BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 156 Hearing Date: May 10, 2016
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|Author: |McCarty |
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|Version: |May 4, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|JRD |
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Subject: Ammunition
HISTORY
Source: Author
Prior Legislation: SB 53 (De León) - failed passage on Assembly
Floor, 2013-2014
SB 427 (De León) - vetoed, 2011-2012
AB 2358 (De León) - failed passage on Senate Floor,
2010
AB 1663 (Hagman) - failed passage in Assembly
Public Safety, 2010
AB 962 (De León) - Ch. 628, Statutes of 2009
AB 2062 (De León) - held in Senate Appropriations
Committee, 2008
AB 362 (De León) - held in Senate Appropriations
Committee, 2007
AB 996 (Ridley-Thomas) - vetoed, 2006
AB 352 (Koretz) - died in conference, 2006
AB 2714 (Torrico) - vetoed, 2005-06
SB 1152 (Scott) - vetoed, 2003-04
Support: California Chapters of the Brady Campaign to Prevent
Gun Violence; Coalition Against Gun Violence, a Santa
Barbara County Coalition; Law Center to Prevent Gun
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Violence
Opposition:Crossroads of the West; California Sportsman's Lobby;
California State Sheriffs' Association; Firearms
Policy Coalition; Outdoor Sportsmen's Coalition of
California; National Rifle Association; National
Shooting Sports Foundation; Safari Club International
Assembly Floor Vote: Not Relevant
PURPOSE
The purpose of this legislation to create a new regulatory
framework for the sale and purchase of ammunition in California,
as specified.
Current law 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 §§ 29650 and 29700.)
Current law 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 § 30300.)
Current law 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 § 30305(a).)
Current law 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 §
30305(b).)
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Current law 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 § 30306.)
Current law 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
§ 30310.)
Current law 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 § 30315.)
Current law 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 prison and a fine of up to $5,000, or both. (Penal
Code § 30320.)
Current law 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
§ 30312.)*
Current law 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 § 30352.):*
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the date of the sale or other transaction;
the purchaser's/transferee's driver's license or ID
number and the state of issuance;
the brand, type, and amount of ammunition sold or
otherwise transferred.
the purchaser's/transferee's signature;
the name of the salesperson who processed the sale or
other transaction;
the right thumbprint of the purchaser or transferee on
the above form;
the purchaser's /transferee's full residential address
and telephone number; and
the purchaser's/transferee's date of birth.
Current law 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 §§ 30355,
30357.)*
Current law requires that handgun ammunition vendors shall not
knowingly make a false entry or fail to make an entry or obtain
the required thumbprint. (Penal Code § 30360.)*
Current law provides that violations of the above laws regarding
handgun ammunition vendors are punishable as a misdemeanor.
(Penal Code § 30365.)*
Current law 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:
ammunition designed and intended to be used in an
antique firearm; and
blanks. (Penal Code § 16650.)*
* Enforcement of these sections is currently stayed per order of
the Fresno County Superior Court in Parker v. State of
California, No. 10 CECG 02116. That order is currently on
appeal.
Ammunition Vendor License
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This bill provides that the term "vendor" for purposes of
ammunition sales means "ammunition vendor," and, commencing on
January 1, 2018, only a licensed ammunition vendor may sell
ammunition, as specified.
This bill defines "ammunition" as one or more loaded cartridges
consisting of a primer case, propellant, and with one or more
projectiles. "Ammunition" does not include blanks.
This bill would authorize the Department of Justice ("the
department") to accept applications for ammunition vendor
licenses, commencing on July 1, 2017, and would create an
application process for ammunition vendors, as specified. This
bill provides that the ammunition vendor license is only valid
for one year and would require the ammunition vendor to conduct
business at a location specified in the license, except in the
case of gun shows or events, as specified. The bill would
require ammunition sales at a gun show or event to comply with
certain requirements pertaining to ammunition transfers and
recordkeeping, the violation of which is a crime.
This bill exempts the following from having to have an
ammunition vendor license:
A commercial hunting club, as defined, provided the
ammunition is used and consumed on the licensed premises
while engaged in lawful hunting activity.
A domesticated game bird hunting club, as defined,
provided the ammunition is used and consumed on the
licensed premises with engage in lawful hunting activity.
A domesticated migratory game bird shooting club, as
defined, provided the ammunition is used and consumed on
the licensed premises while engaged in lawful hunting
activity.
A nonprofit or public benefit corporation, as defined,
that engages in recreational shooting and lawful hunting
activity provided that the ammunition is used and consumed
during the shooting or hunting event conducted by that
nonprofit or public benefit corporation.
A target facility that holds a business or regulatory
license provided that the ammunition is at all times kept
within the facility's premises and used on the premises.
A person who sells no more than 50 rounds of ammunition
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to one vendor in one month or cumulatively sells no more
than 250 rounds per year.
This bill allows the department to charge applicants for a
ammunition vendor license a fee sufficient to cover the
reasonable costs of issuing a certificate of eligibility, as
specified. Except for the following, who the department is
required to, upon request and in a manner prescribed, issue
ammunition vendor licenses:
A firearms dealer, as specified.
A person who is on the centralized list of federal
firearms licensees, as specified.
A gunsmith, as specified.
A wholesaler, as specified.
A manufacturer or importer of firearms or ammunition
with a specified license.
This bill provides that the department is to require that any
agent or employee of a vendor who handles, sells, or delivers
ammunition to obtain and provide to the ammunition vendor a
certificate of eligibility, as specified.
This bill would establish the Ammunition Special Account, into
which vendor license fees would be deposited and made available,
upon appropriation by the Legislature, to the department for
purposes of enforcing the ammunition vendor licensing
provisions.
Ammunition Purchaser Authorization
This bill requires the department to electronically approve the
purchase or transfer of ammunition through a vendor, as
specified. This approval must occur at the time of purchase or
transfer, prior to the purchaser or transferee taking possession
of the ammunition.
This bill specifies that, to determine if the purchaser or
transferee is eligible to purchase or possess ammunition, the
department is required to cross-reference the ammunition
purchaser's or transferee's name, date of birth, current
address, and driver's license or other government identification
number, as specified, with the information maintained in the
Automated Firearms System (AFS). If the purchaser's or
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transferee's information does not match an AFS entry, the
transaction must be denied. If the purchaser's or transferee's
information matches an AFS entry, the department is required to
determine if the purchaser or transferee falls within a class of
persons who are prohibited from owning or possessing ammunition
by cross-referencing the Prohibited Armed Persons file, as
specified. If the purchaser or transferee is prohibited from
owning or possessing a firearm, the transaction is denied. This
bill provides that the department can charge a per-transaction
fee not to exceed one dollar ($1), not to exceed reasonable
regulatory costs, as specified.
This bill prohibits the vendor from providing a purchaser or
transferee ammunition without departmental approval, as
specified.
This bill provides that if a vendor cannot electronically verify
a person's eligibility to purchase or possess ammunition via an
internet connection, the department must provide a phone line to
verify eligibility, as specified.
This bill states that these provisions do not apply to the sale,
delivery, or transfer of ammunition to any of the following, if
properly identified prior to the delivery of the ammunition by
the vendor:
A firearms dealer, as specified.
A person who is on the centralized list of federal
firearms licensees, as specified.
A gunsmith, as specified.
A wholesaler, as specified.
A manufacturer or importer of firearms or ammunition
with a specified license.
An ammunition vendor.
A person whose licensed premises are outside of this
state and who is licensed as a dealer or collector of
firearms, as specified.
A person who is a licensed collector, whose licensed
premises are within the state, and who has a current
certificate of eligibility, as specified.
An authorized law enforcement representative, as
specified.
A sworn peace officer, as specified.
A target facility, as specified.
A person who purchases or receives ammunition at a
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target facility holding a business or other regulatory
license, provided that the ammunition is at all times kept
within the facility's premises and used on the premises.
A commercial hunting club, as specified.
A domesticated game bird hunting club, as specified.
A domesticated migratory game bird shooting club, as
specified.
A participant at a shooting or hunting event conducted
by any of the following:
o A commercial hunting club, as specified,
provided the ammunition is used and consumed on the
licensed premises while engaged in lawful hunting
activity.
o A domesticated game bird hunting club, as
specified, provided the ammunition is used and
consumed on the licensed premises while engaged in
lawful hunting activity.
o A domesticated migratory game bird hunting
club, as specified, provided the ammunition is used
and consumed on the licensed premises while engaged in
lawful hunting activity.
A nonprofit mutual or public benefit corporation, as
specified.
A participant at a shooting or hunting event conducted
by a nonprofit mutual or public benefit corporation, as
specified, provided that the ammunition is used and
consumed during the event.
A person who is authorized to carry loaded firearms, as
specified.
A holder of a special weapons permit, as specified.
A holder of a valid entertainment firearms permit, as
specified.
A person approved by the department for a single
ammunition transaction or purchase, as specified.
This bill requires the Department of Justice to develop a
procedure in which a person who is not prohibited from
purchasing or possessing ammunition may be approved for a single
ammunition transaction or purchase, and allows the department to
charge a fee, as specified.
This bill provides that a violation of these provisions is a
misdemeanor, as specified.
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Ammunition Sale Provisions
This bill provides that the sale, delivery or transfer of
ammunition may only occur in a face-to-face transaction with the
seller, deliverer, or transferor being provided bona fide
evidence of identity from the purchaser or transferee, provided,
however, 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. This section, does not apply to or
affect the sale, delivery or transfer of ammunition to any of
the following:
A firearms dealer, as specified.
A person who is on the centralized list of federal
firearms licensees, as specified.
A gunsmith, as specified.
A wholesaler, as specified.
A manufacturer or importer of firearms or ammunition
with a specified license.
An ammunition vendor.
A person whose licensed premises are outside of this
state and who is licensed as a dealer or collector of
firearms, as specified.
A person who is a licensed collector, whose licensed
premises are within the state, and who has a current
certificate of eligibility, as specified.
An authorized law enforcement representative, as
specified.
A sworn peace officer, as specified.
A target facility, as specified.
A commercial hunting club, as specified.
A domesticated game bird hunting club, as specified.
A domesticated migratory game bird shooting club, as
specified.
A nonprofit mutual or public benefit corporation, as
specified.
A consultant-evaluator.
A contract or common carrier or an authorized agent or
employee thereof, as specified.
This bill provides that, when neither party in an ammunition
sale is a vendor, the following applies:
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The seller must deliver the ammunition to the vendor to
process the transaction. The ammunition vendor may charge
a fee not exceeding ten dollars to process the transaction.
The vendor must then promptly and properly deliver the
ammunition to the purchaser, if the sale is not prohibited,
as if the ammunition were the vendor's own merchandise.
If the vendor cannot legally deliver the ammunition to
the purchaser, the vendor must return the ammunition to the
seller, as specified.
This bill provides that the sale of ammunition between the
following is authorized so long as it does not exceed fifty
rounds per month:
The sale of ammunition between licensed hunters while
engaged in lawful hunting activity.
The same of ammunition between immediate family members,
spouses, or registered domestic partners.
This bill prohibits, as of July 1, 2019, a resident of this
state from bringing or transporting into this state any
ammunition from outside of this state, unless he or she first
has the ammunition delivered to an ammunition vendor in this
state, as specified. The following are exempt from this
requirement:
A firearms dealer, as specified.
A person who is on the centralized list of federal
firearms licensees, as specified.
A gunsmith, as specified.
A wholesaler, as specified.
A manufacturer or importer of firearms or ammunition
with a specified license.
An ammunition vendor.
A person who is a licensed collector, whose licensed
premises are within the state, and who has a current
certificate of eligibility, as specified.
An authorized law enforcement representative, as
specified.
A sworn peace officer, as specified.
A contract or common carrier or an authorized agent or
employee thereof, as specified.
A person who purchases the ammunition from an immediate
family member, spouse, or registered domestic partner if
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the person brings or transports into this state no more
than 50 rounds.
The executor or administrator of an estate that includes
ammunition.
A person that at the time he or she acquired the
ammunition was not a resident of this state.
Ammunition that is imported into this county, as
specified.
A licensed hunter who purchased the ammunition outside
of this state for use in a lawful hunting activity that
occurred outside of this state if the person brings or
imports not more than 50 rounds into this state and the
ammunition is designed and intended for use in the firearm
the hunter used in that hunting activity.
A person who attended and participated in an organized
competitive match or league competition that involves the
use of firearms in a match or competition, as specified,
and the person brings or imports into this state no more
than 50 rounds of ammunition designed and intended to be
used in the firearm the person used in the match or
competition.
This bill requires an ammunition vendor to, commencing on July
1, 2019, electronically submit<1> specified purchaser
information to the department, in a manner prescribed by the
department, including:
The purchaser's full name.
The purchaser's or transferee's driver's license or
other identification number and the state in which it was
issued.
The date of the sale or other transaction.
The brand, type, and amount of ammunition sold or
otherwise transferred.
--------------------------
<1> In the case that a vendor cannot submit the information
electronically via an Internet connection, this requires that
the the department provide a telephone line to submit the
information if the vendor can demonstrate legitimate geographic
and telecommunications limitations to submitting the information
electronically, and the department approves the vendor's use of
the telephone line.
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The name of the salesperson who processed the sale or
other transaction.
The purchaser's or transferee's full residential address
and telephone number.
The purchaser's or transferee's date of birth.
The bill would require the department to retain this purchaser
information for two years in a database to be known as the
Ammunition Purchase Records file and would prescribe the
authority if the department and other entities to use this file,
as specified. The following are exempted from this requirement:
A firearms dealer, as specified.
A person who is on the centralized list of federal
firearms licensees, as specified.
A gunsmith, as specified.
A wholesaler, as specified.
A manufacturer or importer of firearms or ammunition
with a specified license.
An authorized law enforcement representative, as
specified.
A sworn peace officer, as specified.
A target facility, as specified.
A person who purchases or receives ammunition at a
target facility holding a business or other regulatory
license, provided that the ammunition is at all times kept
within the facility's premises and used on the premises.
A commercial hunting club, as specified.
A domesticated game bird hunting club, as specified.
A domesticated migratory game bird shooting club, as
specified.
A participant at a shooting or hunting event conducted
by any of the following:
o A commercial hunting club, as specified,
provided the ammunition is used and consumed on the
licensed premises while engaged in lawful hunting
activity.
o A domesticated game bird hunting club, as
specified, provided the ammunition is used and
consumed on the licensed premises while engaged in
lawful hunting activity.
o A domesticated migratory game bird hunting
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club, as specified, provided the ammunition is used
and consumed on the licensed premises while engaged in
lawful hunting activity.
A nonprofit mutual or public benefit corporation, as
specified.
A participant at a shooting or hunting event conducted
by a nonprofit mutual or public benefit corporation, as
specified, provided that the ammunition is used and
consumed during the event.
This bill states that an ammunition vendor shall not knowingly
make a false entry in, or fail to make a required entry of
information, as specified.
This bill makes a violation of these provisions a misdemeanor,
as specified.
This bill, additionally, makes it a misdemeanor for a person,
corporation, firm, or other business enterprise to provide, as
specified, ammunition to an individual that the person,
corporation, firm, or other business entity knows or has cause
to believe is not the actual purchaser or transferee of the
ammunition, or knows of has cause to believe that the ammunition
is to be sold or transferred to a person prohibited from
possessing or owning ammunition.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized
legislation referred to its jurisdiction for any potential
impact on prison overcrowding. Mindful of the United States
Supreme Court ruling and federal court orders relating to the
state's ability to provide a constitutional level of health care
to its inmate population and the related issue of prison
overcrowding, this Committee has applied its "ROCA" policy as a
content-neutral, provisional measure necessary to ensure that
the Legislature does not erode progress in reducing prison
overcrowding.
On February 10, 2014, the federal court ordered California to
reduce its in-state adult institution population to 137.5% of
design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
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141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In December of 2015 the administration reported that as "of
December 9, 2015, 112,510 inmates were housed in the State's 34
adult institutions, which amounts to 136.0% of design bed
capacity, and 5,264 inmates were housed in out-of-state
facilities. The current population is 1,212 inmates below the
final court-ordered population benchmark of 137.5% of design bed
capacity, and has been under that benchmark since February
2015." (Defendants' December 2015 Status Report in Response to
February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge
Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One
year ago, 115,826 inmates were housed in the State's 34 adult
institutions, which amounted to 140.0% of design bed capacity,
and 8,864 inmates were housed in out-of-state facilities.
(Defendants' December 2014 Status Report in Response to February
10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman
v. Brown, Plata v. Brown (fn. omitted).)
While significant gains have been made in reducing the prison
population, the state must stabilize these advances and
demonstrate to the federal court that California has in place
the "durable solution" to prison overcrowding "consistently
demanded" by the court. (Opinion Re: Order Granting in Part and
Denying in Part Defendants' Request For Extension of December
31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,
Coleman v. Brown, Plata v. Brown (2-10-14). The Committee's
consideration of bills that may impact the prison population
therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed
to reducing the prison population;
Whether a proposal addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly
dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or
legislative drafting error; and
Whether a proposal proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy.
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COMMENTS
1.Ammunition Purchases by Prohibited Persons: The Scope of The
Problem
In Los Angeles, a city ordinance requires that vendors selling
any firearm ammunition within the city limits must record the
following information:
The date of the transaction;
The name, address and date of birth of the transferee;
The transferee's driver's license or other
identification number and the state in which it was issued;
The brand, type and amount of ammunition transferred;
The transferee's signature;
The name of the sales person who processed the
transaction; and
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.
(Los Angeles Municipal Code, Ch. V, § 55.11.)
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
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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
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
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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.
People who buy ammunition in the city of Los Angeles
must show a driver's license or other photo
identification and leave a fingerprint with the
seller, who maintains records about the transaction.
An unsuccessful bill introduced in the California
legislature in 2005 would have required ammunition
dealers in California to log all ammunition sales and
their purchasers in a state database.
The RAND study says if lawmakers want to prohibit the
illegal sale of ammunition they could extend the
instant background checks required before guns are
sold to also cover the sale of ammunition.
However, unless such a step was taken at the state
level, buyers could simply purchase ammunition in a
nearby city to get around a local law. In addition,
people prohibited from purchasing ammunition could
begin buying ammunition from unregulated private
sellers in the secondary firearms markets, researchers
said.
However, studies conducted by other researchers in
different communities with high levels of gun violence
found that more careful enforcement of ammunition
purchases may not necessarily lead to the creation of
a black market in ammunition, according to
researchers.
Another alternative is for law enforcement officials
to take advantage of ammunition sales records to
provide tips about felons who may illegally possess
firearms, according to researchers. Ammunition logs
have been used by Los Angeles area law enforcement
officials to obtain search warrants that have led to
the recovery of illegal firearms, according to the
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study.
Researchers say their study was limited by the small
number of ammunition sales outlets involved and the
relatively brief study period. Most of the outlets
studied are located in the San Fernando Valley in the
northern section of Los Angeles.
(http://www.rand.org/congress/newsletters/safety_justic
e/1106/ammunition.html.)
2.Background - 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 §§ 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 § 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.<2> As a result of this finding the Court enjoined
the State Attorney 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
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<2> Old Penal Code section 12318 defines "handgun ammunition by
cross-reference to old section 12323(a), now renumbered section
16650.
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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.)
The state appealed this decision and the 5th District Court
of Appeal stated in its holding,
This appeal presents a facial challenge under the
void-for-vagueness doctrine to a
statutory scheme within the Penal Code regulating the
sale, display, and transfer of "handgun ammunition."
The statutes at issue, former sections 12060, 12061
and 12318, defined "handgun ammunition" as ammunition
"principally for use" in handguns as opposed to rifles
and other firearms. In the proceedings below,
respondents challenged the constitutionality of these
statutes on grounds that they failed to provide
adequate notice of the conduct proscribed and lacked
sufficiently definite guidelines to prevent arbitrary
or discriminatory enforcement by police.
The trial court agreed with respondents, declaring the
challenged statutes constitutionally invalid and
issuing a permanent injunction against their
enforcement. Appellants contend the statutes are not
unconstitutional because it is possible to conceive of
circumstances in which the statutory language would
not be vague. These issues are addressed in the first
part of our opinion. The second part of the opinion
pertains to the trial court's partial denial of a
motion to tax costs filed by appellants after the
permanent injunction was issued. We affirm the
judgment in full. (Parker v. State of California,
221 Cal. App. 4th 340, 346-47 (Cal. App. 5th Dist.
2013).)
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Parker v. State of California is currently pending before
the California Supreme Court.
3. Effect of this Legislation
This legislation repeals and reconstructs the provisions of the
Penal Code relating to ammunition vendors. In doing so, this
legislation sets up a new regulatory framework for the sale and
purchase of ammunition in California. First, this legislation
applies its provisions to all ammunition, thereby avoiding the
vagueness concerns raised in the Parker case. As discussed in
detail above, this legislation:
Requires anyone wishing to sell ammunition in California
to obtain an Ammunition Vendor's License.
Requires licensed ammunition vendors to have ammunition
transactions approved by the department prior to delivering
the ammunition to the purchaser. The department would then
perform a real-time approval by utilizing its current
databases to determine if: (1) the purchaser has a firearm;
and, (2) if the purchaser has a firearm in the system,
whether the purchaser is a prohibited person. If the
purchaser has a firearm and is not prohibited, the
transaction will be approved.
Requires ammunition vendors to collect certain purchaser
information.
Requires that ammunition be sold and purchased in a
face-to-face transaction.<3>
Prohibits a resident of this state from bringing or
transporting into this state any ammunition from outside of
this state, unless he or she first has the ammunition
delivered to an ammunition vendor in this state.
Exempts a number of categories of individuals from its
--------------------------
<3> This legislation states 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.
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provisions.
Thus, in order to purchase ammunition in California, an
individual would have to pay a transaction fee, which is set at
a maximum of one-dollar, and have at least one firearm in the
department's Automated Firearms System. Since the Department of
Justice did not begin collecting long gun records until 2014,
there are likely a number of firearms owners in California that
do not have firearms in the Automated Firearms System. For
those individuals, and others, the Department of Justice has an
existing procedure that would allow firearms owners to report
firearms ownership.
(https://oag.ca.gov/sites/all/files/agweb/pdfs/firearms
/forms/volreg. Pdf?.)
4. Safety for All Act of 2016
On May 3, 2016, the Assembly and Senate Committees on Public
Safety held a joint hearing on the Safety for All Act of 2016,
pursuant to Elections Code section 9034.
At this joint hearing, members of the committees heard from the
Legislative Analyst's Office, as well as the proponents and
opponents of the initiative. While the initiative makes a
variety of changes to California's firearms laws, its proposed
modifications to ammunition regulation is particularly relevant
to this measure.
According to the Legislative Analyst's Office:
This measure regulates all ammunition sales in a manner
similar to firearm sales. The measure defines ammunition as
"one or more loaded cartridges consisting of a primed case,
propellant, and with one or more projectiles."
Ammunition Vendor Licenses. Under the measure, vendors must
obtain a one-year ammunition vendor license from DOJ to
sell more than 500 rounds of ammunition in a 30-day period.
In order to obtain a license, vendors would need to meet a
number of requirements, such as not being a prohibited
person and meeting certain other federal, state, or local
government requirements. Firearms dealers complying with
AB 156 (McCarty ) PageV
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existing federal and state licensing requirements related
to firearms would be automatically deemed licensed
ammunition vendors. Failure to comply with the licensing
requirements would be a misdemeanor, punishable by a fine
and/or county jail. The measure authorizes DOJ to charge a
licensing fee to support its costs to administer and
enforce the above licensing requirements.
Ammunition Purchase Authorizations. The measure also
requires an individual seeking to purchase ammunition to
obtain a four-year ammunition purchase authorization from
DOJ beginning in July 2019. In order to receive such
authorization, the individual must be 18 or over and not a
prohibited person. In addition, ammunition vendors would be
required to verify with DOJ that an individual has an
ammunition purchase authorization before completing a
transaction. The measure also requires ammunition vendors
to collect and submit specified information-such as the
date of the transaction, the purchasers' identification
information, and the type of ammunition purchased-to DOJ
for retention in a centralized database for law enforcement
purposes. The measure authorizes DOJ to charge a fee from
individuals seeking an ammunition purchase authorization to
support its costs for administering and enforcing the above
requirements. The measure limits the fee to $50 per person,
but allows the fee to be adjusted annually for inflation.
Other Requirements. The measure also includes a number of
other regulatory requirements related to ammunition. For
example, the measure requires that nearly all ammunition
sales (including Internet and out-of-state purchases) be
conducted through a licensed ammunition vendor beginning in
2018. In addition, firearms dealers and ammunition vendors
must require employees who handle, sell, or deliver firearms
or ammunition to obtain and provide certification from DOJ
demonstrating that they are not a prohibited person.
Finally, ammunition vendors who sell to an individual who
they know or have cause to believe is obtaining the
ammunition on behalf of a prohibited person would be guilty
of an infraction (punishable by a fine) or misdemeanor
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(punishable by a fine and/or imprisonment in county jail).
(http://www.lao.ca.gov/BallotAnalysis/Initiative/2015-098.)
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