BILL ANALYSIS
AB 962
Page 1
Date of Hearing: May 6, 2009
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Kevin De Leon, Chair
AB 962 (De Leon) - As Introduced: February 26, 2009
Policy Committee: Public
SafetyVote: 5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill establishes a handgun ammunition licensing requirement
and process. Beginning July 1, 2010, any person who sells or
transfers more than 50 rounds of handgun ammunition in any month
must be licensed as a handgun ammunition vendor by the
Department of Justice (DOJ), with specified exemptions for law
enforcement, government agencies, and family members.
Specifically, this bill:
1)Authorizes DOJ to issue handgun ammunition vendor licenses
(HAVL), valid for one year, authorizes DOJ to adopt
regulations and specified procedures, and requires DOJ to
maintain a centralized registry of all vendors.
2)Authorizes DOJ to charge HAVL applicants a fee sufficient to
cover the costs of administering the HAVL program and
maintaining a registry of handgun ammunition vendors, though
the fee is limited to $50.
3)Requires the DOJ to issue licenses and waive fees for
state-licensed gun dealers, federally licensed gun dealers, a
licensed target facility, gunsmiths, wholesalers, gun
manufacturers and importers, as specified.
4)Requires information contained in the centralized registry of
handgun ammunition vendors to be available for law enforcement
purposes.
5)Requires a HAVL to prohibit an employee prevented by law from
possessing a gun from handling ammunition and requires every
employee of a vendor to obtain a certificate of eligibility
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(COE) from the DOJ.
6)Requires DOJ to permanently revoke the license of any vendor
that violates provisions relating to the sale or transfer of
ammunition three times.
7)Requires, beginning July 1, 2010, handgun ammunition sales,
with specified exemptions, to occur only in a face-to-face
transaction, with evidence of identity from the purchaser -
effectively prohibiting internet and mail order ammunition
sales. A violation is a misdemeanor.
8)Prohibits, beginning July 1, 2010, an ammunition vendor from
selling or transferring handgun ammunition without recording
specified information on a form prescribed by the DOJ,
including the date; identification; type and amount of
ammunition purchased; the purchaser's signature; the name of
the salesperson who processed the sale or transaction; the
purchaser's thumbprint; the purchaser's residential address
and telephone number; and the purchaser's date of birth.
9)Requires records of the sale or transfer of ammunition to be
maintained on the premises of the vendor for at least five
years for purposes of law enforcement inspection. A violation
is punishable as a misdemeanor.
10)Makes the sale of ammunition to a person currently prohibited
by law from possessing ammunition or a gun a misdemeanor,
punishable by up to one year in the county jail and/or by a
fine of up to $1,000, and adds to the prohibited class any
person subject to an injunction for being a member of a
criminal street gang.
FISCAL EFFECT
In a preliminary estimate, DOJ projects first-year start-up
costs of $500,000, increasing to more than $2 million in 2010-11
and $1 million in 2011-12. DOJ indicates these costs would
eventually be covered by the $50 fee and employer payments to
DOJ for the cost of the COEs.
COMMENTS
1)Rationale . The author's intent is to safeguard the sale of
ammunition to keep it out of the hands of persons who are not
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legally allowed to possess a gun.
2)Support . 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
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."
3)Opposition . 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.
"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
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and mail order handgun ammunition sales."
4)Suggested Amendments . The author may wish to consider the
following amendments:
a) The bill requires all employees of a vendor to obtain a
certificate of eligibility (COE) from DOJ. This requirement
should be limited to employees who will deal with
ammunition.
b) The author may wish to include or cross reference
additional predicate offenses - possession of a concealed
weapon or an assault weapon - for prohibiting subsequent
gun or ammunition possession as proposed in AB 1498 (De
Leon), which is also before the committee today.
c) A COE deadline of August 15, 2009 should be 2010.
5)Current law 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).]
6)Prior Legislation . AB 2062 (De Leon, 2008), required that any
person who sells or transfers more than 50 rounds of handgun
ammunition in any month to register as a handgun ammunition
vendor, and required purchasers to obtain a handgun ammunition
purchase permit. AB 2062 was held in Senate Appropriations.
Committee's Suspense File.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081