BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 156|
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THIRD READING
Bill No: AB 156
Author: McCarty (D), et al.
Amended: 5/17/16 in Senate
Vote: 21
PRIOR VOTES NOT RELEVANT
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 5/10/16
AYES: Hancock, Glazer, Leno, Liu, Monning
NOES: Anderson, Stone
SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/16/16
AYES: Lara, Beall, Hill, McGuire, Mendoza
NOES: Bates, Nielsen
ASSEMBLY FLOOR: Not relevant
SUBJECT: Ammunition
SOURCE: Author
DIGEST: This bill creates a new regulatory framework for the
sale and purchase of ammunition in California.
ANALYSIS:
Existing law:
1) 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,
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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.)
2) 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.)
3) 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).)
4) 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).)
5) 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.)
6) 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.)
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7) 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.)
8) 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.)
9) 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.)*
10)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.):*
a) The date of the sale or other transaction;
b) The purchaser's/transferee's driver's license or ID
number and the state of issuance;
c) The brand, type, and amount of ammunition sold or
otherwise transferred;
d) The purchaser's/transferee's signature;
e) The name of the salesperson who processed the sale or
other transaction;
f) The right thumbprint of the purchaser or transferee on
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the above form;
g) The purchaser's /transferee's full residential address
and telephone number; and
h) The purchaser's/transferee's date of birth.
11)Requires that handgun ammunition vendors must keep these
records for a period of not less than five years and must
make these records available to inspection by specified law
enforcement during normal business hours. (Penal Code §§
30355, 30357.)*
12)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.)*
13)Provides that violations of the above laws regarding handgun
ammunition vendors are punishable as a misdemeanor. (Penal
Code § 30365.)*
14)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:
a) Ammunition designed and intended to be used in an
antique firearm; and
b) 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.)
This bill:
Ammunition Vendor License
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1) 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.
2) 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.
3) Authorizes the Department of Justice (department) to accept
applications for ammunition vendor licenses, commencing on
July 1, 2017, and creates an application process for
ammunition vendors, as specified. This bill provides that
the ammunition vendor license is only valid for one year and
requires 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 requires 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.
4) Exempts the following from having to have an ammunition
vendor license:
a) A commercial hunting club, as defined, provided the
ammunition is used and consumed on the licensed premises
while engaged in lawful hunting activity.
b) 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.
c) 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.
d) A nonprofit or public benefit corporation, as defined,
that engages in recreational shooting and lawful hunting
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activity provided that the ammunition is used and consumed
during the shooting or hunting event conducted by that
nonprofit or public benefit corporation.
e) 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.
f) A person who sells no more than 100 rounds of
ammunition to one vendor in one month or cumulatively
sells no more than 250 rounds per year.
5) 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) A firearms dealer, as specified.
b) A person who is on the centralized list of federal
firearms licensees, as specified.
c) A gunsmith, as specified.
d) A wholesaler, as specified.
e) A manufacturer or importer of firearms or ammunition
with a specified license.
6) 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.
7) Establishes 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.
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Ammunition Purchaser Authorization
8) 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.
9) 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
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 $1, not to exceed reasonable regulatory costs,
as specified.
10)Prohibits the vendor from providing a purchaser or
transferee ammunition without departmental approval, as
specified.
11)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.
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12)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) A firearms dealer, as specified.
b) A person who is on the centralized list of federal
firearms licensees, as specified.
c) A gunsmith, as specified.
d) A wholesaler, as specified.
e) A manufacturer or importer of firearms or ammunition
with a specified license.
f) An ammunition vendor.
g) A person whose licensed premises are outside of this
state and who is licensed as a dealer or collector of
firearms, as specified.
h) A person who is a licensed collector, whose licensed
premises are within the state, and who has a current
certificate of eligibility, as specified.
i) An authorized law enforcement representative, as
specified.
j) A sworn peace officer, as specified.
aa) A target facility, as specified.
bb) 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.
cc) A commercial hunting club, as specified.
dd) A domesticated game bird hunting club, as specified.
ee) A domesticated migratory game bird shooting club, as
specified.
ff) A participant at a shooting or hunting event conducted
by any of the following:
i) A commercial hunting club, as specified, provided
the ammunition is used and consumed on the licensed
premises while engaged in lawful hunting activity.
ii) 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.
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iii) 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.
gg) A nonprofit mutual or public benefit corporation, as
specified.
hh) 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.
ii) A person who is authorized to carry loaded firearms,
as specified.
jj) A holder of a special weapons permit, as specified.
aaa) A holder of a valid entertainment firearms permit, as
specified.
bbb) A person approved by the department for a single
ammunition transaction or purchase, as specified.
13)Requires the department 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.
14)Provides that a violation of these provisions is a
misdemeanor, as specified.
Ammunition Sale Provisions
15)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
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of the following:
a) A firearms dealer, as specified.
b) A person who is on the centralized list of federal
firearms licensees, as specified.
c) A gunsmith, as specified.
d) A wholesaler, as specified.
e) A manufacturer or importer of firearms or ammunition
with a specified license.
f) An ammunition vendor.
g) A person whose licensed premises are outside of this
state and who is licensed as a dealer or collector of
firearms, as specified.
h) A person who is a licensed collector, whose licensed
premises are within the state, and who has a current
certificate of eligibility, as specified.
i) An authorized law enforcement representative, as
specified.
j) A sworn peace officer, as specified.
aa) A target facility, as specified.
bb) A commercial hunting club, as specified.
cc) A domesticated game bird hunting club, as specified.
dd) A domesticated migratory game bird shooting club, as
specified.
ee) A nonprofit mutual or public benefit corporation, as
specified.
ff) A consultant-evaluator.
gg) A contract or common carrier or an authorized agent or
employee thereof, as specified.
1) Provides that, when neither party in an ammunition sale is a
vendor, the following applies:
a) The seller must deliver the ammunition to the vendor
to process the transaction. The ammunition vendor may
charge a fee not exceeding $10 to process the transaction.
b) 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
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merchandise.
c) If the vendor cannot legally deliver the ammunition to
the purchaser, the vendor must return the ammunition to
the seller, as specified.
d) Exempts a person whose premises are outside of this
state when directly selling and shipping ammunition to a
law enforcement agency within the state from the
requirement that the sale be processed through a vendor.
2) Provides that the sale of ammunition between the following
is authorized so long as it does not exceed 50 rounds per
month:
a) The sale of ammunition between licensed hunters while
engaged in lawful hunting activity.
b) The same of ammunition between immediate family
members, spouses, or registered domestic partners.
3) 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) A firearms dealer, as specified.
b) A person who is on the centralized list of federal
firearms licensees, as specified.
c) A gunsmith, as specified.
d) A wholesaler, as specified.
e) A manufacturer or importer of firearms or ammunition
with a specified license.
f) An ammunition vendor.
g) A person who is a licensed collector, whose licensed
premises are within the state, and who has a current
certificate of eligibility, as specified.
h) An authorized law enforcement representative, as
specified.
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i) A sworn peace officer, as specified.
j) A contract or common carrier or an authorized agent or
employee thereof, as specified.
aa) A person who purchases the ammunition from an
immediate family member, spouse, or registered domestic
partner if the person brings or transports into this state
no more than 50 rounds.
bb) The executor or administrator of an estate that
includes ammunition.
cc) A person that at the time he or she acquired the
ammunition was not a resident of this state.
dd) Ammunition that is imported into this county, as
specified.
ee) 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.
ff) 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.
1) Requires an ammunition vendor to, commencing on July 1,
2019, electronically submit specified purchaser information
to the department, in a manner prescribed by the department,
including:
a) The purchaser's full name.
b) The purchaser's or transferee's driver's license or
other identification number and the state in which it was
issued.
c) The date of the sale or other transaction.
d) The brand, type, and amount of ammunition sold or
otherwise transferred.
e) The name of the salesperson who processed the sale or
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other transaction.
f) The purchaser's or transferee's full residential
address and telephone number.
g) The purchaser's or transferee's date of birth.
1) Requires the department to retain this purchaser information
for two years in a database to be known as the Ammunition
Purchase Records file and prescribes the authority if the
department and other entities to use this file, as specified.
The following are exempted from this requirement:
a) A firearms dealer, as specified.
b) A person who is on the centralized list of federal
firearms licensees, as specified.
c) A gunsmith, as specified.
d) A wholesaler, as specified.
e) A manufacturer or importer of firearms or ammunition
with a specified license.
f) An authorized law enforcement representative, as
specified.
g) A sworn peace officer, as specified.
h) A target facility, as specified.
i) 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.
j) A commercial hunting club, as specified.
aa) A domesticated game bird hunting club, as specified.
bb) A domesticated migratory game bird shooting club, as
specified.
cc) A participant at a shooting or hunting event conducted
by any of the following:
i) A commercial hunting club, as specified, provided
the ammunition is used and consumed on the licensed
premises while engaged in lawful hunting activity.
ii) 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.
iii) A domesticated migratory game bird hunting club,
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as specified, provided the ammunition is used and
consumed on the licensed premises while engaged in
lawful hunting activity.
dd) A nonprofit mutual or public benefit corporation, as
specified.
ee) 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.
2) States that an ammunition vendor shall not knowingly make a
false entry in, or fail to make a required entry of
information, as specified.
3) Makes a violation of these provisions a misdemeanor, as
specified.
4) 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.
Comments
This bill repeals and reconstructs the provisions of the Penal
Code relating to ammunition vendors. In doing so, this bill
sets up a new regulatory framework for the sale and purchase of
ammunition in California. First, this bill applies its
provisions to all ammunition, thereby avoiding the vagueness
concerns raised in the Parker case. As discussed in detail
above, this bill:
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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. (This bill 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.)
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
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 $1, and have at least one firearm in the
department's AFS. Since the department did not begin collecting
long gun records until 2014, there are likely a number of
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firearms owners in California that do not have firearms in the
AFS. For those individuals, and others, the department 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.)
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: Yes
According to the Senate Appropriations Committee:
Project development: Major one-time costs to the department
potentially in excess of $25 million (Special Fund*/General
Fund) to (1) develop the system enabling real-time review and
approval of transactions at the point of sale/transfer, (2)
develop the Ammunition Purchase Records database enabling
electronic submission of purchaser information and law
enforcement access, as specified, and (3) create a vendor
licensing application process and registry. Appropriations
staff notes a General Fund appropriation or loan would likely
be necessary to support the start-up costs of these projects,
as sufficient fees would not be collected until after the
necessary infrastructure is in place.
Ongoing department workload: Ongoing costs potentially in the
millions of dollars (Special Fund*) annually to be offset by
fees collected for vendor licenses and point of sale
transactions, to support staffing for (1) ongoing enforcement
of the ammunition vendor licensing, purchase, and sale
provisions, (2) completion of cross-checks of firearms
databases prior to ammunition purchase and transfer approvals,
(3) the collection, retention of ammunition purchase records,
licenses, maintenance, and storage.
Local law enforcement agencies: Potentially significant
non-reimbursable local costs (Local Funds) for enforcement and
incarceration resulting from the new misdemeanor offenses
created under the provisions of this bill.
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State prisons: Potentially significant increase in state
costs (General Fund) to the extent the point of sale
ammunition transactions cross check against the Armed
Prohibited Persons System prompts additional department
enforcement actions. No new commitments to state prison are
estimated based on the revised definition of ammunition."
Although this bill redefines "ammunition" for the entirety of
Part 6 of the Penal Code, there is an exception to the revised
definition under existing law which provides for a possible
prison term for persons prohibited from owning a firearm found
in possession/ownership of ammunition. The definition of
"ammunition" for purposes of Penal Code § 30305(a) is
unchanged from existing law as specified in Penal Code §
16150(b).
Ammunition sales: Potential ongoing loss of state sales tax
revenue (General Fund) due to the enhanced regulations on
ammunition sales that may deter sales transactions from being
attempted that would be denied at the point of sale. Every
five percent decline would result in $1.8 million (General
Fund) in reduced state sales tax revenues. It is unknown at
this time to what degree the $1 per transaction fee will
impact consumer behavior relative to the $10 vendor fee
assessed to process out of state sales transactions, upon
which no sales tax would be assessed.
*Ammunition Special Account
SUPPORT: (Verified5/17/16)
California Chapters of the Brady Campaign to Prevent Gun
Violence
Coalition Against Gun Violence, a Santa Barbara County Coalition
Law Center to Prevent Gun Violence
OPPOSITION: (Verified5/17/16)
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California Sportsman's Lobby
California State Sheriffs' Association
Crossroads of the West
Firearms Policy Coalition
National Rifle Association
National Shooting Sports Foundation
Outdoor Sportsmen's Coalition of California
Safari Club International
Several individuals
ARGUMENTS IN SUPPORT: The California Chapters of the Brady
Campaign to Prevent Gun Violence state:
Ammunition sales are virtually unregulated in California. The
buyers and sellers of ammunition are unknown. There is
currently no ability to prevent individuals who, under
existing law, are prohibited from purchasing firearms and
ammunition from buying ammunition. Dangerous individuals
armed with illegal guns can easily purchase ammunition in
California.
AB 156 authorizes the Department of Justice (DOJ) to issue
ammunition vendor licenses to legitimate businesses as
specified in the bill. Beginning on January 1, 2018, an
ammunition vendor must be licensed in order to sell
ammunition. A license would be valid for one year and DOJ
would be authorized to charge a fee to cover the cost of
issuance. DOJ will maintain a registry of all licensed
ammunition vendors. An ammunition vendor registry is
important because the State cannot even begin to regulate the
sale of ammunition until it is known who is selling
ammunition.
Commencing July 1, 2019, AB 156 requires ammunition vendors to
electronically submit information about a purchaser of
ammunition to DOJ, which would cross-reference the Automated
Firearms System (AFS) and the Prohibited Armed Persons File
(APPS). If the ammunition purchaser has a firearm listed in
AFS and has not fallen into APPS because he or she
subsequently became prohibited, then the sale would
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immediately proceed. If an ammunition purchaser does not have
a firearm listed in AFS, the person may obtain an ammunition
transaction license from DOJ, which would include a background
check, and be approved for a single ammunition transaction.
Existing state law requires that sellers of handgun ammunition
must store the ammunition so that it is inaccessible to a
purchaser without the assistance of the vendor and requires
delivery or transfer of handgun ammunition to be completed in
face-to-face transactions. Existing law also prohibits a
handgun ammunition vendor from allowing an employee who is
prohibited from possessing firearms and ammunition to handle
or sell ammunition. However, these laws are under a
court-issued injunction due to the ruling that the definition
of handgun ammunition is unconstitutionally vague. AB 156
resolves the issue by making the requirements apply to all
ammunition, which in itself is good policy since long guns are
increasingly used in crime in California. The existing
requirement that ammunition vendors maintain records of
handgun ammunition sales for five years will be replaced with
the requirement that DOJ retain ammunition transfer
information for two years in the Ammunition Purchase Records
File.
Some cities in California require ammunition sellers to keep
records of their ammunition sales. A 2006 RAND Corporation
study found that substantial amounts of ammunition are bought
by felons and other prohibited persons. Researchers analyzed
ammunition sales records in Los Angeles in a two month period
and found that 2.6% of ammunition purchasers had a prior
felony conviction or another condition that prohibited them
from possessing ammunition. During the study period prohibited
possessors purchased over 10,000 rounds of ammunition in Los
Angeles. The City of Sacramento Police Department reported
that ammunition sales records in Sacramento revealed that 229
prohibited people purchased ammunition during a nineteen month
period in 2008 and 2009. Of these prohibited people, 173 had
previous felony convictions and 19 were gang members. Using
this information, over 100 search warrants were executed and
160 illegal firearms, including 7 assault weapons, were
seized.
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As the cities of Los Angeles and Sacramento have demonstrated,
prohibited persons can easily purchase ammunition in
California. AB 156 will reduce easy access to both handgun
and long gun ammunition by minors, criminals, and other
prohibited persons and will give law enforcement an
investigative tool to find and remove illegal guns and disarm
dangerous prohibited persons. The regulation of ammunition
sales in California is long overdue and the California Brady
Campaign Chapters stand in strong support of AB 156.
ARGUMENTS IN OPPOSITION: The National Rifle Association
states:
AB 156 would require the Attorney General to maintain
information about ammunition transactions and ammunition
vendor licenses. This bill would also authorize specified
agencies, officials, and officers to disseminate the name of a
person and the fact of any ammunition purchases by that
person, as specified, if the subject of the record has been
arraigned, is being prosecuted, or is serving a sentence for
domestic violence or is the subject of specified protective
orders.
If passed and enacted into law, AB 156 would require the
collection and reporting of personal consumer information for
all ammunition purchases throughout the state. In doing so,
AB 156 would impose drastic and unjustified restrictions on
law-abiding gun owners while doing nothing to reduce violent
crime.
First and foremost, the reporting of ammunition sales has
already been tried -- and failed -- at the federal level.
Throughout the 1980s, Congress considered repeal of a federal
ammunition regulation package that required, among other
things, reporting of ammunition sales. In 1986, the director
of the federal Bureau of Alcohol, Tobacco and Firearms
supported eliminating the reporting requirement, stating: "The
Bureau and the [Treasury] Department have recognized that
current record keeping requirements for ammunition have no
substantial law enforcement value." As a result, the Firearms
Owners Protection Act of 1986 repealed the ammunition
AB 156
Page 21
restrictions, with little opposition to the removal of that
requirement.
AB 156 will similarly fail to reduce violent crime, as a law
requiring honest citizens to register each and every
ammunition purchase plainly will not deter criminals.
Criminals will simply buy the ammunition elsewhere, steal it,
purchase it on the black market, reload their own ammunition
or use a straw purchaser. It is also important to remember
that ammunition, like Kleenex or computer printer ink, is a
"consumable". It is intended to be used and discarded. In the
case of ammunition, the bullet is usually fired into a dirt
berm and the cartridge case finds its way into a recycling
bin. Ammunition can be consumed within days, hours, or even
minutes after purchase. The Attorney General's ammunition
data base will capture (in perpetuity) billions of rounds of
ammunition that no longer exist. In some cases the ammunition
may "cease to exist" before it is entered in the database.
It's hard to imagine what public safety purpose such a program
serves.
Senator De Leon has already tried this several times and has
failed. In 2009, Assembly Bill 962 authored by Senator De
Leon was enacted. That legislation sought to impose identical
restrictions on "handgun ammunition" sales. Those
restrictions have yet to be enforced, however, because the
definition of handgun ammunition employed by AB 962 was ruled
unconstitutionally vague.
In 2011, Governor Brown vetoed Senator De Leon's ammunition
sales registration bill. Governor Brown specifically
instructed that another ammunition registration amendment bill
should not be considered prior to resolution of Parker v.
California, which enjoined the enforcement of AB 962. That
case is still pending before the California Supreme Court.
Rather than wait for the resolution of Parker as requested by
the Governor, in 2014, Senator De Leon again attempted to use
tragedies to do what he was unable to in prior years -- impose
his restrictions on all ammunition. SB 53 failed to pass the
legislature.
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Now it's 2016, and Senator De Leon is again trying to push
another ammunition registration bill.
Passage of this flawed and unwarranted legislation will
undoubtedly result in further litigation against the State,
while litigation over the author's previous legislation is
still ongoing. Enactment of AB 156 would thus force the
taxpayers to fund costly litigation, and it will continue to
drive legitimate businesses, and the tax revenues they
generate, out of California.
Prepared by:Jessica Devencenzi / PUB. S. /
5/18/16 16:21:30
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