BILL ANALYSIS Ó AB 48 Page 1 REPLACE : 09/11/2013 Changes per consultant. CONCURRENCE IN SENATE AMENDMENTS AB 48 (Skinner) As Amended September 6, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |46-26|(May 29, 2013) |SENATE: |22-14|(September 10, | | | | | | |2013) | ----------------------------------------------------------------- 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 AB 48 Page 2 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. AB 48 Page 3 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. AB 48 Page 4 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 AB 48 Page 5 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 Page 6