BILL ANALYSIS Ó SB 1235 Page 1 SENATE THIRD READING SB 1235 (De León) As Amended June 22, 2016 Majority vote SENATE VOTE: 24-15 ------------------------------------------------------------------ |Committee |Votes|Ayes |Noes | | | | | | | | | | | | | | | | |----------------+-----+----------------------+--------------------| |Public Safety |5-2 |Jones-Sawyer, Lopez, |Melendez, Lackey | | | |Low, Quirk, Santiago | | | | | | | | | | | | ------------------------------------------------------------------ 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 $1,000, or by both that fine and imprisonment. 6)States that commencing January 1, 2018, only an ammunition SB 1235 Page 3 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 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 SB 1235 Page 4 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; 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, SB 1235 Page 5 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 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 $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 SB 1235 Page 6 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; 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 SB 1235 Page 7 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 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 8 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; jj) A holder of a special weapons permit issued by the DOJ; SB 1235 Page 9 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 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 $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: SB 1235 Page 10 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; 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 SB 1235 Page 11 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; 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 SB 1235 Page 12 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 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 Penal Code Section 30356. d) The vendor may charge the purchaser an administrative fee to process the transaction, not to exceed $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 state shall not bring into this state any ammunition that he SB 1235 Page 13 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; 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 SB 1235 Page 14 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 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 SB 1235 Page 15 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 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 SB 1235 Page 16 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. 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; SB 1235 Page 17 c) A gunsmith; d) A wholesaler; e) A licensed manufacturer or importer of firearms or ammunition; f) An ammunition vendor; 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; SB 1235 Page 18 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; 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 SB 1235 Page 19 organized, as specified, that engages in recreational shooting and lawful hunting activity provided that the 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 $1,000, or by both imprisonment and a fine. 30)Amends and repeals the ammunition purchase and sale requirements proposed to be added by the Safety for All Act of 2016 at the November 8, 2016, statewide general election. 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. 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. 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. SB 1235 Page 20 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. 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. 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. 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. 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; SB 1235 Page 21 b) The transferee's driver's license or other identification number and the state in which it was issued; 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. 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. 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. 11)Provides, commencing February 1, 2011, the sale or transfer of handgun ammunition may only occur in a face-to-face SB 1235 Page 22 transaction with the seller or transferor being provided with bona fide evidence of identity from the purchaser. 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 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...." FISCAL EFFECT: Unknown. This bill is keyed non-fiscal by the Legislative Counsel. COMMENTS: According to the author, "In 2009, AB 962 (De León), Chapter 628, Statutes of 2009, 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 SB 1235 Page 23 cannot purchase ammunition. This proposal strengthens the ammunition regulatory framework by requiring vendors to obtain a state license to sell ammunition, log information about 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." Analysis Prepared by: Gregory Pagan / PUB. S. / (916) 319-3744 FN: 0003535 SB 1235 Page 24