BILL ANALYSIS Ó
SB 53
Page 1
Date of Hearing: July 2, 2013
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 53 (De Leon) - As Amended: June 27, 2013
SUMMARY : Amends existing law regarding sales of handgun
ammunition, as defined, to apply to all ammunition, and places
additional regulations on the sale, and purchase of ammunition,
as specified. Specifically, 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
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 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,
SB 53
Page 2
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, 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
purchase requirements:
a) Licensed firearms dealers, as specified;
b) An ammunition vendor;
c) A person who is on the centralized list maintained by
SB 53
Page 3
DOJ of federally licensed firearms dealers, as specified;
d) A target facility that holds a business or regulatory
license;
e) A gunsmith;
f) A wholesaler;
g) 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 for exclusive use by
that government agency, as specified.
14)Establishes requirements with respect to ammunition purchase
permits, as specified.
15)Includes "ammunition" in APPS provisions to integrate
ammunition purchaser database with the Armed Prohibited
Persons System (APPS) list. Require ammunition vendors to
submit records of sales to DOJ.
16)Specify that, prior to July 1, 2015, the Department of
Justice shall issue regulations on internet sales and remote
ordering. Regulations should include:
a) Prompt and proper processing of transactions;
b) Limits on the charge for processing deliveries; and
c) Restrictions on use of transaction records
EXISTING LAW :
1)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 Sections 29650 and
29700.)
SB 53
Page 4
2)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 Section 30300.)
3)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 Section 30305(a).]
4)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 Section
30305(b).]
5)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 Section 30306.)
6)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 Section 30310.)
7)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 Section 30315.)
8)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
SB 53
Page 5
prison and a fine of up to $5,000, or both. (Penal Code
Section 30320.)
9)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 Section 30312.)
10)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 Section 30352.):
a) The date of the sale or other transaction;
b) The purchaser's/transferee's driver's license or ID
number and the state of issuance;
c) The brand, type, and amount of ammunition sold or
otherwise transferred.
d) The purchaser's/transferee's signature;
e) The name of the salesperson who processed the sale or
other transaction;
f) The right thumbprint of the purchaser or transferee on
the above form;
g) The purchaser's /transferee's full residential address
and telephone number; and
h) The purchaser's/transferee's date of birth.
11)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 Section
30355 and 30357.)
12)Requires that handgun ammunition vendors shall not knowingly
make a false entry or fail to make an entry or obtain the
SB 53
Page 6
required thumbprint. (Penal Code Section 30360.)
13)Provides that violations of the above laws regarding handgun
ammunition vendors are punishable as a misdemeanor. (Penal
Code Section 30365.)
14)Defines "handgun ammunition" as "ammunition principally for
use in pistols, revolvers, and other firearms capable of being
concealed upon the person, notwithstanding that the ammunition
may also be used in some rifles" and exempting, as specified:
(Penal Code Section 16650.)
a) ammunition designed and intended to be used in an
antique firearm; and
b) blanks.
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : 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 dangerous
criminals, gang members, and the criminally insane from
procuring the ammunition that fuels gun violence. Several
cities require ammunition vendors to check purchasers'
identification and keep records of sales. Those record keeping
systems have been a valuable investigative tool leading law
enforcement agents to criminals that have illegally purchased
ammunition. Nevertheless, the scope of such ordinances is
limited because criminals can circumvent them by going to
neighboring cities without similar requirements and load up on
ammunition. In 2008, the Sacramento Police Department's
ammunition sales records helped lead to the arrest of over 150
felons, rapists, murderers, and other dangerous criminals who
not only illegally possessed ammunition, but numerous firearms
as well. 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. By extrapolating those numbers
statewide, it becomes clear that millions of rounds of
ammunition are being sold to dangerous criminals every year.
SB 53
Page 7
"Senate Bill 53 addresses these deficiencies in the law by
creating comprehensive ammunition regulations that ensure that
criminals and other dangerous individuals cannot purchase
ammunition. 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.
"Senate Bill 53 requires ammunition vendors to be licensed in
order to know who is actually selling ammunition in
California. Additionally, SB 53 requires purchasers to pass a
background check in order to buy ammunition. The Department
of Justice will keep a list of all authorized ammunition
purchasers, which vendors will use to verify that individuals
are not prohibited from purchasing ammunition. By doing so,
this measure will make ammunition accessible only to lawful
gun owners, and not dangerous criminals.
"According to the recent USC Dornsife/Los Angeles Times Poll,
79% of Californians support requiring ammunition buyers to
undergo a background check, and a clear majority of gun owners
(2 out of every 3) want the same. The poll makes clear that
Californians want to prevent criminals, domestic batterers,
and the criminally insane from freely being able to acquire
ammunition. Senate Bill 53 works toward that end by ensuring
that only law-abiding citizens can purchase ammunition in
California."
2)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 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 Section 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
SB 53
Page 8
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 on Parker: 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 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.
4)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
SB 53
Page 9
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.
5)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.
6)Ammunition Purchases by Prohibited Persons : In Los Angeles, a
city ordinance requires that vendors selling any firearm
ammunition within the city limits must record the following
information: (Los Angeles Municipal Code, Ch. V, Section
55.11.)
a) The date of the transaction;
b) The name, address and date of birth of the transferee;
c) The transferee's driver's license or other
identification number and the state in which it was issued;
d) The brand, type and amount of ammunition transferred;
e) The transferee's signature;
f) The name of the sales person who processed the
transaction; and
g) 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.
SB 53
Page 10
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."
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
SB 53
Page 11
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.)
7)Argument in Support : According to the California Police
Chiefs Association , "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."
8)Argument in Opposition: According to the California
Association of Firearms Retailers , "The majority of firearms
retailers are small businesses, and the new cost of complying
SB 53
Page 12
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
ammunition vendors to comply with SB 53. It would cost the
state private-sector jobs and tax revenue."
9)Related Legislation: AB 48 (Skinner), increases the period of
time that a person is prohibited from possessing a firearm
based on a mental illness or mental disorder or a serious
threat of violence communicated to a licensed psychotherapist.
Additionally expands provisions limiting large capacity
magazines. AB 48 is currently awaiting a hearing in Senate
Public Safety Committee.
10)Prior Legislation :
a) SB 427 (De León), of the 2011-2012 Legislative Session,
clarified that ammunition records could not be provided to
a non-authorized person or third-party, unless there is
written consent of the purchaser. Provided that ammunition
vendors must provide local law enforcement written notice
of intent to conduct business. Required a court issuing an
injunction against gang activity to state whether any or
all the defendants are enjoined from possession a firearm.
SB 427 was vetoed by the governor.
b) AB 2358 (De León), of the 2009-2010 Legislative Session,
provided that, commencing February 1, 2011, an ammunition
vendor shall not provide ammunition purchaser information
to any third party without the written consent of the
purchaser, and required that any records no longer required
SB 53
Page 13
to be maintained be destroyed in a manner that protects the
purchaser who is the subject of the record. AB 2358 failed
passage on the Senate floor.
REGISTERED SUPPORT / OPPOSITION :
Support
American Association of University Women, Santa Barbara-Goleta
Valley Branch
American Association of University Women, Santa Maria Branch
Anti-Defamation League
Auburn Area Democratic Club
Bend the Arc
California Chapters of the Brady Campaign
California Church Impact
California Partnership to End Domestic Violence
California Police Chiefs Association
City of Beverly Hills
City of Oakland
CLUE CA
Coalition Against Gun Violence
Coalition Against Gun Violence, Santa Barbara
Coalition to Stop Gun Violence
County of Los Angeles
Courage Campaign
CREDO Action
Diablo Valley Democratic Club
Doctors for America
Friends Committee on Legislation
Jewish Public Affairs Committee of California
Laguna Woods Democratic Club
Law Center to Prevent Gun Violence
Los Angeles Community College District
Los Angeles Mayor
Moms Demand Action for Gun Sense in America
Neighbors United to Protect Our Communities
Niles Discovery Church
PICO California
San Francisco Mayor's Office
Santa Barbara Rape Crisis Center
Sisters of St. Joseph of Orange
South County Citizens Against Gun Violence
Tri-Cities Democratic Forum
Violence Policy Center
SB 53
Page 14
Violence Prevention Coalition of Greater Los Angeles
Violence Prevention Coalition of Orange County
Women Against Gun Violence
Women For: Orange County
Youth Alive
Opposition
California Association of Federal Firearms Licensees
California Association of Firearms Retailers
California Rifle and Pistol Association
California Sportsman's Lobby
California Waterfowl Association
Crossroads of the West
Gun Owners of California
National Rifle Association
National Shooting Sports Foundation
Outdoor Sportsmen's Coalition of California
Safari Club International
Tea Party United
Twenty-three private individuals
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744