BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 48
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           REPLACE  :  09/11/2013 Changes per consultant.

          CONCURRENCE IN SENATE AMENDMENTS
          AB 48 (Skinner)
          As Amended  September 6, 2013
          Majority vote
           
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          |ASSEMBLY:  |46-26|(May 29, 2013)  |SENATE: |22-14|(September 10, |
          |           |     |                |        |     |2013)          |
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           Original Committee Reference:    PUB. S.  
           
          SUMMARY  :  Makes it a misdemeanor to knowingly manufacture,  
          import, keep for sale, offer or expose for sale, give, or lend a  
          large-capacity-magazine conversion kit.  

           The Senate amendments  :

          1)Delete provisions redefining "large capacity magazine."

          2)Delete provisions relating to the possession of firearms by  
            persons who are prohibited as a result of mental illness.

          3)Double joint this bill with SB 396 (Hancock) of the current  
            legislative session.
           
          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 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  








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            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 greater than 10 rounds.  

           AS PASSED BY THE ASSEMBLY  , this bill:

          1)Created 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)Revised 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)Increased 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 after January 1, 2014, of a threat of physical violence  
            against a reasonably identifiable victim or victims.









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          4)Stated 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 DOJ.

          5)Provided, 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)Specified 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)Clarified 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)Required 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)Defined "immediately" as a period of time not exceeding 24  
            hours.

          11)Required any notice or report required to be submitted to DOJ  
            to be submitted in an electronic format, in a manner  
            prescribed by DOJ.









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          12)Required 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.
           
          FISCAL EFFECT  :  According to the Senate Appropriations  
          Committee:

          1)Due to this bill's contingent enactment on SB 53 (De León),  
            DOJ costs of $0.2 million in Fiscal Year (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 costs of SB 53 as amended on June, 27, 2013.  
             Senate Appropriations Committee 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.

          2)Non-reimbursable local enforcement and incarceration costs,  
            offset to a degree by fine revenue.

          3)Minor, if any, fiscal impact on the state prison population as  
            it is already a prison-eligible felony under Penal Code  
            Section 29800(a)(1) for anyone with a prior felony conviction  
            to purchase or receive any firearm or ammunition.

          4)Potential ongoing minor court-related costs (General Fund**)  
            for new misdemeanor filings. 

          5)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

           COMMENTS  :  According to the author, "Today in California, it's  
          easier to buy bullets than to buy alcohol, cigarettes or certain  








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          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 this bill
           

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


          FN: 0002678  








                                                                  AB 48
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