BILL ANALYSIS Ó
SB 53
Page 1
SENATE THIRD READING
SB 53 (De León)
As Amended September 6, 2013
Majority vote
SENATE VOTE :23-15
PUBLIC SAFETY 5-2 APPROPRIATIONS 11-6
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|Ayes:|Ammiano, Jones-Sawyer, |Ayes:|Gatto, Bocanegra, |
| |Mitchell, Quirk, Skinner | |Bradford, |
| | | |Ian Calderon, Campos, |
| | | |Gomez, Hall, Holden, Pan, |
| | | |Quirk, Weber |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron |Nays:|Harkey, Bigelow, |
| | | |Donnelly, Eggman, Linder, |
| | | |Wagner |
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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, into which
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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,
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 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.
9)Requires, commencing July 1, 2016, and subject to exceptions,
the purchaser of ammunition to be authorized to purchase
ammunition by the DOJ, as specified. This bill, commencing
January 1, 2016, authorizes issuance of ammunition purchase
authorizations by the DOJ to applicants, at least 18 years of
age, not prohibited from acquiring or possessing ammunition,
and who pay the required fees, as specified.
10)Specifies that applicants for ammunition purchase
authorizations shall submit fingerprints and related
information required by DOJ to DOJ for the purpose of
obtaining information as to the existence of state and/or
federal criminal history reports.
11)Establishes a centralized list of persons authorized to
purchase ammunition.
12)Commencing July 1, 2016, the vendor shall electronically
verify that the person is authorized to purchase ammunition by
referencing the centralized list of authorized ammunition
purchasers. If the person is not listed as an authorized
ammunition purchaser, the vendor shall deny the sale.
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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
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.
h) Specified law enforcement agencies and officers
authorized to carry firearms.
14)Establishes requirements with respect to ammunition purchase
permits, as specified.
15)Includes "ammunition" in the Armed Prohibited Persons System
(APPS) provisions to integrate ammunition purchaser database
with the APPS list. Requires ammunition vendors to submit
records of sales to DOJ.
16)Requires the DOJ to submit a report to the Legislature
concerning recommended improvements to background checks,
examination of costs for maintaining an enhanced system of
background checks, the feasibility of integrating systems, and
other specified related topics.
17)Specifies that ammunition may be transferred if purchased
over the Internet or other means of remote ordering if an
ammunition vendor in California initially receives the
ammunition and processes the transfer in compliance with
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specified provisions. An ammunition vendor is not required to
house ammunition orders longer than 30 days.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, 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)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.
2)Ammunition purchase background checks :
a) One-time special fund costs of about $600,000 and
ongoing special fund costs of about $3.4 million for
staffing to process vendor and ammunition purchaser
background checks.
b) One-time special fund costs of about $900,000 and
ongoing special fund costs of about $1.8 million for
database design, support, enhancement, and maintenance.
These costs would be covered by applicant fees, which would
be deposited into the Dealer Record of Sale (DROS) Account
and the Ammunition Vendor's Special Account.
COMMENTS : 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
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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.
"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."
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Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0002562