BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair S
2013-2014 Regular Session B
5
3
SB 53 (De León)
As Amended April 1, 2013
Hearing date: April 16, 2013
Penal Code
SM:mc
AMMUNITION
HISTORY
Source: Author
Prior Legislation: SB 427 (De León) - vetoed, 2011-2012
AB 2358 (De León) - failed passage on Senate Floor,
2010
AB 1663 (Hagman) - failed passage in Assembly
Public Safety, 2010
AB 962 (De León) - Ch. 628, Statutes of 2009
AB 2062 (De León) - held in Senate Appropriations
Committee, 2008
AB 362 (De León) - held in Senate Appropriations
Committee, 2007
AB 996 (Ridley-Thomas) - vetoed, 2006
AB 352 (Koretz) -died in conference, 2006
AB 2714 (Torrico) - vetoed, 2005-06
SB 1152 (Scott) - vetoed, 2003-04
Support: California Chapters of the Brady Campaign to Prevent
Gun Violence; California Church Impact; California
Federation of Teachers; California Partnership to End
Domestic Violence; California Police Chiefs
Association, Inc.; City of Beverly Hills; Coalition
Against Gun Violence; Los Angeles Community College
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District; Los Angeles County Board of Supervisors; City
of Oakland; Youth Alive!; Moms Demand Action for Gun
Sense in America; CLUE California; Community Against
Gun Violence; Violence Prevention Coalition of Orange
County; Laguna Woods Democratic Club; PICO California;
Doctors for America; Law Center to Prevent Gun
Violence; Lutheran Office of Public Policy -
California; Courage Campaign; Bend the Arc: Jewish
Partnership for Justice; several letters from private
citizens
Opposition:California Association of Firearms Retailers;
California Right to Carry; California Sportsman's Lobby;
Crossroads of the West; National Shooting Sports
Foundation; Outdoor Sportsmen's Coalition of California;
Safari Club International; Tea Party United; National
Rifle Association of America; California Rifle and
Pistol Association; several letters and phone calls from
private citizens
KEY ISSUE
SHOULD THE SALE, TRANSFER, AND PURCHASE OF AMMUNITION BE FURTHER
REGULATED, AS SPECIFIED?
PURPOSE
The purpose of this bill is to (1) amend current law regarding
sales of handgun ammunition, as specified, to apply to all
ammunition; (2) require that anyone selling ammunition be
licensed by the Department of Justice (DOJ) in order to sell or
otherwise transfer ownership of ammunition; (3) require DOJ to
maintain records of all ammunition vendor licenses issued, all
ammunition purchase permits issued and all ammunition sales; (4)
require DOJ, commencing January 1, 2014, to use the Prohibited
Armed Persons File to cross-reference persons who acquire
ammunition to determine if those persons fall within a class of
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persons who are prohibited from owning or possessing ammunition;
(5) require ammunition vendors, beginning July 1, 2014, to
submit to DOJ information regarding the sale of ammunition,
including the buyer's identification, in a format and a manner
prescribed by DOJ for all sales or other transfers of ownership
of ammunition; (6) require that beginning July 1, 2017, and
except as specified, only those persons whom DOJ has issued an
ammunition purchaser's permit shall be permitted to purchase
ammunition; (7) require that, commencing July 1, 2017, the
vendor shall verify that the ammunition purchase permit is valid
by contacting the department for each ammunition transaction, in
a manner prescribed by DOJ, that DOJ conduct an instantaneous
background check to determine if the buyer is prohibited from
possessing ammunition and then approve or deny the transaction
on the basis of the background check; (8) require that DOJ
conduct background checks on applicants for ammunition purchase
permits and establish other requirements regarding these
permits, as specified; (9) establish procedures for DOJ to issue
ammunition vendor licenses, as specified; and (10) require the
Attorney General to prepare and submit to the Legislature on or
before January 1, 2016, a report concerning recommendations for
instituting instantaneous background checks that can be
conducted for all persons attempting to purchase ammunition, as
specified.
Current law prohibits possession of ammunition by a person under
18 years of age, except as specified. A violation is generally
punishable as a misdemeanor, but, if the minor has been found
guilty of violating certain enumerated offenses previously, a
violation may be punished as either a felony by 16 months, two
or three years in county jail, or as a misdemeanor by up to one
year in the county jail. (Penal Code §§ 29650, 29700.)
Current law provides that selling any ammunition to a person
under the age of 18, or selling ammunition designed and intended
for a handgun to a person under the age of 21 is a misdemeanor.
(Penal Code § 30300.)
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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. A violation
may be punished as either a felony by 16 months, two or three
years in state prison or as a misdemeanor by up to one year in
the county jail. (Penal Code § 30305(a).)
Current law provides that, except as specified, a person
enjoined from engaging in activity pursuant to an injunction
against that person as a member of a criminal street gang is
prohibited from owning or possessing ammunition. Violation of
this section is punishable as a misdemeanor. (Penal Code §
30305(b).)
Current law provides that supplying, selling, or delivering
ammunition to someone that a person knows or reasonably should
know is prohibited from owning or possessing ammunition is a
misdemeanor punishable by up to one year in the county jail.
(Penal Code § 30306.)
Current law provides that possession of ammunition on school
grounds without the written permission of the school district
superintendent is prohibited except for persons who have been
issued a license to carry a concealed weapon or in limited
situations involving law enforcement or military personnel.
Violation of this section is punishable as a misdemeanor.
(Penal Code
§ 30310.)
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Current law prohibits possession of any handgun ammunition
designed primarily to penetrate metal or armor. A violation is
punishable as either a felony by 16 months, two or three years
in county jail or as a misdemeanor by up to one year in the
county jail, unless the person found the ammunition and they are
not otherwise prohibited from possessing firearms or ammunition,
and they are transporting it to a law enforcement agency for
disposal. (Penal Code § 30315.)
Current law provides that manufacturing, importing, or selling
handgun ammunition designed primarily to penetrate metal or
armor is a felony, punishable by 16 months, two or three years
in state prison and a fine of up to $5,000, or both. (Penal
Code § 30320.)
Current law provides that, with limited exceptions, delivery or
transfer of ownership of handgun ammunition may only occur in a
face-to-face transaction with bona fide evidence of identity
from the purchaser. Violation of this section is punishable as
a misdemeanor. (Penal Code
§ 30312.)*
Current law provides that vendors of handgun ammunition must
comply with certain conditions, requirements and prohibitions,
with limited exceptions, including not selling or transferring
ownership of any handgun ammunition without, at the time of
delivery, legibly recording the following information. (Penal
Code § 30352.):*
the date of the sale or other transaction;
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the purchaser's/transferee's driver's license or ID
number and the state of issuance;
the brand, type, and amount of ammunition sold or
otherwise transferred.
the purchaser's/transferee's signature;
the name of the salesperson who processed the sale or
other transaction;
the right thumbprint of the purchaser or transferee on
the above form;
the purchaser's /transferee's full residential address
and telephone number; and
the purchaser's/transferee's date of birth.
Current law requires that handgun ammunition vendors must keep
these records for a period of not less than 5 years and must
make these records available to inspection by specified law
enforcement during normal business hours. (Penal Code §§ 30355,
30357.)*
Current law requires that handgun ammunition vendors shall not
knowingly make a false entry or fail to make an entry or obtain
the required thumbprint. (Penal Code § 30360.)*
Current law provides that violations of the above laws regarding
handgun ammunition vendors are punishable as a misdemeanor.
(Penal Code § 30365.)*
Current law defines "handgun ammunition" as "ammunition
principally for use in pistols, revolvers, and other firearms
capable of being concealed upon the person, notwithstanding that
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the ammunition may also be used in some rifles" and exempting,
as specified:
ammunition designed and intended to be used in an
antique firearm; and
blanks. (Penal Code § 16650.)*
* Enforcement of these sections is currently stayed per order of
the Fresno County Superior Court in Parker v. State of
California, No. 10 CECG 02116. That order is currently on
appeal.
This bill amends current law regarding sales of handgun
ammunition, as detailed above, to apply to all ammunition.
Ammunition Vendor Licenses
This bill defines "ammunition vendor" as "any person, firm,
corporation, dealer, or any other business enterprise that is
engaged in the retail sale of any ammunition, or that holds
itself out as engaged in the business of selling any
ammunition." Commencing July 1, 2014, "ammunition vendor" means
any person or entity described above who has a current
ammunition vendor license, as specified.
This bill would require, beginning July 1, 2014, all ammunition
vendors to be licensed by DOJ in order to sell or otherwise
transfer ownership of ammunition.
This bill would require DOJ to maintain records of all
ammunition vendor licenses issued, all ammunition purchase
permits issued and all ammunition sales, once those requirements
become effective.
This bill would require ammunition vendors, beginning July 1,
2014, to submit to DOJ the information regarding the sale of
ammunition, including the purchaser's identification information
in a format and a manner prescribed by DOJ for all sales or
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other transfers of ownership of ammunition.
This bill would require DOJ, commencing January 1, 2014, to use
the Prohibited Armed Persons File to cross-reference persons who
acquire ammunition to determine if those persons fall within a
class of persons who are prohibited from owning or possessing
ammunition.
This bill would require the sale or other transfer of ownership
of ammunition shall be conducted at the location specified in
the ammunition vendor license, with the exception of a "gun show
or event," as defined. Ammunition vendors at gun shows would be
required to comply with ammunition vendor requirements, as
specified.
This bill provides that a violation of ammunition vendor
requirements, as specified, would be a misdemeanor but these
provisions are cumulative and shall not be construed as
restricting the application of any other law.
This bill would establish the following with respect to
ammunition vendor licenses:
Commencing July 1, 2014, no ammunition vendor shall sell
or otherwise transfer ownership of ammunition unless the
vendor is licensed, as specified. A violation would be a
misdemeanor, punishable by up to six months in jail, a fine
of up to $1,000, or both.
DOJ is authorized to issue ammunition vendor licenses.
DOJ shall, beginning March 1, 2014, start accepting
applications for ammunition vendor licenses. The
department shall issue a license or deny the application
for a license within 30 days of receipt of the application.
If the application is denied, the department shall inform
the applicant of the reason for denial in writing.
The ammunition vendor license shall be issued in a form
prescribed by DOJ and shall be valid for a period of one
year. DOJ may adopt regulations to administer application
and enforcement provisions of this article.
DOJ may charge ammunition vendor license applicants a
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fee sufficient to reimburse the department for the
reasonable costs of administering the license program,
maintaining the registry of ammunition vendors, and
necessary enforcement, provided however, that the fee shall
not exceed $50.
The fees received by DOJ pursuant to this article shall
be deposited in the Dealers' Record of Sale Account of the
General Fund.
DOJ shall issue ammunition vendor licenses to the
following applicants:
o a licensed firearms dealer;
o persons on the centralized list maintained by
the department pursuant to Section 28450;
o a target facility holding a business or other
regulatory license;
o a gunsmith;
o a firearms wholesaler; and
o a federally licensed manufacturer or importer
of firearms or ammunition;
The department shall keep a registry of all licensed
ammunition vendors. No ammunition vendor shall sell or
transfer ownership of ammunition unless listed on the
registry.
The department may remove an ammunition vendor from the
registry for a violation of this article or a violation of
Article 3 (commencing with Section 30345) for a period not
to exceed six months.
The department shall revoke the license of any ammunition
vendor who violates specified ammunition vendor license
requirements in any combination three times. The ammunition
vendor shall thereafter be permanently ineligible for an
ammunition vendor license.
Ammunition Purchase Permit
This bill would require, beginning July 1, 2017, only those
persons listed below, or those exempted below, shall be
permitted to purchase ammunition. Prior to the delivery of the
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ammunition, the vendor shall verify that the person who is
receiving delivery of the ammunition is a properly identified
and exempted person or entity or one is of the following:
a holder of a valid ammunition purchase permit, as
specified;
a person who is authorized to carry loaded firearms, as
specified, including peace officers, security guards and
holders of concealed weapons licenses;
a holder of a special weapons permit issued by DOJ, as
specified;
a holder of a current certificate of eligibility, as
specified; and
a holder of a valid entertainment firearms permit, as
specified.
This bill would require, beginning July 1, 2017, an ammunition
vendor shall submit information in a format prescribed by the
department to show compliance with the above requirements.
This bill provides that if a person is not the holder of an
ammunition purchase permit because he or she is not a resident
of this state, then pursuant to procedures prescribed by the
department, the person presents documentation to the vendor that
shows that the person would not be prohibited from acquiring or
possessing ammunition within this state.
This bill requires that, commencing July 1, 2017, the vendor
shall verify that the ammunition purchase permit is valid by
contacting the department for each ammunition transaction, in a
manner prescribed by DOJ. DOJ shall conduct an instantaneous
background check to determine if the permitee is prohibited from
possessing ammunition. The department shall approve or deny the
transaction on the basis of the background check and shall
inform the vendor.
This bill provides that the following are exempt from the
ammunition purchase requirements specified above:
licensed firearms dealers, as specified;
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an ammunition vendor;
a person who is on the centralized list maintained by
DOJ of federally licensed firearms dealers, as specified;
a target facility that holds a business or regulatory
license;
a gunsmith;
a wholesaler;
a licensed manufacturer or importer of firearms or
ammunition, as specified; and
an authorized law enforcement representative of a city,
county, city and county, or state or federal government, if
the sale or other transfer of ownership is for exclusive
use by that government agency, as specified.
This bill would establish the following with respect to
ammunition purchase permits:
Commencing on January 1, 2017, any person who is a
resident of this state and who is 18 years of age or older
may apply to the department for an ammunition purchase
permit, in a format to be prescribed by the department.
The ammunition purchase permit shall entitle the
permitholder to purchase or otherwise acquire ownership of
ammunition from an ammunition vendor, as defined, and shall
have no other force or effect.
The department shall issue an ammunition purchase permit
to the applicant if all of the following conditions are
met:
o the applicant is 18 years of age or older;
o the applicant is not prohibited from acquiring or
possessing ammunition by the laws of this state; and
o the applicant pays the specified fees.
Upon receipt of an initial or renewal application, the
department shall examine its records and is authorized to
request records from the State Department of State
Hospitals, as specified, and if authorized, the National
Instant Criminal Background Check System, as specified, in
order to determine if the applicant is prohibited from
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possessing or acquiring ammunition.
The applicant shall be approved or denied within 30 days
of the date of the application. If the application is
denied, the department shall state the reasons for doing so
and provide the applicant an appeal process to challenge
that denial.
The ammunition purchase permit shall be valid for five
years from the date of issuance.
The department shall send a notice of the expiration of
an ammunition purchase permit, by first-class mail or other
means that are equivalent, including electronic mail, to
the address of the person as shown by the records of the
department, not less than 90 days before the expiration
date, and shall enclose or contain a form for the renewal
of the permit.
The ammunition purchase permit shall be revoked by the
department upon the occurrence of any event which would
have disqualified the holder from being issued the
ammunition purchase permit pursuant to this section.
The ammunition purchase permit shall be in a
tamper-proof form prescribed by the department and shall
include the name, address, photograph, date of birth, a
unique identifying number, expiration date from the date of
issuance, physical characteristics, including the height,
weight, eye color, and hair color of the permitholder, and
other information that may be prescribed by the department.
The department shall recover the reasonable cost of
administering this section by charging applicants an
initial application and a renewal application fee.
All fees received pursuant to this section shall be
deposited into the Dealer's Record of Sale Special Account
of the General Fund.
The implementation of this section by the department is
exempt from the Administrative Procedure Act.
The department shall annually review and shall adjust
the specified fees, if necessary, to fully fund, but not to
exceed the reasonable costs of, the permit program provided
by this section, including the enforcement of this program.
The Attorney General is authorized to adopt regulations
to implement the provisions of this section.
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This bill would require the Attorney General to prepare and
submit to the Legislature on or before January 1, 2016, a report
concerning all of the following:
Recommendations for a clear and succinct general
procedure whereby a system may be instituted for
instantaneous background checks that can be conducted for
all persons attempting to purchase ammunition.
The feasibility of integration of that system into the
current firearm registration system.
The feasibility and costs of creating that type of
background check system.
The overall costs of creating and maintaining, and the
costs to individuals of using, that system.
The effect of the system on overall efforts by the
Department of Justice in terms of information and
computerized upgrades that the department is currently
undertaking.
Recommendations for any specific statutory changes
necessary to implement the system, if any.
The report shall be submitted pursuant to specified
Government Code requirements.
This bill states that it is the intent of the Legislature to
provide the Department of Justice with sufficient flexibility to
develop an instantaneous background check system. The
Legislature recognizes that the Department may develop an
alternative system than the one prescribed by this measure. If
that is the case, the Legislature may review that system and
enact legislation accordingly.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the last several years, severe overcrowding in California's
prisons has been the focus of evolving and expensive litigation
relating to conditions of confinement. On May 23, 2011, the
United States Supreme Court ordered California to reduce its
prison population to 137.5 percent of design capacity within two
years from the date of its ruling, subject to the right of the
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state to seek modifications in appropriate circumstances.
Beginning in early 2007, Senate leadership initiated a policy to
hold legislative proposals which could further aggravate the
prison overcrowding crisis through new or expanded felony
prosecutions. Under the resulting policy known as "ROCA" (which
stands for "Receivership/ Overcrowding Crisis Aggravation"), the
Committee held measures which created a new felony, expanded the
scope or penalty of an existing felony, or otherwise increased
the application of a felony in a manner which could exacerbate
the prison overcrowding crisis. Under these principles, ROCA
was applied as a content-neutral, provisional measure necessary
to ensure that the Legislature did not erode progress towards
reducing prison overcrowding by passing legislation which would
increase the prison population. ROCA necessitated many hard and
difficult decisions for the Committee.
In January of 2013, just over a year after the enactment of the
historic Public Safety Realignment Act of 2011, the State of
California filed court documents seeking to vacate or modify the
federal court order to reduce the state's prison population to
137.5 percent of design capacity. The State submitted in part
that the, ". . . population in the State's 33 prisons has been
reduced by over 24,000 inmates since October 2011 when public
safety realignment went into effect, by more than 36,000 inmates
compared to the 2008 population . . . , and by nearly 42,000
inmates since 2006 . . . ." Plaintiffs, who oppose the state's
motion, argue in part that, "California prisons, which currently
average 150% of capacity, and reach as high as 185% of capacity
at one prison, continue to deliver health care that is
constitutionally deficient."
In an order dated January 29, 2013, the federal court granted
the state a six-month extension to achieve the 137.5 % prisoner
population cap by December 31st of this year.
The ongoing litigation indicates that prison capacity and
related issues concerning conditions of confinement remain
unsettled. However, in light of the real gains in reducing the
prison population that have been made, although even greater
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reductions are required by the court, the Committee will review
each ROCA bill with more flexible consideration. The following
questions will inform this consideration:
whether a measure erodes realignment;
whether a measure addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
whether a bill corrects a constitutional infirmity or
legislative drafting error; whether a measure proposes
penalties which are proportionate, and cannot be achieved
through any other reasonably appropriate remedy; and
whether a bill addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy.
COMMENTS
1. Need for This Bill
According to the author:
California has enacted legislation designed to keep
guns out of the hands of criminals, but it has done
little to prevent criminals, gang members, and the
clinically insane from procuring the ammunition that
fuels gun violence. At the federal level, the Gun
Control Act of 1968 required federal licensing for all
ammunition dealers, and required that retailers keep
records on all handgun ammunition sales. Those
provisions were repealed in 1986, and since then only
a handful of states have implemented their own
regulation of ammunition sales and purchases,
including Illinois, Massachusetts, and New Jersey,
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which require licenses to purchase ammunition.<1>
In California, several cities require ammunition
vendors to maintain records of ammunition sales. Such
ordinances have led to the arrest of thousands of
armed and dangerous criminals.<2> A 2006 RAND
Corporation study concluded that, in just a two-month
period in Los Angeles, felons and others prohibited by
law from possessing firearms purchased over 10,000
rounds of ammunition at gun shops and sporting goods
stores across the city.<3> The Sacramento Police
Department's ammunition purchaser records showed that
in 2008 alone, over 150 prohibited person purchased
ammunition in their city.
To address this critical issue, then-Assemblymember
Kevin de León introduced Assembly Bill 362 in 2007.
The measure would have required any handgun ammunition
purchaser to possess a license to sell ammunition
issued by the Department of Justice (DOJ), which would
conduct background checks on employees. The measure
also required that the DOJ maintain a registry of
registered handgun ammunition vendors. The following
----------------------
<1> Law Center to Prevent Gun Violence. "Ammunition Regulation
Policy Summary"
http://smartgunlaws.org/ammunition-regulation-policy-summary/.
21 May 2012.
<2> Reuters. "What's missing in U.S. gun control scramble?
Bullets."
http://www.reuters.com/article/2013/01/20/us-usa-guns-ammunition-
idUSBRE90J02K20130120. 20 January 2013.
<3> RAND Corporation. "RAND Study Finds Substantial Amounts of
Ammunition Bought By Felons, Others Prohibited from Buying
Bullets." http://www.rand.org/news/press/2006/10/05.html. 5
October 2006.
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year, AB 2062 (De León) was introduced with similar
provisions and a requirement that handgun ammunition
vendors maintain records of sales and submit those
records to the DOJ. Additionally, AB 2062 created a
handgun ammunition purchase permit for all of those
wishing to acquire ammunition. Both measures failed
to pass in the Assembly.
Three years later, Governor Schwarzenegger signed AB
962 (De León) The Anti-Gang Neighborhood Protection
Act. AB 962 required handgun ammunition vendors to
record handgun ammunition sales by checking ammunition
purchasers' driver's licenses and obtaining
thumbprints. The measure also required vendors to
make records available to law enforcement for the
purposes of crosschecking purchasers with the
prohibited persons' databases. The delivery or
transfer of ownership of handgun ammunition would be
required to occur only in face-to-face transactions,
thus banning mail order ammunition sales.
In 2010, the National Rifle Association (NRA) and the
California Rifle and Pistol (CRPA) Foundation
challenged AB 962 in court. In Parker v. California
(2011), the Fresno Superior Court ruled in favor of
the plaintiffs, declaring that the 30-year-old
statutory definition of "handgun ammunition" was
unconstitutionally vague. The case is currently on
appeal and will be argued this spring.
As a result of the court-issued injunction applied to
AB 962, today any criminal can walk into a Big 5 or
Wal-Mart and purchase ammunition, no questions asked.
There is no way to track who is buying and selling
bullets. It continues to be easier in California to
purchase a pallet of ammunition than a pack of
cigarettes or allergy medicine. This blind eye
approach is putting ammunition in the hands of
killers.
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Senate Bill 53 expands upon and strengthens the
ammunition regulation schema established under AB 962.
SB 53 requires all ammunition vendors to obtain a
license to sell ammunition from the DOJ. The
Department must maintain a centralized registry of
registered ammunition vendors as well as records of
ammunition transactions submitted by vendors. Under
this proposal, a statewide standard on ammunition
sales would be created, providing law enforcement with
clear information on who is selling and buying
ammunition.
Additionally, SB 53 requires ammunition purchasers to
submit to background checks to effectively limit
criminal access to the fuel that drives gun violence.
These background checks will be structured by the
Department of Justice to minimize the costs to gun
owners and, after a full and complete check, will be
done instantly to ensure that the purchaser is still
in good standing to purchase ammunition. In this way,
ammunition will only be accessible to lawful gun
owners and not dangerous criminals.
2. Background - AB 962 and the Ruling in Parker v. State of
California, et al.
AB 962 (De León), Chap. 628, Statutes of 2009, created several
new 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,
(Penal Code §§ 30345, et seq.) and that all delivery of handgun
ammunition take place in a face-to-face transaction (prohibiting
direct sales over the internet). (Penal Code § 30312.) On
January 31, 2011, a Superior Court in Fresno ruled that the
definition of "handgun ammunition" contained in sections
12060(b) and 12318(b)(2) (now renumbered as section 16650) was
unconstitutionally vague, rendering invalid the provisions of
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sections 12060, 12061 (now renumbered as sections 30345, et
seq.) and 12318. Each of these sections were enacted pursuant
to AB 962.<4> 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 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 Court stated:
Because the language of the definition of "handgun
ammunition" fundamentally requires each law
enforcement officer to make a subjective determination
as to whether or not the ammunition at issue is
ammunition "principally for use" in a handgun and then
subjectively apply their own definition to the
situation before them, the definition of "handgun
ammunition" established in section 12060(b) and
12318(b)(2) gives unlimited discretion to each
individual law enforcement officer to determine
arbitrarily if the ammunition at issue is "handgun
ammunition" and to apply their particular
classification of "handgun ammunition" or not to the
specific issue before them. (Id at pages 14-15.)
3. Effect of This bill
This bill would amend several provisions of current law
regarding ammunition sales, which were the subject of the
Superior Court ruling in Parker. Specifically, this bill would
delete reference in these statutes to "handgun ammunition," and
would instead apply these ammunition transfer requirements to
all forms of ammunition. This would eliminate the vagueness
issue citied by the
Court in Parker. The policy rationale for creating these
---------------------------
<4> Old Penal Code section 12318 defines "handgun ammunition by
cross-reference to old section 12323(a), now renumbered section
16650.
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requirements on the transfer of ammunition, i.e., ensuring that
ammunition is not sold to people who are prohibited from
possessing it, applies equally to all forms of ammunition
because those who are prohibited from owning ammunition are
prohibited from owning all types of ammunition.
Ammunition Vendor Permits
This bill would also create a requirement that, beginning July
1, 2014, anyone wishing to sell ammunition first obtain an
ammunition vendor's license from DOJ. Current law (currently
enjoined) requires ammunition sellers to obtain certain
identification information from handgun ammunition buyers and
record and retain that information. This bill would instead
require ammunition sellers to obtain that information from all
ammunition buyers and, beginning July 1, 2014, submit that
information to DOJ. DOJ would then be required to cross check
it with its databases containing information on persons
prohibited from owning firearms or ammunition. This would inform
DOJ any time a person prohibited from buying ammunition is
nonetheless doing so.
Ammunition Purchase Permits
This bill would also require that, beginning July 1, 2017,
ammunition may only be sold to those persons who have obtained
an ammunition purchaser's permit from DOJ. DOJ would be
required to issue such permits to anyone who applies, is 18
years of age, pays the fee, and is not legally prohibited from
buying ammunition. The bill would also require that, commencing
July 1, 2017, the vendor shall verify that the ammunition
purchase permit is valid by contacting DOJ for each ammunition
transaction, in a manner prescribed by DOJ. DOJ would then be
required to conduct an instantaneous background check to
determine if the buyer is prohibited from possessing ammunition.
The department shall approve or deny the transaction on the
basis of the background check and shall inform the vendor.
This bill also requires the Attorney General to prepare and
submit to the Legislature on or before January 1, 2016, a report
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SB 53 (De León)
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making recommendations for a procedure to institute
instantaneous background checks that can be conducted for all
persons attempting to purchase ammunition. This bill states
that it is the intent of the Legislature to provide the
Department of Justice with sufficient flexibility to develop an
instantaneous background check system. The Legislature
recognizes that the Department may develop an alternative system
than the one prescribed by this measure.
4. Ammunition Purchases by Prohibited Persons: The Scope of the
Problem
In Los Angeles, a city ordinance requires that vendors selling
any firearm ammunition within the city limits must record the
following information:
the date of the transaction;
the name, address and date of birth of the transferee;
the transferee's driver's license or other
identification number and the state in which it was issued;
the brand, type and amount of ammunition transferred;
the transferee's signature;
the name of the sales person who processed the
transaction; and
the vendor shall also at the time of purchase or
transfer obtain the right thumb print of the purchaser or
transferee on the above-referenced form. (Los Angeles
Municipal Code, Ch. V, § 55.11.)
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Using this information, required to be maintained by ammunition
dealers, a RAND
corporation study examined ammunition sales during a two-month
period in Los Angeles in 2004. RAND reported:
Substantial amounts of bullets and shotgun shells sold
in Los Angeles are purchased by felons and others who
are prohibited by law from buying ammunition,
according to a new RAND Corporation study that is the
first to examine the amount of ammunition sold to
criminals.
With support from the National Institute of Justice,
researchers analyzed records detailing ammunition
sales made during April and May of 2004 at 10 of the
13 retail stores in the city of Los Angeles that sell
bullets and shotgun shells to the public.
A total of 2,031 people purchased 436,956 rounds of
ammunition during the study period. This included
10,050 rounds of ammunition purchased by 52 people
with felony convictions or other violations on their
records that legally prohibit them from buying
ammunition.
While federal and state laws prohibit certain people
from buying ammunition, there are no mechanisms to
enforce the rules. Los Angeles and a few other cities
require ammunition sellers to collect information
about the purchasers, but in the past those records
were not routinely reviewed.
"Strategies to reduce gun violence in communities thus
far have focused intensely on the guns," said George
Tita, a criminologist at the University of California,
Irvine, and lead author of the study that appears in
the October edition of the journal Injury Prevention.
"More effective policies will need to address access
to ammunition as well as access to guns."
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While the study examined only a short period of time,
researchers say it provides the first reliable
information about whether ammunition is routinely
purchased by people who are barred from possessing
ammunition.
"We found that it's not uncommon for people with
criminal records simply to buy ammunition at a retail
store," said Greg Ridgeway, co-author of the study and
a researcher at RAND, a nonprofit research
organization. "It is particularly risky for
communities to have guns and ammunition in the hands
of such people."
Past studies have shown that guns and ammunition
possessed by felons and others prohibited from owning
weapons are more likely to be used in violent crimes
than weapons bought by people with no criminal
histories.
(http://www.rand.org/news/press.06/10.05.html.)
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5. Statement in Support
The California Police Chiefs Association states:
California has enacted legislation designed to keep
guns out of the hands of criminals, but it has done
little to prevent criminals and gang members from
procuring ammunition. Currently, any criminal can
walk into a Big 5 or Wal-Mart and purchase pallets of
ammunition, no questions asked. It is easier to
purchase ammunition than it is a packet of cigarettes
or allergy medicine.
Each year, millions of rounds of ammunition are sold
to felons and other prohibited persons at gun shops
and sporting-goods stores across the state. Several
cities have moved forward to require ammunition
vendors to keep records of ammunition sales, which law
enforcement officials have used to get hundreds of
dangerous felons who are ill legally armed off our
streets.
By requiring all ammunition vendors to obtain a
license to sell ammunition and ammunition purchasers
to submit to background checks, SB 53 will effectively
limit criminal access to the fuel that drives gun
violence. Under this proposal, a statewide standard
on ammunition sales would be created, providing law
enforcement with clear information on who is selling
and buying ammunition.
6. Statement in Opposition
The California Association of Firearms Retailers states:
The majority of firearms retailers are small
businesses, and the new cost of complying with SB 53,
if it were possible, would be a major expense and
time-consuming burden.
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The provisions of SB 53, like those of its
unconstitutional, inoperative predecessor (AB 962),
could cause affected small businesses in California to
decline and with them a loss of jobs. The state's
business climate has suffered a great deal in recent
years. This bill would only make matters worse.
CAFR believes that if enacted, SB 53 like its
predecessor would not prove to be cost effective for
law enforcement in solving crimes. It would, however,
prove to be very detrimental to the operation of the
affected small businesses in California.
It would be operationally and economically impossible
for ammunition vendors to comply with SB 53. It would
cost the state private-sector jobs and tax revenue.
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