BILL ANALYSIS Ó
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THIRD READING
Bill No: SB 53
Author: De León (D), et al.
Amended: 5/28/13
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/16/13
AYES: Hancock, Block, De León, Liu, Steinberg
NOES: Anderson, Knight
SENATE APPROPRIATIONS COMMITTEE : 5-2, 5/23/13
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
SUBJECT : Ammunition: purchase permits
SOURCE : Author
DIGEST : This bill amends existing law regarding sales of
handgun ammunition, as defined, to apply to all ammunition, and
places additional regulations on the sale, transfer, and
purchase of ammunition, as specified.
ANALYSIS :
Existing law:
1.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.
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2.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.
3.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 specified information.
4.Provides that violations of the specified laws regarding
handgun ammunition vendors are punishable as a misdemeanor.
This bill:
1. Amends existing law regarding sales of handgun ammunition,
to apply to all ammunition.
2. 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."
3. Requires, beginning July 1, 2015, all ammunition vendors to
be licensed by the Department of Justice (DOJ) in order to
sell or otherwise transfer ownership of ammunition.
4. Requires DOJ to maintain records of all ammunition vendor
licenses issued, all ammunition purchase permits issued and
all ammunition sales, once those requirements become
effective.
5. Establishes the Ammunition Vendors Special Account within
the General Fund, into which vendor license fees would be
deposited and made available, upon appropriation by the
Legislature, to DOJ for purposes of enforcing the ammunition
vendor licensing provisions.
6. Requires that the sale of ammunition shall be conducted at
the location specified in the ammunition vendor license, with
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the exception of a "gun show or event," as defined.
Ammunition vendors at gun shows are required to comply with
ammunition vendor requirements, as specified.
7. Provides that a violation of ammunition vendor requirements,
as specified, is a misdemeanor but these provisions are
cumulative and shall not be construed as restricting the
application of any other law.
8. Provides that ammunition may be purchased over the Internet
or through other means of remote ordering if an ammunition
vendor in this state initially receives the ammunition and
processes the transfer, as specified.
9. Provides an exemption to a participant at an event organized
by a nonprofit mutual or public benefit corporation, where
the sale, transfer, or delivery is by a nonprofit mutual or
public benefit corporation organized, where the ammunition is
to be used and consumed on the premises of an event conducted
by that nonprofit or public benefit corporation, and the
event is at a target range which holds a regulatory or
business license.
10.Commencing July 1, 2017, and subject to exceptions, require
the purchaser of ammunition to be authorized to purchase
ammunition by the DOJ, as specified. This bill, commencing
January 1, 2017, authorizes issuance of ammunition purchase
authorizations by the DOJ to applicants who are residents of
this state, at least 18 years of age, not prohibited from
acquiring or possessing ammunition, and who pay the required
fees, as specified.
11.Establishes a centralized list of persons authorized to
purchase ammunition.
12.Commencing July 1, 2017, the vendor shall verify that the
person is authorized to purchase ammunition by comparing the
person's California driver's license number or California
identification card number to the authorization number in the
centralized list of authorized ammunition purchasers. If the
person is not listed as an authorized ammunition purchaser,
the vendor shall deny the sale.
13.Provides that the following are exempt from the ammunition
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purchase requirements:
licensed firearms dealers, as specified;
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.
1. Establishes requirements with respect to ammunition purchase
permits, as specified.
Background
AB 962 (De León, Chapter 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 Sections. 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 Sec.
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 Sections 12060, 12061 (now renumbered as Sections
30345, et seq.) and 12318. Each of these sections were enacted
pursuant to AB 962. 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 Superior 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
Sections 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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, 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 $1.4 million (General Fund) for
software development and staffing costs for the ammunition
vendor licensing.
Significant annual ammunition vendor licensing
administrative costs, offset by fees (Ammunition Vendor's
Special Account Fund).
One-time DOJ costs of $28 million (General Fund) for
staffing to accomplish the workload associated with
ammunition purchase authorizations. Ongoing costs
estimated at $0.7 million.
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 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% 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.
SUPPORT : (Verified 5/25/13)
AAUW of California
AAUW, Santa Barbara - Goleta Valley Branch
AAUW, Santa Maria Branch
Anti-Defamation League
Auburn Area Democratic Club
Bend the Arc: Jewish Partnership for Justice
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.
Christy Lynn Wilson Foundation
City of Beverly Hills
City of Los Angeles Mayor, Antonio R. Villaraigosa
City of Los Angeles Police Department Chief, Charlie Beck
City of Oakland
CLUE California
Clue California
Coalition Against Gun Violence
Community Against Gun Violence
Courage Campaign
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Credo Action
Democrat Women of Santa Barbara County
Doctors for America
Laguna Woods Democratic Club
Law Center to Prevent Gun Violence
Los Angeles Community College District
Los Angeles County Board of Supervisors
Lutheran Office of Public Policy - California
Moms Demand Action for Gun Sense in America
National Council of Jewish Women
Neighbors Untied to Protect our Communities
Orange County Chapter of the Brady Campaign to Prevent Gun
Violence
Orange County Democrats
PICO California
Santa Barbara Rape Crises Center
Sisters of St. Joseph of OrangeCounty
South County Citizens Against Gun Violence, Orange County
Tri-Cities Democratic Forum
Tri-City Interfaith Council
Violence Prevention Coalition of Greater Los Angeles
Violence Prevention Coalition of Orange County
Women For: Orange County
Youth Alive!
OPPOSITION : (Verified 5/25/13)
California Association of Firearms Retailers
California Rifle and Pistol Association
California Right to Carry
California Sportsman's Lobby
Crossroads of the West
National Rifle Association of America
National Shooting Sports Foundation
Outdoor Sportsmen's Coalition of California
Safari Club International
Tea Party United
ARGUMENTS 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
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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.
ARGUMENTS IN OPPOSITION : The California Association of
Firearms Retailers (CAFR) 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.
The provisions of SB 53, like those of its
unconstitutional, inoperative predecessor AB 962 (De León,
Chapter 628, Statutes of 2009) 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
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ammunition vendors to comply with SB 53. It would cost the
state private-sector jobs and tax revenue.
JG:ej 5/28/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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