BILL ANALYSIS
AB 962
Page 1
Date of Hearing: April 21, 2009
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Jose Solorio, Chair
AB 962 (De Leon) - As Introduced: February 26, 2009
SUMMARY : Requires, commencing July 1, 2010, that any person
that sells or transfers more than 50 rounds of handgun
ammunition in any month to register as a handgun ammunition
vendor. Specifically, this bill :
1)Provides that commencing July 1, 2009, no person shall sell or
transfer ownership of more than 50 rounds of handgun
ammunition in any month unless the person is licensed by the
Department of Justice (DOJ) as a licensed handgun ammunition
vendor, as specified.
2)Exempts the sale and transfer of ownership of handgun
ammunition by manufacturers or wholesalers to licensed
vendors.
3)Exempts sales or transfers of ownership of handgun ammunition
made by an authorized law enforcement representative of a
federal, state or local agency to a peace officer authorized
to carry a handgun in the course and scope of his or her
duties.
4)Exempts the sale or transfer of ownership of handgun
ammunition to representatives of a federal, state, or local
agency, if written authorization by the head of the agency
authorizing the transaction, is presented to the vendor of
handgun ammunition.
5)Exempts the sale or transfer of ownership of handgun
ammunition state and local entities in which the entity is
acquiring the ammunition as part of an authorized program in
which the entity is buying or receiving ammunition from
private individuals.
6)Exempts the sale or transfer of ownership of handgun
ammunition between immediate family members, spouses, or
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registered domestic partners.
7)Provides that a violation of provisions relating to the sale
and transfer of handgun ammunition is a misdemeanor.
8)Authorizes the DOJ to issue handgun ammunition vendor
licenses.
9)Provides that no ammunition handgun vendor license may be
issued to an applicant who fails to provide a copy of any
required local business license, a seller's permit, a federal
firearms license if the person is federally licensed, and a
certificate of eligibility. The handgun ammunition vendor's
license shall be issued for a specific physical location where
the sale or transfer of ownership of handgun ammunition is to
be conducted.
10)Requires the DOJ to inform applicants who are denied licenses
of the reason for the denial in writing.
11)Requires the handgun ammunition vendor license to be issued
in a form prescribed by the Attorney General (AG) and shall be
valid for a period of one year, and authorizes the AG to adopt
regulations to administer application procedures and
procedures for licensees
12)Allows the DOJ to charge handgun ammunition vendors license
applicants a fee sufficient for the costs or reimbursing the
DOJ for the cost of administering the handgun license program,
maintaining the registry of handgun ammunition vendors, and
necessary regulatory functions, including enforcement,
provided that the fee shall not exceed $50.
13)Requires the DOJ to issue licenses and waive fees for the
following applicants:
a) State-licensed firearms dealers.
b) Federally licensed firearms dealers.
c) A target facility which holds a business or regulatory
license.
d) Gunsmiths.
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e) Wholesalers.
f) Manufacturers or importers of firearms, as specified.
14)Requires the DOJ to keep a centralized registry of all
persons, businesses, and corporations who are vendors, and
provides that the DOJ may remove any vendor from the registry
who violates any provisions relating to the transfer and sale
of handgun ammunition.
15)Provides that the license of any vendor that violates
provisions relating to the sale or transfer of ammunition
three times shall be permanently revoked, and notice of the
revocation shall be provided to local law enforcement and
licensing authorities in the jurisdiction where the vendor's
business is located.
16)States that information contained in the centralized registry
of handgun ammunition vendors shall be made available for law
enforcement purposes, or when the information is requested for
the purpose of determining the validity of handgun ammunition
deliveries.
17)\Provides that a handgun ammunition vendor shall comply with
all of the following conditions, requirements and
prohibitions:
a) A vendor shall not permit an employee who is prohibited
from possessing a firearm, or has been assessed as a danger
to his or her self or others, to handle ammunition in the
scope of his or her employment.
b) Requires an employee of a vendor, who becomes an
employee after July 1, 2010, to obtain a certificate of
eligibility from the DOJ and the request must be made
within 45 days of employing the individual.
c) Requires an employee of a vendor who becomes an employee
on or before July 1, 2010 to obtain a certificate of
eligibility from the DOJ no later than August 15, 2009
17)Commencing July 1, 2010, a vendor of handgun ammunition shall
not sell or transfer ownership of any handgun ammunition in a
manner that allows that ammunition to be accessible to a
purchaser without the assistance of the vendor or employee
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thereof.
18)Provides that commencing July 1, 2010, 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.
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.
h) The purchaser's or transferee's date of birth.
19)Commencing July 1, 2010, 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.
20)Commencing July 1, 2010, 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.
21)Commencing July 1, 2010, a handgun ammunition vendor shall
not knowingly make a false entry in, fail to make a required
entry in, fail to obtain the required thumbprint, or otherwise
fail to maintain the records of handgun ammunition transfers
or sales.
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22)Commencing July 1, 2010, no vendor shall refuse to permit
specified peace officers to examine any record related to the
transfer or sale of handgun ammunition, or refuse to permit
the use of these record by those persons.
23)Exempts from providing specified information at the time of
purchase or transfer of ownership of handgun ammunition by
licensed handgun ammunition vendors to any of the following
who are properly identified in a manner prescribed by the DOJ:
a) A licensed firearms dealers.
b) A licensed handgun ammunition vendor.
c) A federally licensed firearms dealer.
d) A target facility which holds a business or regulatory
license.
e) Gunsmiths.
f) Wholesalers.
g) Manufacturers or importers of firearms, as specified.
h) Sales or transfers of ownership of handgun ammunition
made to authorized law enforcement representatives if
written authorization from the employing the agency is
presented to the person from whom the purchase is being
made.
i) Sales or transfers of ownership of handgun ammunition
by licensed handgun ammunition vendors to sworn peace
officers, as specified.
24)Provides that specified violations relating to the
maintenance of records of handgun ammunition transfers or
sales shall be punished as a misdemeanor.
25)Makes it a misdemeanor for any person who is subject to an
injunction for being a member of a criminal street gang to
own, possess, or have under his or her custody or control, any
ammunition or reloaded ammunition.
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26)Provides that a sale of any ammunition by a person,
corporation or firm to a person prohibited from owning or
possessing ammunition, or to a person he or she reasonably
should know is a prohibited person, is punishable by up to one
year in the county jail, by a fine not to exceed $1,000, or
both.
27)Provides that commencing July 1, 2010, 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, and a
violation of this provision is a misdemeanor.
28)Defines "bona fide evidence of identity" as a document issued
by a federal, state, county, or municipal government, or
agency thereof, including, but not limited to, a motor vehicle
operator's license, California state identification card,
identification card issued to a member of the armed forces, or
other form of identification that bears the name, date of
birth, description, and picture of the person.
29)Defines "handgun ammunition" as ammunition principally for
use in pistols, revolvers, and other firearms capable of being
concealed upon the person, as defined, notwithstanding that
the ammunition may also be used in some rifles, but excluding
ammunition intended to be used in antique firearms. Handgun
ammunition does not include blanks used in prop weapons.
30)Provides that the face-to-face requirement shall not apply to
the delivery of ammunition to law enforcement agencies, sworn
peace officers, importers and manufacturers of firearms,
licensed ammunition vendors, licensed firearms dealers or
collectors, and consultant evaluators as specified.
EXISTING LAW :
1)Provides that no person prohibited from owning or possessing a
firearm under specified provisions of law shall have under his
or her custody or control any ammunition or reloaded
ammunition and violation of this provision is an alternate
felony/misdemeanor. [Penal Code Section 12316(b)(1).]
2)Defines "ammunition" to include, but not be limited to, any
bullet, cartridge, magazine, clip, speed loader, autoloader,
or projectile capable of being fired from a firearm with a
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deadly consequence. [Penal Code Section 12316(b).]
3)Provides that for the purposes of provisions relating to the
sale or possession of ammunition, "ammunition" includes, but
is not limited to, any bullet, cartridge, magazine, clip,
speed loader, autoloader, or projectile capable of being fired
from a firearm with a deadly consequence. [Penal Code Section
12316(b)(2).]
4)Provides that proof that a person, corporation, or dealer, or
his or her agent or employee, demanded, was shown, and acted
in reasonable reliance upon, bona fide evidence of majority
and identity shall be a defense to any criminal prosecution
under this law. [Penal Code Section 12316(a)(2).]
5)Defines "bona fide evidence of majority and identity" as a
document issued by a federal, state, county, or municipal
government, or agency thereof, including, but not limited to,
a motor vehicle operator's license, California state
identification card, identification card issued to a member of
the armed forces, or other form of identification that bears
the name, date of birth, description, and picture of the
person. [Penal Code Section 12316(a)(2).]
6)Defines relevant federal law as: "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 . . . . " [18 United States Code Service
922(b)(1).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "AB 962 the
Protection Act of 2009 seeks to safeguard California's
communities by combating the easy accessibility to handgun
ammunition that fuels gun violence and criminal activity."
2)Sacramento Ammunition Sales Log Ordinance : In August 2007,
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the City of Sacramento passed an ordinance similar to the
ammunition tracking provisions contained in this bill. The
ordinance requires that at the time of the purchase of
ammunition, the seller obtain the name, address, and date of
birth of the purchaser, the brand, type and amount of
ammunition purchased, the purchaser's signature, the name of
the salesperson, the right thumbprint of the purchaser, and
the transfer date and time of the purchase.
According to the Sacramento Police Department, from January 16,
2008 to December 31, 2008, 156 prohibited persons purchased
ammunition. One hundred and twenty four of these individuals
had prior felony convictions, thirty-one had prior misdemeanor
convictions, and six were subject to a domestic violence
restraining order. One hundred and nine persons were charged
with felonies, three were charged with misdemeanors, and ten
were federally indicted. Only seven cases were rejected, and
37 more are still being actively investigated.
Thirty-six cases have resulted in felony convictions, and 17
have resulted in misdemeanor convictions. There have been two
cases resolved in federal court, with an average sentence of
37 months.
As a result of the investigations generated by the ammunition
sale records, 48 search warrants were issued and 26 probation
and parole searches were conducted. In 70% of the searches
either firearms or ammunition were located. There were
illegal 84 firearms seized and a substantial amount of illegal
drugs, stolen property and cash.
3)Arguments in Support :
a) According to the California Chapters of the Brady
Campaign , "Assembly Bill 962 seeks to reduce gun violence
by ensuring that sellers of handgun ammunition are
legitimate, regulated businesses required to follow
procedures to deter illegal acquisition of handgun
ammunition. The bill would specifically prohibit known
gang members from possessing ammunition and make it
unlawful to sell or furnish ammunition to any person known
to be prohibited from possessing ammunition
"Assembly Bill 962 would require those engaged in the sale of
more than 50 rounds of handgun ammunition to acquire a
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vendor's license by July, 2010. In addition to the vendor,
all employees who handle ammunition would be required to
pass a criminal background check. To discourage
shoplifting, handgun ammunition would have to be stored
behind sales counters, a practice already common among
reputable retail outlets. Finally, ammunition sales would
have to take place in face to face transactions, thereby
eliminating direct internet or mail order sales."
b) According to Sacramento City Council Member Kevin
McCarty , "In August of 2007, in partnership with the
Sacramento Police Department, the City of Sacramento passed
an ordinance tracking ammunition sales to detect purchases
by persons legally prohibited from buying ammunition. This
ordinance tracks ammunition sales, ensures that only legal
age persons may purchase ammunition, and detects purchases
by persons legally prohibited from buying ammunition. A
year and a half later, the adoption of this ordinance has
been hailed by our Chief of Police as a successful crime
fighting tool. As a direct result of this ordinance, 28
search warrants were executed yielding 56 gun seizures and
in excess of 800 rounds of illegal ammunition. Of the
people that were prohibited from purchasing ammunition, 80%
(93) had felony convictions, 16% (12) had misdemeanor
convictions, and 34% (21) prohibited because of violent
felonies. These statistics are tangible evidence of the
effectiveness of this measure."
4)Arguments in Opposition :
a) According to the National Rifle Association , "The
proponents of AB 962 claim that new legislation is needed
to stop the transfer of handgun ammunition to criminals.
In California, the transfer of ammunition to a prohibited
person is a crime and the possession of ammunition by a
prohibited person is a crime.
"A provision of AB 962 would resurrect a Federal Government
program of ammunition sales registration at the point of
purchase that was repealed due to the lack of
effectiveness. The purchaser registration requirement
would expose consumers to possible identity theft problems
with sensitive personal information being required to be
given to retail businesses.
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"A provision of AB 962 would ban the sale/transfer of more
than 50 handgun cartridges between persons could expose
citizens into committing crimes for simply sharing
ammunition with their friends at competitions and students
in training classes.
"A provision of AB 962 that a handgun ammunition vendor
permit does not allow the licensed vendor to transfer
handgun ammunition at any location except the address
listed on the permit, would ban the sale of ammunition at
gun shows and expositions.
"A provision of AB 962 to only allow the face-to-face
transfer/sales of handgun ammunition would ban all Internet
and mail order handgun ammunition sales."
b) According to the California Rifle and Pistol Association
(CRPA), "AB 962 would require the registration of handgun
ammunition sales, including a thumbprint of the buyer and
other personal information, plus the type and amount of
ammunition purchased. The register would be completed and
kept by the ammunition retailer on the premises for a
period of five years.
"According to the bills proponents, this would somehow help
solve crimes. However, it would not do so because
criminals have other sources of ammunition and would not
need to purchase it from California retailers who are
required to register their sales.
"The bill would also require that any seller who sells more
than 50 rounds of handgun ammunition per month be licensed
by the DOJ as a handgun ammunition vendor. This would be
costly for the retailer and could cause some vendors who do
not sell large volume of handgun ammunition to simply stop
selling it. For most handgun ammunition, fifty rounds
constitute just a single box. CRPA opposes the unnecessary
burdens on retailers that AB 962 would impose and the
subsequent loss of places where its members could purchase
ammunition.
"The Federal Gun Control Act of 1968 was revised in the
mid-1980's to remove the Acts requirement that Federal
Firearms License holders keep a similar record of all
ammunition sales. The Federal Bureau of Alcohol, Tobacco
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and Firearms (ATF) reported that keeping records of
ammunition sales proved not to be an effective law
enforcement tool.
"There is no valid reason to believe that mandating the
keeping of records of ammunition sales at the state level,
as proposed in AB 962, would be an effective crime fighting
tool, either. It has already been tried nationally and has
been proven not to be effective.
"The bill would further mandate that retailers display
handgun ammunition in a manner that prevents customers from
having access to it without the assistance of the retailer
or a retailer's employee. This would make comparison
shopping by customers extremely difficult, if not
impossible.
"Most retailers report that they are not equipped to comply
with this provision of AB 962. Retailers state that they
do not have a problem of ammunition theft from displays
where customers can have access to it without the
assistance of a sales person. The bill would only create
an unnecessary burden for them. Most are small businesses.
"AB 962 would also do away with all internet and mail order
handgun ammunition sales by requiring that all sales
transactions be made in person "face to face". This would
create an impossible situation for many who participate in
the shooting sports because they need specialty ammunition
for reloading components that are not stocked by local
stores that sell ammunition. From a retailer's point of
view, the market for specialty ammunition components is so
small that they cannot afford to keep it in stock."
5)Prior Legislation : AB 2062 (De Leon), of the 2007-08
Legislative Session, would have required that any person that
sells or transfers more than 50 rounds of handgun ammunition
in any month to register as a handgun ammunition vendor, and
required any person 21 years of age or older to obtain a
handgun ammunition purchase permit. AB 2062 was held on the
Senate Appropriations Committee's Suspense File.
REGISTERED SUPPORT / OPPOSITION :
Support
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Brady Campaign to Prevent Gun Violence,
Alameda County/Oakland Chapter
Brady Campaign to Prevent Gun Violence,
Contra Costa County Chapter
Brady Campaign to Prevent Gun Violence,
Long Beach Chapter
Brady Campaign to Prevent Gun Violence,
Los Angeles Chapter
Brady Campaign to Prevent Gun Violence,
Nevada County Chapter
Brady Campaign to Prevent Gun Violence,
Orange County Chapter
Brady Campaign to Prevent Gun Violence,
Sacramento Valley Chapter
Brady Campaign to Prevent Gun Violence,
Sonoma County Chapter
Brady Campaign to Prevent Gun Violence,
Ventura County Chapter
Brady Campaign to Prevent Gun Violence,
West Contra Costa County Chapter
California Chapters of the Brady Campaign
City of Sacramento
City of Healdsburg
City of Los Angeles
City of Oakland
City of Sacramento
Coalition Against Gun Violence
Friends Committee on Legislation
Kevin McCarty, Sacramento City Councilmember
Legal Community on Against Violence
Los Angeles County Sheriff's Department
Violence Prevention Coalition of Orange County
Youth Alive
Women Against Gun Violence
Opposition
California Association of Firearms Retailers
California Outdoor Heritage Alliance
California Public Defenders Association
California Rifle and Pistol Association
California Sportsman's Lobby
Crossroads of the West Gunshows
Gun Owners of California
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National Rife Association
National Shooting Sports Foundation, Inc.
Outdoor Sportsmen's Coalition of California
Safari Club International
636 private individuals
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744