault weapons and large capacity ammunition feeding devices (defined as a magazine capable of holding more than 10 rounds), but included a grandfathering provision for current owners at the time. The law expired in 2004 and has not been reenacted. The 1989 Roberti-Roos Assault Weapons Control Act (AWCA) was amended by SB 23 (Perata) Chapter 129/1999 to expand the definition of an assault weapon to include a definition based on its generic characteristics in addition to one of several specified features. SB 23 also made it an alternate felony/misdemeanor to import, manufacture, or sell large-capacity ammunition magazines, however, the purchase, receipt, or possession of large capacity magazines was not similarly prohibited. This bill would add buying or receiving a large-capacity magazine to the existing ban on the importation, manufacture, or sale of these magazines for purposes of California's assault weapons laws. In addition, this bill would make it a misdemeanor 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. Proposed Law: This bill would require the DOJ to notify law enforcement entities in the city and/or county in which a purchaser resides if a person who is not an ammunition vendor obtains more than 6,000 rounds of ammunition within a seven-day period. Notification would not be required for the following: Authorized law enforcement representatives of a city, county, city and county, or state or federal government, if the sale is for the exclusive use of the government agency, and prior written authorization has been obtained, as specified. AB 48 (Skinner) Page 3 A sworn peace officer, as defined, who is authorized to carry a firearm in the course and scope of his or her duties. In addition, this bill: Adds the purchase or receipt of any large capacity magazine to the existing ban on the importation, manufacture, or sale of such magazines. Violations would be an alternate felony/misdemeanor, punishable by imprisonment in county jail for up to one year or 16 months, two years, or three years in county jail or state prison (if convicted of a prior serious or violent felony). Commencing January 1, 2014, provides that any person who knowingly manufactures or causes to be manufactured imports into the state, keeps for sale, or offers or exposes for sale, or who gives, lends, buys, or receives any large capacity magazine conversion kit, as defined, is guilty of a misdemeanor, punishable by a fine of up to $1,000, imprisonment in county jail for up to six months, or both. Defines "large capacity magazine conversion kit" as a device or combination of parts of a fully functioning large-capacity magazine, including, but not limited to, the body, spring, follower, and floor plate or end plate, capable of converting an ammunition feeding device into a large-capacity magazine. Provides that Section 1 of the bill (DOJ notification to law enforcement) becomes operative contingent upon the enactment and implementation of SB 53 (de León) of the 2013-14 Regular Session. Related Legislation: SB 53 (de León) 2013 would require the sale, purchase, and transfer of ammunition to be subject to additional regulations, as specified. Among other provisions, this bill would require the Attorney General to maintain copies of ammunition purchase permits, ammunition transaction information, and ammunition vendor licenses. This bill is pending hearing in the Assembly Committee on Appropriations. SB 396 (Hancock) 2013 would ban the possession of large-capacity ammunition magazines capable of holding more than 10 rounds, and would require the disposal of any large-capacity magazine, as defined, in specified ways. This bill is pending hearing in the Assembly Committee on Public Safety. AB 48 (Skinner) Page 4 Prior Legislation: SB 427 (de León) 2011 made clarifying changes to AB 962 (de León) regarding handgun ammunition vendors. This bill was vetoed by the Governor with the following message: This measure would amend a 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 962 (de León) Chapter 482/2009 specified, that effective February 1, 2011, (1) the delivery or transfer of ownership of handgun ammunition may occur only via a face-to-face transaction, with evidence of identity from the purchaser or transferee, (2) a handgun ammunition vendor may not sell or transfer ammunition without recording specified information at the time of purchase, and, (3) prohibited supplying handgun ammunition to prohibited persons, by persons or others who know, or by using reasonable care should know, that the recipient is a person prohibited from possessing ammunition or a minor prohibited from possessing ammunition, as specified. Staff Comments: Due to the bill's contingent enactment on SB 53 (de León), DOJ costs of $0.2 million in FY 2013-14, $1.1 million in FY 2014-15, and $0.4 million in FY 2015-16 (Special Fund*) and annually thereafter to establish, maintain, and operate a database capable of notification upon the ammunition purchase limit as prescribed in this measure are currently covered under the requirements of SB 53 as amended on June, 27, 2013. Staff notes that because the enacted version of SB 53 cannot be known with certainty at this time, to the extent that SB 53 is amended to revise or remove the applicable provisions related to development of the database, the estimated costs could potentially be incurred by this bill. The DOJ has indicated that if SB 53 is enacted as currently amended, any additional costs to modify the database to meet the notification requirements of this measure would be minor. By expanding the wobbler crime of manufacturing, importing, keeping for sale, giving or lending a large-capacity magazine to include the purchase or receipt of those magazines, the provisions of this bill could result in additional non-reimbursable local enforcement and incarceration costs AB 48 (Skinner) Page 5 offset to a degree by fine revenue. While the felony offense is punishable by imprisonment for 16 months, two or three years in county jail, or state prison for persons with a prior conviction for a serious or violent felony, because it is already a prison-eligible felony under PC § 29800(a)(1) for anyone with a prior felony conviction to purchase or receive any firearm or ammunition, this provision is not estimated to have a significant fiscal impact on the state prison population. By creating a new misdemeanor for the manufacture, import, sale, purchase, or receipt of a large capacity magazine conversion kit, as defined, the provisions of this bill could result in additional non-reimbursable local enforcement and incarceration costs offset to a degree by increased fine revenue. The creation of new misdemeanors has historically been analyzed by this committee to result in non-reimbursable state mandated costs for local law enforcement and incarceration. Staff notes, however, that the creation of new or expanded crimes impacting local jails taken cumulatively could increase the statewide adult jail population to a degree that could potentially impact the flexibility of counties to manage their jail populations recently exacerbated under 2011 Public Safety Realignment. While the impact of the provisions of this bill are likely to be minor, the cumulative effect of all new and expanded crimes could create unknown General Fund cost pressure on capital outlay, staffing, programming, the courts, and other resources. To the extent the provisions of this bill serve to reduce the incidence of firearms-related injuries and death, potential future cost savings could be substantial. A study by the non-profit Pacific Institute for Research and Evaluation (PIRE) reported over 105,000 incidences of firearm injury and death in 2010 nationally, with an estimated societal cost of over $174 billion in work lost, medical care, insurance, criminal justice expenses, and pain and suffering. At a unit level, the study reported a governmental cost of $187,000 to $582,000 per firearm fatality in medical and mental health care, emergency services, and administrative and criminal justice costs. The estimated societal cost per firearm injury or fatality, including lost work productivity and quality of life was reported at nearly $430,000 to $5 million, respectively. AB 48 (Skinner) Page 6