BILL ANALYSIS Ó
SB 1235
Page 1
Date of Hearing: June 14, 2016
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
SB
1235 (De León) - As Amended May 17, 2016
SUMMARY: Creates a new regulatory framework for the purchase
and sale of ammunition in California. Specifically, this bill:
1)Requires the Department of Justice (DOJ) to maintain
ammunition vendor license information, ammunition transaction
information, and authorizes specified agencies, officials, and
officers to disseminate the name of a person and specified
ammunition purchase information by that person if the subject
SB 1235
Page 2
of the record has been arraigned, is being prosecuted, or is
serving a sentence for conviction of domestic violence or is
the subject of a protective order, as specified.
2)Defines "ammunition" to mean one or more loaded cartridges
consisting of primer case, propellant, and with one or more
projectiles. Ammunition does not include blanks.
3)States that effective January 1, 2018, "ammunition vendor"
means any person, firm, corporation, dealer, or any other
business that has a current ammunition vendor license, as
specified.
4)Requires commencing January 1, 2019, that information
contained in the Armed Prohibited Persons File (APPS) be used
to cross-reference persons who attempt to acquire ammunition
to determine if those persons fall within a class of persons
who are prohibited from owning or possessing ammunition.
5)Provides that any person, corporation, firm, or other business
enterprise who supplies, delivers, sells, or gives possession
or control of, any ammunition to any person who the person,
corporation, firm, or other business enterprise knows or has
cause to believe is not the actual purchaser or transferee or
has cause to believe is not the actual purchaser or transferee
of the ammunition, with knowledge or cause to believe that the
ammunition is to be subsequently sold or transferred to a
person who is prohibited from owning, possessing, or having
under custody or control any ammunition or reloaded ammunition
is guilty of a misdemeanor, punishable by imprisonment in a
county jail not exceeding one year, or a fine not exceeding
one thousand dollars ($1,000), or by both that fine and
imprisonment.
SB 1235
Page 3
6)States that commencing January 1, 2018, only an ammunition
vendor that is licensed by the DOJ shall be authorized to sell
ammunition in this state, except for the following entities:
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 while engaged 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 mutual or public benefit corporation
organized, as specified, 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;
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;
and,
f) A person who sells no more than 50 rounds of ammunition
SB 1235
Page 4
to one vendor in one month or cumulatively sells no more
than 250 rounds per year to vendors in this state.
7)Authorizes the DOJ to issue ammunition vendor licenses
pursuant to this article. The department shall, commencing
July 1, 2017, accept applications for ammunition vendor
licenses. The department shall issue a license or deny the
application for a license within 60 days of receipt of the
application in the first two years of implementation, and
within 30 days thereafter. If the application is denied, the
department shall inform the applicant of the reason for denial
in writing. The ammunition vendor license shall be issued in
a form prescribed by the Attorney General and shall be valid
for a period of one year. The license shall allow the licensee
to sell ammunition from a fixed location, except as specified.
8)Requires the DOJ to issue ammunition vendor licenses to
ammunition vendors who are not prohibited by law from
possessing, receiving, owning, or purchasing a firearm and
possess a certificate of eligibility (COE), and requires any
agent or employee of a vendor who handles, sells, or delivers
ammunition to possess a COE.
9) Requires the DOJ, upon request, to issue ammunition vendor
licenses to the following:
a) Firearms dealers;
b) Federal firearms licensees;
SB 1235
Page 5
c) A gunsmith;
d) A wholesaler, and,
e) A licensed manufacturer or importer of firearms or
ammunition.
10)States that commencing July 1, 2019, the department shall
electronically approve the purchase or transfer of ammunition
through a vendor, except as otherwise specified. This approval
shall occur at the time of purchase or transfer, prior to the
purchaser or transferee taking possession of the ammunition.
11)Provides that to determine if the purchaser or transferee is
eligible to purchase or possess ammunition, the department
shall cross-reference the ammunition purchaser's or
transferee's name, date of birth, current address, and
driver's license or other government identification number
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 shall be denied.
If the purchaser's or transferee's information matches an AFS
entry, the department shall determine if the purchaser or
transferee falls within a class of persons who are prohibited
from owning or possessing ammunition by cross-referencing the
APP File. If the purchaser or transferee is prohibited from
owning or possessing a firearm, the transaction shall be
denied.
12)Prohibits a vendor from providing a purchaser or transferee
SB 1235
Page 6
ammunition without department approval. If a vendor cannot
electronically verify a person's eligibility to purchase or
possess ammunition via an Internet connection, the DOJ shall
provide a phone line to verify eligibility. This option is
available to ammunition vendors who can demonstrate legitimate
geographical and telecommunications limitations in submitting
the information electronically, and who are approved by the
DOJ to use the phone line verification.
13)Allows the DOJ shall recover the reasonable cost of
regulatory and enforcement activities related to this article
by charging ammunition purchasers and transferees a
per-transaction fee not to exceed one dollar ($1), provided,
however, that the fees may be increased at a rate not to
exceed any increases in the California Consumer Price Index as
compiled and reported by the Department of Industrial
Relations, not to exceed the reasonable regulatory and
enforcement costs. The fees shall be deposited in the
Ammunition Special Account, to be available upon appropriation
by the Legislature, for use by the Department of Justice for
the purpose of implementing and enforcing this Act.
14)Provides that the following are exempt from the ammunition
purchase requirements:
a) Firearms dealers;
b) A person on the centralized list of federal firearms
licensees;
c) A gunsmith;
SB 1235
Page 7
d) A wholesaler;
e) A licensed manufacturer or importer of firearms or
ammunition;
f) A person whose licensed premises are outside the state,
and the person is federally licensed as a dealer or
collector of firearms;
g) A person who is a federally licensed as a collector of
firearms whose licensed premises are within the state and
who has a current COE issued by DOJ;
h) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if
the sale or other transfer is for exclusive use by that
government agency, and, prior to the sale, delivery, or
transfer of the ammunition, written authorization from the
head of the agency authorizing the transaction is presented
to the person from whom the purchase, delivery, or transfer
is being made. Proper written authorization is defined as
verifiable written certification from the head of the
agency, or designee, by which the purchaser, transferee, or
person otherwise acquiring ownership is employed,
identifying the employee as an individual authorized to
conduct the transaction, and authorizing the transaction
for the exclusive use of the agency by which that
individual is employed;
SB 1235
Page 8
i) A properly identified sworn federal, state, or local
peace officer;
j) A target facility that holds a business or regulatory
license;
aa) A person who purchases or receives ammunition at a
target facility holding a business license or other
regulatory license, provided that the ammunition is at all
times kept within the facility's premises and used on the
premises.
bb) A commercial hunting club, as defined;
cc) A domesticated game bird hunting club, as defined;
dd) A domesticated migratory game bird hunting club, as
defined;
ee) A domesticated migratory game bird shooting club, as
defined;
SB 1235
Page 9
ff) A participant at a shooting or hunting event conducted
by any of the following:
i) A commercial hunting club, as defined, 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 defined,
provided the ammunition is used and consumed on the
licensed premises while engaged in lawful hunting
activity;
iii) 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;
gg) A nonprofit mutual or public benefit corporation
organized, as specified, that engages in recreational
shooting and lawful hunting activity;
hh) A nonprofit mutual or public benefit corporation
organized, as specified, 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;
ii) A peace officer, retired peace officer, or holder of a
concealed weapons permit who is authorized to carry a
loaded weapon;
SB 1235
Page 10
jj) A holder of a special weapons permit issued by the DOJ;
aaa) A holder of a valid entertainment firearms permit issued
by the DOJ; and,
bbb) A person who is not prohibited from purchasing or
possessing a firearm who has been approved for a single
ammunition transaction or purchase.
15)States that a vendor shall not permit an employee who the
vendors knows or reasonably should know is a person that is
prohibited from purchasing or owning a firearm to handle, sell
or deliver ammunition in the course and scope of employment.
16)Provides that a vendor shall not sell or otherwise transfer
ownership of, offer for sale, or otherwise offer to transfer
ownership of, display for sale, or display for transfer any
ammunition in a manner that allows that ammunition to be
accessible to a purchaser or transferee without the assistance
of the vendor or an employee of the vendor.
17)Requires the sale, delivery, or transfer of ammunition to
occur only in a face-to-face transaction with the seller,
deliverer, or transferor being provided bona fide evidence of
identity from the purchaser or other 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
SB 1235
Page 11
the transfer as required by law. An ammunition vendor is
required to promptly and properly process those transactions.
An ammunition vendor may charge a fee to process the transfer
not to exceed ten dollars ($10) per transaction. An ammunition
vendor is not required to house ammunition orders longer than
30 days.
18)Provides that the following persons are exempt from the
ammunition sales requirements:
a) Firearms dealers;
b) A person on the centralized list of federal firearms
licensees;
c) A gunsmith;
d) A wholesaler;
e) A licensed manufacturer or importer of firearms or
ammunition;
f) A person whose licensed premises are outside the state,
and the person is federally licensed as a dealer or
collector of firearms;
SB 1235
Page 12
g) A person who is a federally licensed as a collector of
firearms whose licensed premises are within the state and
who has a current COE issued by DOJ;
h) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if
the sale or other transfer is for exclusive use by that
government agency, and, prior to the sale, delivery, or
transfer of the ammunition, written authorization from the
head of the agency authorizing the transaction is presented
to the person from whom the purchase, delivery, or transfer
is being made. Proper written authorization is defined as
verifiable written certification from the head of the
agency, or designee, by which the purchaser, transferee, or
person otherwise acquiring ownership is employed,
identifying the employee as an individual authorized to
conduct the transaction, and authorizing the transaction
for the exclusive use of the agency by which that
individual is employed;
i) A properly identified sworn federal, state, or local
peace officer;
j) A target facility that holds a business or regulatory
license;
aa) A commercial hunting club, as defined;
SB 1235
Page 13
bb) A domesticated game bird hunting club, as defined;
cc) A domesticated migratory game bird hunting club, as
defined;
dd) A domesticated migratory game bird shooting club, as
defined;
ee) A nonprofit mutual or public benefit corporation
organized, as specified, that engages in recreational
shooting and lawful hunting activity;
ff) A consultant-evaluator; and,
gg) A contract or common carrier or an authorized agent or
employee thereof.
19)Requires that ammunition sales be conducted at the location
specified in the license, but a vendor may sell ammunition at
a gun show or event, as specified.
20)Provides that when neither party to an ammunition sales is a
licensed vendor, the following shall apply:
a) The seller shall deliver the ammunition to a vendor to
SB 1235
Page 14
process the transaction.
b) The vendor shall 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.
c) If the vendor cannot legally deliver the ammunition to
the purchaser, the vendor shall forthwith return the
ammunition to the seller. This return is not subject to
Section 30356.
d) The vendor may charge the purchaser an administrative
fee to process the transaction, not to exceed ten dollars
($10) per transaction processed.
e) A person selling ammunition pursuant to this section is
exempt from the requirement to be licensed as an ammunition
vendor.
21)States that notwithstanding the purchase and sale
requirements of this act, 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 sale of ammunition between immediate family members,
spouses, or registered domestic partners.
22)Provides that commencing July1, 2019, a resident of this
SB 1235
Page 15
state shall not bring into this state any ammunition that he
or she purchased from outside this state unless he or she
first has that ammunition delivered to an ammunition vendor in
this state for delivery to the resident, as specified.
23)Provides that the following persons are exempt from the
requirements related to bringing
into this state any ammunition:
a) Firearms dealers;
b) A person on the centralized list of federal firearms
licensees;
c) A gunsmith;
d) A wholesaler;
e) A licensed manufacturer or importer of firearms or
ammunition;
f) An ammunition vendor;
g) A person who is a federally licensed as a collector of
firearms whose licensed premises are within the state and
who has a current COE issued by DOJ;
SB 1235
Page 16
h) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if
the sale or other transfer is for exclusive use by that
government agency, and, prior to the sale, delivery, or
transfer of the ammunition, written authorization from the
head of the agency authorizing the transaction is presented
to the person from whom the purchase, delivery, or transfer
is being made. Proper written authorization is defined as
verifiable written certification from the head of the
agency, or designee, by which the purchaser, transferee, or
person otherwise acquiring ownership is employed,
identifying the employee as an individual authorized to
conduct the transaction, and authorizing the transaction
for the exclusive use of the agency by which that
individual is employed;
i) A properly identified sworn federal, state, or local
peace officer;
j) A contract or common carrier or an authorized agent or
employee thereof,
when acting in conformance of federal law;
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
SB 1235
Page 17
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 country, 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 no 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; sponsored by,
conducted under the auspices of, or approved by, a law
enforcement agency or a nationally or state recognized
entity that fosters proficiency in, or promotes education
about, firearms, 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.
24)Provides that commencing January 1, 2019, a vendor shall not
sell or otherwise transfer ownership of any ammunition
without, at the time of delivery, legibly recording the
SB 1235
Page 18
following information:
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
other transaction;
f) The purchaser's or transferee's full residential address
and telephone number; and,
g) The purchaser's or transferee's date of birth.
25)States that commencing July 1, 2019, the vendor shall
electronically submit to the DOJ ammunition purchase
information in a format and a manner prescribed by the
department for all sales or other transfers of ammunition. The
department shall retain this information for two years in a
database to be known as the Ammunition Purchase Records File
for the sole purpose of aiding and assisting local and state
law enforcement agencies in an active investigation. The
vendor shall not share any of the ammunition purchase
information for any reason other than for authorized law
enforcement purposes. The information in the Ammunition
Purchase Records File may be accessed by a state or local law
enforcement agency only if the department is provided a case
number or other sufficient information as determined by the
department that indicates an active investigation, and the
information sought is for the investigation or prosecution of
that case.
SB 1235
Page 19
26)Provides that in the case a vendor cannot electronically
transmit the required ammunition purchase information via an
Internet connection, the DOJ shall provide a telephone line to
submit the information the vendor can demonstrate legitimate
geographic and telecommunications limitations to submitting
the information electronically, and the DOJ approves the
vendor's use of the telephone line.
27)Provides that the following persons are exempt from the
electronic submission of ammunition purchase information:
a) Firearms dealers;
b) A person on the centralized list of federal firearms
licensees;
c) A gunsmith;
d) A wholesaler;
e) A licensed manufacturer or importer of firearms or
ammunition;
f) An ammunition vendor;
SB 1235
Page 20
g) An authorized law enforcement representative of a city,
county, city and county, or state or federal government, if
the sale or other transfer is for exclusive use by that
government agency, and, prior to the sale, delivery, or
transfer of the ammunition, written authorization from the
head of the agency authorizing the transaction is presented
to the person from whom the purchase, delivery, or transfer
is being made. Proper written authorization is defined as
verifiable written certification from the head of the
agency, or designee, by which the purchaser, transferee, or
person otherwise acquiring ownership is employed,
identifying the employee as an individual authorized to
conduct the transaction, and authorizing the transaction
for the exclusive use of the agency by which that
individual is employed;
h) A properly identified sworn federal, state, or local
peace officer;
i) A target facility that holds a business or regulatory
license;
j) A commercial hunting club, as defined;
aa) A domesticated game bird hunting club, as defined;
bb) A domesticated migratory game bird hunting club, as
defined;
SB 1235
Page 21
cc) A domesticated migratory game bird shooting club, as
defined;
dd) A participant at a shooting or hunting event conducted
by any of the following:
i) A commercial hunting club, as defined, 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 defined,
provided the ammunition is used and consumed on the
licensed premises while engaged in lawful hunting
activity;
iii) 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;
ee) A nonprofit mutual or public benefit corporation
organized, as specified, that engages in recreational
shooting and lawful hunting activity;
ff) A participant at a shooting or hunting event conducted
by a nonprofit mutual or public benefit corporation
organized, as specified, that engages in recreational
shooting and lawful hunting activity provided that the
SB 1235
Page 22
ammunition is used and consumed during the event.
28)Prohibits a vendor from knowingly making a false entry, or
failing to make a required entry of ammunition purchase
information.
29)Provides that any person that violates any requirement
related to the sale or purchase of ammunition is guilty of a
misdemeanor punishable by imprisonment in a county jail not
exceeding one year, or by a fine not exceeding one thousand
dollars ($1,000), or by both imprisonment and a fine.
EXISTING LAW:
1)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.
(Pen. Code, § 30300.)
2)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. (Pen. Code, § 30305, subd. (a).)
3)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. (Pen. Code, § 30305,
subd. (b).)
SB 1235
Page 23
4)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.
(Pen. Code, § 30306.)
5)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.
(Pen. Code, § 30310.)
6)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. (Pen. Code, § 30315.)
7)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. (Pen. Code, §
30320.)
8)Provides, commencing February1, 2011, a vendor of handgun
ammunition shall not sell or transfer handgun ammunition
without at the time of purchase legibly recording the
following information on a form prescribed by the DOJ:
a) The date of the transaction;
b) The transferee's driver's license or other
identification number and the state in which it was issued;
SB 1235
Page 24
c) The brand, type, and amount of ammunition transferred;
d) The purchaser or transferee's signature;
e) The name of the salesperson who processed the sale or
transaction;
f) The right thumbprint of the purchaser or transferee on
the prescribed form;
g) The purchaser's or transferee's full residential address
and telephone number; and,
h) The purchaser's or transferee's date of birth. (Pen.
Code § 30352, subd. (a).)
9)Requires, commencing February 1, 2011, the records of the sale
or transfer of handgun ammunition shall be maintained on the
premises of the vendor for at least five years from the date
of the recorded transfer. (Pen. Code § 30355.)
10)Requires, commencing February 1, 2011, the handgun ammunition
vendor's records of sale shall be subject to inspection by
specified peace officers engaged in an investigation where the
records may be relevant, is seeking information about
prohibited persons, or is engaged in ensuring compliance with
laws relating to firearms or ammunition. (Pen. Code § 30355.)
11)Provides, commencing February 1, 2011, the sale or transfer
of handgun ammunition may only occur in a face-to-face
transaction with the seller or transferor being provided with
bona fide evidence of identity from the purchaser. (Pen.
Code, § 30312, subd. (a).))
12)Provides that "it shall be unlawful for any licensed
importer, licensed manufacturer, licensed dealer, or licensed
collector to sell or deliver - any firearm or ammunition to
any individual who the licensee knows or has reasonable cause
SB 1235
Page 25
to believe is less than 18 years of age and, if the firearm or
ammunition is other than a shotgun or rifle, or ammunition for
a shotgun or rifle, to any individual who the licensee knows
or has reasonable cause to believe is less than 21 years of
age . . . . " [18 US Code, § 922, subd. (b)(1).]
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, " In 2009, AB
962 (De León), the Anti-Gang Neighborhood Protection Act, was
enacted to bring accountability to the sale of handgun
ammunition and deter prohibited individuals from purchasing
ammunition. Unfortunately, in an attempt to upend the law, the
National Rifle Association and others challenged it in court.
The resulting case, Parker v. California, has prevented the
implementation of the law as we wait for the California
Supreme Court to make an ultimate decision. As a result of
the court-issued injunction applied to AB 962, today any
criminal can walk into a Big 5 or Wal-Mart and purchase
ammunition, no questions asked. It continues to be easier in
California to purchase a pallet of ammunition than a pack of
cigarettes or allergy medicine. There is no way to track who
is buying and selling bullets and this blind eye approach is
putting ammunition in the hands of killers.
" Senate Bill 1235 offers a comprehensive approach to ammunition
sales to ensure that criminals and other dangerous individuals
cannot purchase ammunition. This proposal strengthens the
ammunition regulatory framework by requiring vendors to obtain
a state license to sell ammunition, log information about
SB 1235
Page 26
ammunition transactions, and screen the ammunition purchaser
for any prohibitions at the point of sale-helping prevent
dangerous individuals from purchasing ammunition.
"The ammunition background check proposed under this bill relies
on existing firearm registration records rather than require
purchasers to apply for a permit, pay a significant
application fee, and renew the permit. This approach is more
practical than previous proposed legislation and the ballot
initiative that is currently being considered because it does
not require gun owners to take additional steps to buy
ammunition. It is also more cost-effective for the Department
of Justice to implement as it will require significantly fewer
personnel to operate.
"Nevertheless, the goal remains the same-to make ammunition
accessible only to lawful gun owners, and not dangerous
criminals."
2)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 Sections 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 Section 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. 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
SB 1235
Page 27
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
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.)
3)Effect of this Bill on Parker: This bill would amend several
provisions of current law regarding ammunition sales, which
were the subject of the Superior Court ruling in Parker.
Specifically, this bill defines ammunition to mean "to mean
one or more loaded cartridges consisting of primer case,
propellant, and with one or more projectiles", which would, in
effect, apply the ammunition transfer requirements to all
forms of ammunition. This would eliminate the vagueness issue
citied by the Court in Parker. The policy rationale for
creating these requirements on the transfer of ammunition,
i.e., ensuring that ammunition is not sold to people who are
prohibited from possessing it, applies equally to all forms of
ammunition because those who are prohibited from owning
ammunition are prohibited from owning all types of ammunition.
4)Argument in Support: According to the California Chapters of
the Brady Campaign to Prevent Gun Violence, "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
SB 1235
Page 28
easily purchase ammunition in California.
"SB 1235 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
ammunitino0 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, SB 1235 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
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."
5)Argument in Opposition: According to the California Rifle and
Pistol Association, "SB 1235 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, SB 1235 would require the collection and reporting
of personal consumer information for all ammunition purchases
throughout the state. In doing so, SB 1235 would impose
SB 1235
Page 29
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
restrictions, with little opposition to the removal of that
requirement.
"SB 1235 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."
6)Prior Legislation:
a) SB 53 (De Leon), of the 2013-2014 Legislative Session,
amended existing law regarding sales of handgun ammunition,
SB 1235
Page 30
as defined, to apply to all ammunition, and places
additional regulations on the sale, and purchase of
ammunition, as specified. SB 53 failed passage on the
Assembly Floor
b) SB 427 (De León), of the 2011-2012 Legislative Session,
clarified that ammunition records could not be provided to
a non-authorized person or third-party, unless there is
written consent of the purchaser. Provided that ammunition
vendors must provide local law enforcement written notice
of intent to conduct business. Required a court issuing an
injunction against gang activity to state whether any or
all the defendants are enjoined from possession a firearm.
SB 427 was vetoed by the governor.
c) AB 2358 (De León), of the 2009-2010 Legislative Session,
provided that, commencing February 1, 2011, an ammunition
vendor shall not provide ammunition purchaser information
to any third party without the written consent of the
purchaser, and required that any records no longer required
to be maintained be destroyed in a manner that protects the
purchaser who is the subject of the record. AB 2358 failed
passage on the Senate floor.
d)AB 962 (De Leon), Chapter 628, Statutes of 2009, required,
commencing February 1, 2011, that a handgun ammunition vender
obtain a thumb print and other specified information from an
ammunition purchaser and requires that the above information
be subject to inspection by law enforcement.
REGISTERED SUPPORT / OPPOSITION:
SB 1235
Page 31
Support
California Chapters of the Brady Campaign to Prevent Gun
Violence
California Police Chiefs Association
Los Angeles County Sheriff's Department
Mayor and Sacramento City Council
Opposition
California Rifle and Pistol Association
Firearms Policy Coalition
Gun Owners of California
Crossroads of the West Gun Shows
California Sportsman's Lobby
National Rifle Association
National Shooting Sports Foundation, Inc.
Outdoor Sportsmen's Coalition of California
Safari Club International
Analysis Prepared by:Gregory Pagan / PUB. S. / (916)
319-3744
SB 1235
Page 32