BILL ANALYSIS Ó SB 53 Page 1 Date of Hearing: August 14, 2013 ASSEMBLY COMMITTEE ON APPROPRIATIONS Mike Gatto, Chair SB 53 (De Leon) - As Amended: June 27, 2013 Policy Committee: Public SafetyVote:5-2 Urgency: No State Mandated Local Program: Yes Reimbursable: No SUMMARY This bill further regulates the sale of ammunition. Specifically, this bill: 1)Requires, beginning July 1, 2015, all ammunition vendors to be licensed by the Department of Justice (DOJ). DOJ may charge applicants a fee sufficient to cover administrative costs. A license is good for one year and may be revoked for cause, as specified. DOJ would be authorized to grant license to vendors who are not prohibited by state law from possessing a gun, and who provide a business license, a valid seller's permit, and a DOJ-issued certificate of eligibility. DOJ shall issue licenses to: a) Licensed gun dealers. b) Persons on DOJ's centralized list (see Summary #6 and #7, below). c) Target facilities. d) Gunsmiths. e) Wholesalers. f) Manufacturers. 2)Requires DOJ to maintain records of ammunition vendor licenses issued, ammunition purchase permits issued, and ammunition sales, as it does for gun sales. 3)Requires the sale of ammunition to be conducted at the location specified in the ammunition vendor license, with the exception of a gun show or event, as defined. SB 53 Page 2 4)Provides ammunition may be purchased over the Internet or via remote ordering if an ammunition vendor initially receives the ammunition and processes the transfer, as specified. 5)Requires ammunition vendors to record the date, purchaser identification and thumbprint, type and amount of any ammunition purchased - not just handgun ammunition - and beginning July 1, 2015, to provide this information to DOJ. 6)Effective July 1, 2015, allows only persons authorized, as specified, to purchase ammunition. Ammunition vendors must verify a purchaser is authorized by comparing the purchaser's California driver's license or ID card with the authorization number on the centralized list of ammunition purchasers. Persons authorized to purchase ammunition include: a) Persons with ammunition purchase authorization from DOJ. To receive such authorization, a person must be over 18, must not be prohibited from purchasing ammunition by state law, and must pay a fee to cover administrative costs. b) Persons authorized to carry a loaded gun, holders of a special weapons permit, or holders of a DOJ-issues certificate of eligibility. c) Out-of-state purchasers who can document that he or she would not be prohibited from possessing ammunition in California. (This provision exempts law enforcement, licensed gun dealers, ammunition vendors, gunsmiths, wholesalers, manufacturers, and target ranges.) 7)Requires DOJ to establish a centralized list of persons authorized to purchase ammunition. An individual's purchase authorization number shall be the same as the person's driver's license or ID number. Access to the list shall be provided to vendors and law enforcement. DOJ is authorized to charge purchase authorization applicants an initial fee to cover administrative costs. 8)Makes violation of ammunition vendor requirements a misdemeanor. SB 53 Page 3 9)Requires DOJ to use the Armed Prohibited Persons File (APPS), to cross reference ammunition purchasers with person who are prohibited from possessing ammunition. 10)Requires DOJ, prior to July 1, 2015, to issue regulations on internet sales and remote ordering, as specified. FISCAL EFFECT Significant one-time and ongoing special fund fee-based costs - in the low tens of millions - over several years for ammunition purchase authorization and vendor licensing. This assumes six million ammunition purchasers, based on 20% to 30% of the population owning guns. Though costs would be covered by fees, the issue of funding for start-up costs is a concern, as it is not clear that projected Dealer Record of Sale (DROS) reserves would be sufficient to serve as a bridge to the new fee revenues. According to a detailed analysis from DOJ: 1)Ammunition purchase authorization . These costs would be covered by applicant fees, which would be deposited into the Dealer Record of Sale (DROS) Account. a) One-time costs for a new database to determine an individual's eligibility to purchase ammunition, including background checks and system maintenance: $37 million over the first three years. b) Ongoing costs in the $2 million range for ongoing applications, system maintenance, and vendor oversight. 2)Vendor licensing . These costs would be covered by applicant fees, which would be deposited into the Ammunition Vendor Special Account, created by this bill. a) One-time costs in the $1.5 million range for software development and staffing. b) Ongoing costs in the $400,000 range for background checks and oversight. The author has indicated interest in constructing a phase-in for the ammunition purchase authorization component of the bill, while the bill is on the Suspense File, in recognition of start-up cost issues. SB 53 Page 4 COMMENTS 1)Rationale . The author wishes to facilitate the enforcement of current ammunition restrictions by creating a structure to enforce current law and track ammunition sales. 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. "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. 2)Current Law - which has been stayed: a) Provides a handgun ammunition vendor may not sell or transfer handgun ammunition without recording the following information on a form prescribed by DOJ: SB 53 Page 5 i) Date of transaction. ii) Purchaser's identification, birthdate, address, thumbprint, phone number, signature. iii) Brand, type, and amount of ammunition b) Requires the sale or transfer of handgun ammunition to occur face-to-face. c) Provides that no person prohibited from owning or possessing a gun may possess ammunition. Violation is an alternate felony/misdemeanor. 3)The current status of ammunition record-keeping and tracking law is somewhat hazy as it is the subject of a legal challenge and a stay in Parker v. California. AB 962 (De León), Chap. 628, Statutes of 2009, created several new requirements regarding handgun ammunition sales, requiring that handgun ammunition sellers obtain personal identification information from buyers and that delivery of handgun ammunition take place in a face-to-face transaction The Superior Court ruled that the definition of handgun ammunition was constitutionally vague. The case is currently before the 5th Appellate District in California. This bill would amend several provisions of current law regarding ammunition sales, which were the subject of the Parker ruling. Specifically, this bill would delete reference in these statutes to handgun ammunition, and apply ammunition transfer requirements to all forms of ammunition. SB 53 proponents contend this eliminates the vagueness issue citied by the Court in Parker and will render current litigation regarding AB 962 moot. Opponents of this bill cite the veto message regarding AB 427 (De Leon, 2011), which sought to clarify the intent of SB 962, in which Governor Brown stated "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." 4)Supporters include a lengthy list of organizations opposing gun violence, the cities of L.A. and Oakland, the County of L.A., and the CA Police Chiefs Association. According to the Police Chiefs, "Under this proposal, a statewide standard on SB 53 Page 6 ammunition sales would be created, providing law enforcement with clear information on who is selling and buying ammunition." 5)Opponents include gun and sport advocates, including the NRA, Gun Owners of CA, and the CA Rifle and Pistol Association. According to the CA Association of Firearms Retailers, "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." 6)Technical amendments. a) The author may wish to clarify how out-of-state visitors could purchase ammunition. It is not clear how they would be able to document non-prohibited status. b) It is not clear why the proposed Ammunition Vendor Special Account is "of the General Fund." This phrase should be deleted. c) The reference to subdivision (i) in 30370(a)(3) should be to (g). Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081