BILL ANALYSIS Ó
SB 53
Page 1
SENATE THIRD READING
SB 53 (De León)
As Amended August 22, 2014
Majority vote
SENATE VOTE :23-15
PUBLIC SAFETY 5-2
-----------------------------------------------------------------
|Ayes:|Ammiano, Jones-Sawyer, | | |
| |Quirk, Skinner, Stone | | |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Melendez, Waldron | | |
| | | | |
-----------------------------------------------------------------
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, 2016, 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
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
SB 53
Page 2
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)Includes "ammunition" in 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.
10)Requires 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.
11)Provides that legislative intent to ensure that prohibited
persons do not have access to ammunition by requiring that any
individual who wants to purchase ammunition in California have
a background check, and to streamline the ammunition
application process. The Legislature also finds and declares
that due to technological restrictions and cost concerns, a
felony-only background check is the only background check that
can be performed for ammunition purchases. Furthermore, the
Legislature finds and declares that given that the existing
firearms eligibility background check is more extensive than
the ammunition authorization felony screening, rather than
requiring firearms owners to go through a new background
check, DOJ may use automated firearms records of sales to
reference the Prohibited Armed Persons File to verify that a
firearms owner has not become prohibited from purchasing
ammunition.
SB 53
Page 3
12)Exempts contract or common carriers or their authorized
agents, when acting in conformance with applicable federal
law, from the requirement that delivery or transfer of handgun
ammunition must be made face to face with bona fide evidence
of identity.
13)Requires vendor licenses with a requirement that vendors
submit ammunition sales records to DOJ to run daily against
the Armed Prohibited Persons Database.
14)Exempts validly licensed hunters from the ammunition
face-to-face purchase requirements which permits online sales.
15)Authorizes funding from the Firearms Safety and Enforcement
Special Fund upon appropriation from the DOJ for the purposes
of implementing the provisions of this bill.
16)Add double joining language to prevent chaptering out issues
with SB 808 (De León) of the current legislative session,
should both bills become operative.
17)Incorporate the changes made by the recently chaptered AB
1798 (Public Safety Committee), Chapter 103, Statutes of 2014
to prevent chaptering issues.
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
SB 53
Page 4
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 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
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
SB 53
Page 5
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 [University of Southern California]
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."
Please see the policy committee analysis for a full discussion
of this bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0005324