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 30, 2013                           
          Consultant: Jolie Onodera       
          
          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  
              purchase limit as prescribed in this measure are currently  








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              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  
          those statutes. (Parker v. State of California, et al., Fresno  








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          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.
              A sworn peace officer, as defined, who is authorized to  








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              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.

          Prior Legislation: SB 427 (de León) 2011 made clarifying changes  








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          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  
          offset to a degree by fine revenue. While the felony offense is  








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          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. 











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