BILL ANALYSIS                                                                                                                                                                                                    Ó




                   Senate Appropriations Committee Fiscal Summary
                            Senator Kevin de León, Chair


          SB 53 (de León) - Ammunition: purchase permits.

          Amended: April 1, 2013          Policy Vote: Public Safety 5-2
          Urgency: No                     Mandate: Yes
          Hearing Date: May 6, 2013       Consultant: Jolie Onodera
          
          This bill meets the criteria for referral to the Suspense File.
          
          
          Bill Summary: SB 53 would amend current law regarding sales of  
          handgun ammunition, as defined, to apply to all ammunition, and  
          place additional regulations on the sale, transfer, and purchase  
          of ammunition, as specified.

          Fiscal Impact: As currently drafted, costs to the DOJ are  
          indeterminable, as system changes to the Armed Prohibited  
          Persons System (APPS) and registry development for the  
          ammunition vendor licensing component will be required prior to  
          implementation of the bill's provisions. Assuming delayed  
          implementation of the APPS cross-checking requirements and  
          ammunition vendor licensing implementation date to January 1,  
          2015:

               One-time DOJ costs of $2.5 million (Special Fund*) over 12  
              months for the APPS enhancement to include ammunition.
               One-time DOJ costs of $2.7 million (General Fund) for  
              software development and staffing costs for the ammunition  
              vendor licensing registry and ammunition purchase permit  
              database.
               One-time initial costs of $120 million (General Fund) for  
              an estimated 6 million tamper-proof ammunition purchase  
              permits. Ongoing costs in the hundreds of thousands to  
              millions of dollars for additional permits at a cost of $20  
              per card.  
               One-time DOJ costs of $28 million (General Fund) for 211  
              positions to accomplish the workload associated with  
              ammunition purchase permits. Ongoing costs estimated at $0.7  
              million to after initial permits are processed.
               One-time DOJ costs potentially in excess of $250,000  
              (General Fund) to develop and adopt regulations.
               One-time DOJ costs of about $25,000 (General Fund) to  
              complete and submit the required legislative report by  








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              January 1, 2016.
               Increased annual DOJ enforcement costs (Special Fund*) to  
              cross-check ammunition purchasers with the Armed Prohibited  
              Persons System (APPS) to identify persons who are prohibited  
              from owning or possessing ammunition.
               Potential increase in annual state incarceration costs for  
              felony convictions of possession of firearms/ammunition for  
              prohibited persons to the extent the cross-check with APPS  
              prompts additional DOJ enforcement actions.  
               Increased annual local incarceration costs potentially in  
              the millions of dollars (Local) for numerous misdemeanor and  
              felony violations related to ammunition purchase, sale,  
              possession, and ammunition vendor requirements. 
               Potential ongoing loss of state sales tax revenue of $3.6  
              million (General Fund) for every 10 percent reduction in  
              annual ammunition sales due to the enhanced regulations on  
              ammunition sales and potential increase in out of state  
              sales.
               State litigation savings, potentially in the hundreds of  
              thousands of dollars, to the extent this bill eliminates the  
              issue cited by the court in Parker v State of California,  
              which ruled the definition of handgun ammunition in AB 962  
              was vague, resulting in an injunction against portions of  
              the bill.  
          *Dealers' Record of Sale (DROS) Special Account

          Background: AB 962 (de León), Chapter 628/2009, 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 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 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.) 









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          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.)

          This bill would delete references in statute to "handgun  
          ammunition" and would instead apply the ammunition transfer  
          requirements to all forms of ammunition, thereby eliminating the  
          vagueness issue cited by the court in Parker.
          
          Proposed Law: This bill would further regulate the sale,  
          transfer, and purchase of ammunition, as follows: 
               Amend current law regarding sales of handgun ammunition,  
              as specified, to apply to all ammunition.
               Require that anyone selling ammunition be licensed by the  
              DOJ in order to sell or otherwise transfer ownership of  
              ammunition.
               Require DOJ to maintain records of all ammunition vendor  
              licenses issued, all ammunition purchase permits issued and  
              all ammunition sales.
               Require DOJ, commencing January 1, 2014, to use the APPS  
              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.
               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.
               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.
               Require that, commencing July 1, 2017, the vendor shall  
              verify that the ammunition purchase permit is valid by  








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              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.
               Require that DOJ conduct background checks on applicants  
              for ammunition purchase permits and establish other  
              requirements regarding these permits, as specified.
               Establish procedures for DOJ to issue ammunition vendor  
              licenses, as specified.
               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.

          Prior Legislation: SB 427 (de León) would have made clarifying  
          changes to AB 962 regarding handgun ammunition. This bill was  
          vetoed by the Governor with the following message:

          I am returning Senate Bill 427 without my signature. 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 628/2009 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.  


          Related Legislation: This measure is part of the following  
          legislative package deemed the Lifesaving Intelligent Firearms  
          Enforcement (LIFE) Act: 









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          SB 47 (Yee) 2013 would revise the definition of assault weapon  
          to include a firearm that has one of several specified features  
          and does not have a "fixed magazine" as defined. This bill would  
          require the registration of specified lawfully possessed assault  
          weapons that do not have a fixed magazine, as defined, with the  
          DOJ. This bill is scheduled to be heard today by this committee.

          SB 140 (Leno) 2013 Chapter 2/2013, an urgency measure,  
          appropriates $24 million from the DROS Special Account to the  
          DOJ to address the backlog of unlawfully held firearms in the  
          Armed Prohibited Persons System (APPS). This bill was signed by  
          the Governor on May 1, 2013.

          SB 374 (Steinberg) 2013 would 1) redefine the definition of what  
          rifles would be considered assault weapons, 2) provide a  
          definition for both "fixed magazine" and "detachable magazine,"  
          3) require the registration of specified lawfully possessed  
          assault weapons with the DOJ, and, 4) enact provisions  
          establishing a Firearm Ownership Record, as specified. This bill  
          is scheduled to be heard today by this committee.

          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 scheduled to be heard  
          today by this committee.

          SB 567 (Jackson) 2013 would revise the definition of shotgun to  
          1) delete language stating that to be considered a shotgun, the  
          weapon must be intended to be fired from the shoulder, and 2)  
          add language stating a shotgun may include a weapon with a  
          rifled bore as well as a smooth bore.  This bill is scheduled to  
          be heard today by this committee.

          SB 683 (Block) 2013 would expand the current safety certificate  
          requirement on handguns to all firearms. This bill is scheduled  
          to be heard today by this committee.

          SB 755 (Wolk) 2013 expands the list of misdemeanors that result  
          in a 10-year prohibition from firearms possession to include  
          drug and alcohol-related offenses. This bill is scheduled to be  
          heard today by this committee.

          Staff Comments: The DOJ has indicated it would be a 12-month  








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          project to enhance the APPS to include ammunition. Because the  
          enhanced system would not be fully developed and implemented  
          until July 1, 2014, the DOJ has recommended an amendment to  
          delay implementation of the APPS cross-checking requirement for  
          ammunition purchases for one year, from January 1, 2014, to  
          January 1, 2015. The one-time cost to enhance the APPS is  
          estimated at $2.5 million over 12 months and includes staffing,  
          overtime, external consultants, and software development.

          Automation costs for development of the ammunition vendor  
          licensing and registry and ammunition purchase permit database  
          are estimated at $2.7 million over one year and include  
          staffing, overtime, and software development costs. In order to  
          accommodate the time necessary to develop the registry, an  
          amendment to delay implementation of the ammunition vendor  
          licensing requirements from July 1, 2014, to January 1, 2015,  
          has been recommended.

          Beginning January 1, 2017, the DOJ will incur substantial  
          workload to process ammunition purchase permit applications.  
          Costs are projected at $28 million (General Fund) for 211  
          positions to accomplish the workload associated with ammunition  
          purchase permits, which would include pulling folders,  
          background checks, updating criminal histories, and scanning  
          documents. Ongoing staffing costs are estimated at $0.7 million  
          after the initial year of permits are processed. The initial  
          projected cost for an estimated 6 million tamper-proof  
          ammunition purchase permits is $120 million (General Fund).  
          Ongoing costs are estimated in the hundreds of thousands to  
          millions of dollars assuming a unit cost of $20 per card. Actual  
          costs would be dependent on the number of purchase permits  
          issued per year.  

          The DOJ will also incur one-time costs potentially in excess of  
          $250,000 (General Fund) to develop and adopt regulations, as  
          well as $25,000 (General Fund) to complete and submit the  
          required legislative report by January 1, 2016.

          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. To the extent the cross-check with APPS at the  








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          point-of-sale for ammunition purchases prompts additional DOJ  
          enforcement actions, an increased number of felony convictions  
          for unlawful possession or ownership of ammunition for persons  
          prohibited from possessing or owning a firearm could result.


          This bill may also result in decreased sales tax revenue to the  
          degree ammunition sales may decrease as a result of the  
          additional, time-consuming procedures required for consumers to  
          purchase ammunition applicable under the provisions of this  
          bill. Neighboring states do not have similar restrictions on  
          ammunition purchases, and it is possible some consumers will  
          purchase ammunition out of state, especially considering its  
          virtually unlimited storage life. According to the National  
          Shooting Sports Foundation, 1.2 billion rounds of ammunition are  
          sold in California annually. This includes pistol, long gun, and  
          shot gun ammunition. At an average price of $0.84 per round, the  
          sales would amount to just over $1 billion annually. Adjusting  
          for sales to law enforcement, the statewide civilian ammunition  
          sales are estimated at approximately $924 million annually. It  
          is unknown at this time the degree to which ammunition sales may  
          decline due to out-of-state purchases and the enhanced  
          ammunition purchase regulations proposed in this measure, but  
          for every 10 percent reduction in annual ammunition sales,  
          annual sales tax revenue could decline by approximately $3.6  
          million General Fund (based on a General Fund rate of 3.9375  
          percent).

          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 as nearly  
          $430,000 to $5 million, respectively. 

          Recommended Amendments: The DOJ has indicated the APPS system  








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          enhancement will be a one-year project that cannot be  
          implemented until January 1, 2015. In order to accommodate this  
          timeframe, an amendment is recommended to delay the date by  
          which APPS cross-requirements are to be implemented from January  
          1, 2014, to January 1, 2015. In addition, in order to  
          accommodate the IT requirements for the ammunition vendor  
          registry, an amendment to delay ammunition vendor licensing  
          requirements for six months from July 1, 2014, to January, 1,  
          2015, is recommended.