BILL ANALYSIS Ó
SB 53
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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.
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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.
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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.
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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:
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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
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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