BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 962|
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THIRD READING
Bill No: AB 962
Author: De Leon (D), et al
Amended: 6/22/09 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-3, 7/7/09
AYES: Leno, Cedillo, Hancock, Steinberg
NOES: Benoit, Huff, Wright
SENATE APPROPRIATIONS COMMITTEE : 7-5, 8/27/09
AYES: Kehoe, Corbett, Hancock, Leno, Oropeza, Price, Yee
NOES: Cox, Denham, Runner, Walters, Wyland
NO VOTE RECORDED: Wolk
ASSEMBLY FLOOR : 42-31, 6/3/09 - See last page for vote
SUBJECT : Handgun ammunition vendor licenses
SOURCE : Author
DIGEST : This bill (1) creates a system to license
vendors of handgun ammunition and make it a misdemeanor,
punishable by six months in county jail, a fine of up to
$1,000, or both, to transfer more than 50 rounds per month
of handgun ammunition without a handgun ammunition vendor's
license, except as specified, (2) authorizes the Department
of Justice (DOJ) to issue handgun ammunition vendor
licenses, as specified, charge license applicants
sufficient fees to cover the cost of administering the
license program, and establish regulations pertaining to
CONTINUED
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those licenses, (3) authorizes funds from the Dealers'
Record of Sale Special Account of the General Fund to be
made available for expenditure by DOJ to offset the costs
incurred to initiate the license program, (4) requires that
vendors not allow any employee who is prohibited by law
from possessing a firearm to handle, sell or deliver
handgun ammunition; (5) requires that employees of
ammunition vendors provide to the vendor a certificate of
eligibility obtained from DOJ, as specified, (6) requires
that vendors not allow handgun ammunition to be accessible
to customers without the assistance of an employee of the
vendor, (7) provides that it is a misdemeanor, punishable
by up to six months in jail, a fine of up to $1,000, or
both, for a vendor to fail to obtain and record specified
personal information from ammunition buyers, to maintain
that information for no less than five years on the
vendor's premises, to make that information available to
specified law enforcement officials, or to knowingly make a
false entry or fail to obtain the required personal
information from a handgun ammunition buyer, except as
specified, (8) provides that the funds received by DOJ in
relation to this licensing program shall be deposited in
the Dealer's Record of Sale Special Account of the General
Fund, (9) excludes from the existing definition of
ammunition that may not be sold to persons prohibited from
possessing firearm blanks, (10) provides that it is a
misdemeanor, punishable by up to six months in jail, a fine
of up to $1,000, or both, for a person who is enjoined from
activity as a member of a criminal street gang, to possess
any ammunition or reloaded ammunition, except as specified,
(11) provides that it is a misdemeanor punishable by up to
one year in jail, a fine of up to $1,000, or both, for any
person to transfer ammunition to any person they know or
reasonably should know to be prohibited from owning handgun
ammunition because that person is prohibited from
possessing a firearm or is enjoined as a member of a
criminal street gang, as specified, and (12) provides that
it is a misdemeanor, punishable by up to 6 months in jail,
a fine of up to $1,000, or both, to deliver or transfer
handgun ammunition in anything other than a face-to-face
transaction with the deliverer or transferor being provided
with bona fide evidence of the transferee's identity, and
(13) provides that it is a misdemeanor, punishable by up to
six months in jail, a fine of up to $1,000, or both, for
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any person, corporation or dealer to supply, deliver or
give possession of any ammunition to any minor who he or
she knows, or using reasonable care should know, is
prohibited from possessing that ammunition, as specified.
ANALYSIS : Existing law states that it is a misdemeanor
for any person, corporation, or licensed firearms dealer to
sell ammunition to a person under 18 years of age or to
sell any ammunition to be used in a handgun to a person
under 21 years of age. (Section 12316(a)(1) of the Penal
Code)
Existing law provides that proof that a person,
corporation, or dealer, or his/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.
(Section 12316(a)(2) of the Penal Code)
Existing law 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. (Section
12316(a)(2) of the Penal Code)
Existing law 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 deadly consequence. (Section
12316(b)(2) of the Penal Code)
Existing law 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. (Section 12323(a) of the Penal Code)
Existing law makes it an alternate felony/misdemeanor for a
person prohibited from possessing a firearm to possess or
have under his/her control any ammunition. (Section
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12316(b)(1) of the Penal Code)
Existing law 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 Section 922(b)(1))
Definitions
This bill 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 designed and
intended to be used in an "antique firearm" as defined.
Handgun ammunition also does not include blanks used in
prop weapons.
This bill states that "immediate family member" means any
one of the following relationships: parent and child,
grandparent and grandchild.
Handgun Ammunition Vendor Licenses
This bill provides that the Department of Justice (DOJ) is
authorized to issue handgun ammunition vendor licenses.
This bill provides that no handgun ammunition vendor
license may be issued to an applicant who fails to provide:
1. A copy of any regulatory or business license, or
licenses, required by local government.
2. A valid seller's permit issued by the Board of
Equalization.
3. A federal firearms license if the person is federally
licensed.
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4. A certificate of eligibility issued pursuant to Section
12071.
The license issued pursuant to this section shall be issued
to an individual and for a specific physical location where
the sale or other transfer of ownership of handgun
ammunition is to be conducted. DOJ shall inform applicants
who are denied licenses of the reasons for the denial in
writing.
This bill provides:
1. The handgun ammunition vendor license shall be issued in
a form prescribed by the Attorney General and shall be
valid for a period of one year.
2. The Attorney General may adopt regulations to administer
application procedures and enforcement procedures for
the licensee.
3. The Attorney General may adopt regulations that
establish grounds for suspension or revocation of the
license.
4. DOJ may charge handgun ammunition vendor license
applicants a fee sufficient to reimburse the department
for the costs of administering the license program,
maintaining the registry of handgun ammunition vendors,
and necessary regulatory functions, including
enforcement, provided, however, that the fee shall not
exceed $50.
5. Funds from the Dealers' Record of Sale Special Account
of the General Fund shall be made available for
expenditure by DOJ to offset the costs incurred to
initiate the license program.
6. DOJ shall issue licenses pursuant to this section to the
following applicants:
A. Licensed firearms dealers, as specified.
B. A person who is on the centralized list maintained
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by DOJ of federal firearms dealer's license holders.
C. A target facility which holds a business or
regulatory license.
D. Gunsmiths
E. Wholesalers
F. Manufacturers or importers of firearms licensed
pursuant to federal law, as specified.
7. DOJ shall waive all application fees for licensed
firearms dealers, as specified.
8. DOJ shall keep a centralized registry of all persons,
businesses, and corporations that are vendors.
9. DOJ may remove from this registry any vendor that
violates the provisions of this section.
10.The license of any vendor that violates this section
three times shall be revoked, and that person, firm, or
corporation shall become permanently ineligible to
obtain a license pursuant to this section.
11.Upon removal of a vendor from the registry, notification
shall be provided to local law enforcement and licensing
authorities in the jurisdiction where the vendor's
business is located.
12.Information compiled from the handgun ammunition vendor
license registry shall be made available, upon request,
for the following purposes only:
A. For law enforcement purposes.
B. When the information is requested for the purposes
of determining the validity of handgun ammunition
deliveries.
Requirements of Handgun Ammunition Vendors
This bill provides that as of July 1, 2010, no person shall
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sell or otherwise transfer ownership of more than 50 rounds
of handgun ammunition in any month unless the person is
licensed by the department as a licensed handgun ammunition
vendor, as specified. Violation would be a misdemeanor,
punishable by up to six months in county jail, a fine of up
to $1,000, or both.
This bill provides that this restriction will not apply to
or affect any of the following:
1. Sales or other transfers of ownership of handgun
ammunition by persons licensed under federal law as an
importer, manufacturer, or wholesaler, to licensed
handgun ammunition vendors, as specified.
2. Sales or other transfers of ownership of handgun
ammunition by an authorized law enforcement
representative of a city, county, or city and county, or
the state or federal government to a peace officer
authorized to carry a handgun in the course and scope of
his/her duties
3. Sales or other transfers of ownership of handgun
ammunition to authorized law enforcement representatives
of local, state or federal governments for exclusive use
by those government agencies if, prior to the delivery,
transfer, or sale of handgun 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, as
specified.
4. Sales or other transfers of ownership of handgun
ammunition to authorized representatives of local, state
or federal governments for those government agencies in
which the entity is acquiring the ammunition as part of
an authorized, voluntary program in which the entity is
buying or receiving ammunition from private individuals.
5. Sales or other transfers of ownership of handgun
ammunition between immediate family members, spouses, or
registered domestic partners, as defined.
6. Sales or other transfers of ownership of handgun
ammunition to persons licensed as a collector of
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firearms pursuant to federal law whose licensed premises
are within this state who has a current certificate of
eligibility issued to him/her by DOJ.
7. Sales or other transfers of ownership of handgun
ammunition to a consultant-evaluator, as defined.
8. The sale or other transfer of ownership of handgun
ammunition by a person licensed pursuant to federal law,
to any of the following:
A. A person licensed under federal law as a
manufacturer of firearms pursuant to federal law.
B. A person licensed under federal law as an importer
of firearms.
C. A person who is licensed under federal law as a
dealer in firearms, where that dealer receiving that
handgun ammunition is acting as a wholesaler.
9. Sales or other transfers of ownership of handgun
ammunition by a person designated as a handgun safety
instructor by DOJ, when acting in the course and scope
of his/her duties, as specified.
This bill requires that a licensed handgun ammunition
vendor comply with all of the following conditions,
requirements, and prohibitions:
1. No vendor shall sell or transfer ownership of handgun
ammunition pursuant to their license unless the vendor
is listed on the centralized registry.
2. A vendor shall not permit any employee who the vendor
knows or reasonably should know is prohibited from
possessing a firearms, as specified, to handle, sell, or
deliver handgun ammunition in the course and scope of
his/her employment.
3. Except as provided below, for an employee of a vendor
who becomes an employee after July 1, 2010, and who
handles, sells, or delivers handgun ammunition, the
employee shall provide to the vendor a certificate of
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eligibility obtained from DOJ, as specified. The
request shall be made within 45 days of employing the
individual.
4. In the case of a person who is employed by a vendor on
or before July 1, 2010, and who handles, sells, or
delivers handgun ammunition, the employee shall provide
to the vendor a certificate of eligibility obtained
from DOJ, as specified, no later August 15, 2010.
5. A vendor shall not sell or otherwise transfer ownership
of, offer for sale or otherwise offer to transfer
ownership of, or display for sale or display for
transfer of ownership of any handgun ammunition in a
manner that allows that ammunition to be accessible to a
purchaser or transferee without the assistance of the
vendor or employee thereof.
6. Commencing July 1, 2010, a vendor shall not sell or
otherwise transfer ownership of any handgun ammunition
without, at the time of delivery, legibly recording the
following information on a form that is in a format to
be prescribed by the department:
A. The date of the sale or other transaction.
B. The purchaser's or 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 sold or
otherwise transferred.
D. The purchaser's or transferee's signature.
E. The name of the salesperson who processed the sale
or other transaction.
F. The right thumbprint of the purchaser or
transferee on the above form.
G. The purchaser's or transferee's full residential
address and telephone number.
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H. The purchaser's or transferee's date of birth.
Failure to comply with this recordkeeping requirement will
be a misdemeanor punishable by up to six months in jail, a
fine of up to $1,000, or both.
7. Commencing July 1, 2010, the required records of
ammunition sales shall be maintained on the premises of
the vendor for a period of not less than five years from
the date of the recorded transfer. Failure to comply
with this requirement would be a misdemeanor, punishable
by up to six months in jail, a fine of up to $1,000, or
both.
8. Commencing July 1, 2010, the required records of
ammunition sales shall be subject to inspection at any
time during normal business hours by any peace officer
employed by a sheriff, city police department, or
district attorney as specified, provided the officer is
conducting an investigation where access to those
records is or may be relevant to that investigation, is
seeking information about persons prohibited from owning
a firearm or ammunition, or is engaged in ensuring
compliance with the Dangerous Weapons Control Law, as
specified, or any other laws pertaining to firearms or
ammunition. The records shall also be subject to
inspection at any time during normal business hours by
any other employee of the department, provided that
employee is conducting an investigation where access to
those records is or may be relevant to that
investigation, is seeking information about persons
prohibited from owning a firearm or ammunition, or is
engaged in ensuring compliance with the Dangerous
Weapons Control Law, as specified, or any other laws
pertaining to firearms or ammunition.
9. Commencing July 1, 2010, the 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 in the required manner records
regarding ammunition sales, as specified. If the right
thumbprint is not available, then the vendor shall have
the purchaser or transferee use his or her left thumb,
or any available finger, and shall so indicate on the
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form. If the purchaser or transferee is physically
unable to provide a thumbprint or fingerprint, the
vendor shall so indicate on the form. Commencing July
1, 2010, the required records of ammunition sales shall
be maintained on the premises of the vendor for a period
of not less than five years from the date of the
recorded transfer. Failure to comply with this
requirement would be a misdemeanor, punishable by up to
six months in jail, a fine of up to $1,000, or both.
10.Commencing July 1, 2010, no vendor shall refuse to
permit any authorized person, as specified, to examine
any record of ammunition sales, as specified, during any
inspection conducted pursuant to this section, or refuse
to permit the use of any record or information by those
persons.
11.Commencing July 1, 2010, the required records of
ammunition sales shall be maintained on the premises of
the vendor for a period of not less than five years from
the date of the recorded transfer. Failure to comply
with this requirement would be a misdemeanor, punishable
by up to six months in jail, a fine of up to $1,000, or
both.
This bill provides that the vendor's recordkeeping
requirements regarding sales or other transfers of handgun
ammunition, specified above, shall not apply to or affect
sales or other transfers of ownership of handgun ammunition
by licensed handgun ammunition vendors to any of the
following that are properly identified as such in a manner
prescribed by DOJ:
1. Licensed firearms dealers, as specified.
2. A licensed handgun ammunition vendor.
3. A person who is on the centralized list of licensed
federal firearms dealers, as specified, maintained by
DOJ.
4. A target facility which holds a business or regulatory
license.
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5. Gunsmiths.
6. Wholesalers.
7. Manufacturers or importers of firearms licensed under
specified federal law, and the regulations issued
pursuant thereto.
8. Sales or other transfers of ownership made to authorized
law enforcement representatives of local, state or
federal governments for exclusive use by those
government agencies if, prior to the delivery, transfer,
or sale of handgun 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.
This bill provides that fees received by the department
pursuant to the handgun ammunition vender statute shall be
deposited in the Dealers' Record of Sale Special Account of
the General Fund.
This bill provides that the provisions of this subdivision
are cumulative, and shall not be construed as restricting
the application of any other law. However, an act or
omission punishable in different ways by different
provisions of law shall not be punished under more than one
provision.
Persons under a Gang Injunction
This bill provides that it will be a misdemeanor,
punishable by up to six months in county jail, a fine of up
to $1,000, or both for any person who is not prohibited
from possessing a firearm but is enjoined from engaging in
activity, as specified, resulting from an injunction
against that person as a member of a criminal street gang,
as defined, to possess any ammunition or reloaded
ammunition, except as specified.
Ammunition Sales to Persons Prohibited from Possessing a
Firearm
Existing law prohibits sale of ammunition, as defined, to
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any person prohibited from possessing a firearm, as
specified.
This bill exempts from those provisions sales of blanks.
This bill provides that it is a misdemeanor, punishable by
up to six months in the county jail, a fine of up to
$1,000, or both, for any person, corporation, or firm to
supply, deliver, sell, or give possession or control of,
any ammunition to any person who he or she knows or using
reasonable care should know is prohibited from owning,
possessing, or having under his/her custody or control, any
ammunition or reloaded ammunition either because that
person is prohibited from possessing a firearm, as
specified, or because that person is subject to a gang
injunction as a member of a criminal street gang, as
specified.
This bill provides that it is a misdemeanor, punishable by
up to six months in the county jail, a fine of up to
$1,000, or both, for any person, corporation, or dealer to
supply, deliver, or give possession of any ammunition to
any minor who he/she knows or using reasonable care should
know is prohibited from possessing that ammunition, as
specified.
Department of Justice
Existing law requires DOJ to keep and properly file all
legally required records relating to sales of handguns,
licenses to carry concealed weapons, and related records.
This bill adds to these records, license information
pertaining to handgun ammunition vendors, as specified.
Requirement of Face-To-Face Transfers
This bill provides that beginning July 1, 2010, the
delivery or transfer of ownership of handgun ammunition may
only occur in a face-to-face transaction with the deliverer
or transferor being provided bona fide evidence of identity
from the purchaser or other transferee. A violation of
this section is a misdemeanor, punishable by up to six
months in jail, a fine of up to $1,000, or both.
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This bill defines, for purposes of this section, the
following terms:
1. "Bona fide evidence of identity" means a document issued
by a federal, state, county, or municipal government, or
subdivision or agency thereof, including, but not
limited to, a motor vehicle operator's license, 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.
2. "Handgun ammunition" means 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 designed and
intended to be used in an "antique firearm" as defined.
Handgun ammunition also does not include blanks.
This bill provides that the face-to-face transaction
requirement shall not apply to or affect the deliveries,
transfers, or sales of, handgun ammunition to any of the
following:
1. Authorized law enforcement representatives of local,
state and federal governments for exclusive use by those
government agencies if, prior to the delivery, transfer,
or sale of the handgun ammunition, written authorization
from the head of the agency employing the purchaser or
transferee, is obtained identifying the employee as an
individual authorized to conduct the transaction, and
authorizing the transaction for the exclusive use of the
agency employing the individual.
2. Sworn peace officers, as defined, who are authorized to
carry a firearm in the course and scope of their duties.
3. Importers and manufacturers of handgun ammunition or
firearms licensed to engage in business pursuant to
specified federal law and the regulations issued
pursuant thereto.
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4. Persons who are on DOJ's centralized list of federally
licensed firearms dealers, as specified.
5. Persons whose licensed premises are outside this state
who are licensed as dealers or collectors of firearms
pursuant to specified federal law and the regulations
issued pursuant thereto.
6. Persons licensed as collectors of firearms pursuant to
specified federal law and the regulations issued
pursuant thereto whose licensed premises are within this
state who has a current certificate of eligibility
issued to him/her by DOJ, as specified.
7. A licensed handgun ammunition vendor.
8. A consultant-evaluator, as specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11
2011-12 Fund
Creates new crimes unknown local costs,
non-reimbursable Local
New DOJ Program $306 costs recovered
from fees Special*
* Dealers' Record of Sale Account
This bill may also result in decreased sales tax revenue to
the degree that ammunition sales decrease as a result of
additional, time-consuming procedures required for
consumers. Neighboring states do not have the extensive
restrictions on ammunition purchases proposed by this bill.
SUPPORT : (Verified 8/27/09)
Alameda County Board of Supervisors
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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, Riverside County
Chapter
Brady Campaign to Prevent Gun Violence, Sacramento Valley
Chapter
Brady Campaign to Prevent Gun Violence, San Diego Chapter
Brady Campaign to Prevent Gun Violence, San Fernando Valley
Chapter
Brady Campaign to Prevent Gun Violence, San Mateo/Santa
Clara Counties 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 to Prevent Gun
Violence
Chief of Police (Acting) Howard Jordan, City of Oakland
Chief of Police Anthony Batts, City of Long Beach
Chief of Police Blair Urling, City of Stockton
Chief of Police Cam Sanchez, City of Santa Barbara
Chief of Police Edward Medrano, City of Gardena
Chief of Police John Crombach, City of Oxnard
Chief of Police Peter Dunbar, City of Pleasant Hill
Chief of Police Phillip Green, Cities of Corte
Madera/Larkspur
Chief of Police Susan Jones, City of Healdsburg
Chief of Police William Bratton, City of Los Angeles
City of Los Angeles, Mayor Antonio Villaraigosa
City of Oakland, Mayor Ronald V. Dellums
City of Sacramento
Coalition Against Gun Violence
Councilmember Kevin McCarty, City of Sacramento
Friends Committee on Legislation of California
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Legal Community Against Violence
Lutheran Office of Public Policy
Sheriff Leroy D. Baca, County of Los Angeles
Violence Prevention Coalition of Greater Los Angeles
Violence Prevention Coalition of Orange County
Women Against Gun Violence
Youth ALIVE!
OPPOSITION : (Verified 9/2/09)
American Shooting Center, San Diego
Butte County Sheriff
California Association of Firearm Retailers
California Public Defenders Association
California Rifle and Pistol Association
California Sportsman's Lobby, Inc.
Crossroads of the West Gun Shows
Del Norte County Sheriff
Discount Gun Mart
El Cajon Gun Exchange
Fresno County Sheriff
Glenn County Sheriff
Gun Owners of California
Herb Bauer Sporting Goods
Hi-Pass Sports
Kern County Sheriff
Lassen County Sheriff
National Rifle Association of America
National Shooting Sports Foundation, Inc.
On Target Radio KCBQ
Outdoor Sportsmen's Coalition of California
Riverside County Sheriff
Safari Club International
San Benito County Sheriff
San Bernardino County Sheriff
San Joaquin County Sheriff
Second Amendment Sports
Shasta County Sheriff
Stanislaus County Sheriff
Sutter County Sheriff
Tehama County Sheriff
The California Sportsman's Lobby, Inc.
The Shootist
Trinity County Sheriff
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Several thousand private citizens (based on petitions on
file with the Senate Public Safety Committee)
ARGUMENTS IN SUPPORT : Los Angeles Mayor Antonio
Villaraigosa writes:
"On behalf of the City of Los Angeles, I would like to
communicate our strong support for AB 962 (De Leon).
This legislation would add regulations to combat the easy
accessibility to handgun ammunition in order to assist
law enforcement in solving crimes involving handguns and
ensuring public safety.
"Reducing gun and gang violence are the top public safety
priorities in the City of Los Angeles. Far too many
homicides are committed each year and many cases remain
unresolved in part because the ownership and purchase of
weapons and ammunition cannot be traced. There is
currently no regulatory control over the deadly
ammunition that fuels gun violence. Not only are handgun
ammunition vendors unregulated, but handgun ammunition
sales are also unregulated, despite federal and state
prohibitions on certain groups of people from purchasing
ammunition, e.g. convicted felons.
"While the State has enacted legislation designed to keep
guns out of the wrong hands, it has done little to
prevent criminals and gang members who already have guns
from readily accessing the ammunition that drives gun and
gang violence. AB 962 would enact the regulatory
structure necessary to end the immediate access to
unlimited ammunition that gangs and criminals currently
have.
"The City of Los Angeles has historically been at the
forefront of innovative and progressive antigun violence
legislation and supports AB 962, which will regulate
handgun ammunition sales statewide so that this
ammunition does not fall into the wrong hands, thereby
reducing gun violence and ensuring the safety of our
communities."
ARGUMENTS IN OPPOSITION : The National Rifle Association
states:
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"The proponents of AB962 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.
"The passage of Assembly Bill 962 would create a new
Department of Justice Program that costs millions of
dollars without providing a funding source. The analysis
from Assembly Appropriations committee states that; 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.
"In a time of a critical budgets crisis, that is forcing
law enforcement agency layoffs statewide, it would not be
prudent to create an increased burden on limited law
enforcement resources."
Gun Owners of California (GOC) writes:
"As you were informed last year during testimony on AB
2062, the Federal Government had in place an ammunition
registration program established in the 1968 Gun Control
Act that was discarded by Congress in 1986 when the U.S.
Treasury Department testified that the program was of no
use in crime fighting.
"In the 18 years that the nationwide mandate (no state
was exempt from the program) was in place, not a single
crime was solved due to the registration program. Not a
single crime solved even though there were literally 10's
of millions of recorded transactions. If the program had
even a shred of merit, one would think that even a few
crimes would have been solved. The fact is there were
none. In order to get this bill through the CA
legislature, you have now amended this bill to be a
virtual duplicate of the program which was eliminated by
Congress.
"Ammunition or ammunition purchaser registration, in any
form, serves only to infringe upon the rights of
law-abiding citizens. It has proven to do nothing
AB 962
Page
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towards preventing criminals from violating federal or
state laws. In fact, the U.S. Supreme Court in U.S. vs.
Haynes has held that criminals cannot be compelled to
obey these registration laws because doing so would
violate their right against self-incrimination. They can
be prosecuted for breaking the law but they cannot be
compelled to obey the law. Therefore there is no crime
prevention aspect to AB 962.
"AB 962 will do nothing to prevent criminals from
acquiring ammunition and will do nothing to assist law
enforcement in catching criminals. This bill will only
create a massive record keeping system costing millions
of taxpayer's dollars, destroy the legal commerce of
ammunition, and will make it cumbersome for law-abiding
citizens to exercise their rights.
"GOC believes that recent [discussions] in the Senate
Appropriations Committee to fund this bill out of the
Dealer Record of Sales Special Account is illegal."
ASSEMBLY FLOOR :
AYES: Ammiano, Beall, Blumenfield, Brownley, Buchanan,
Charles Calderon, Carter, Coto, Davis, De La Torre, De
Leon, Eng, Evans, Feuer, Fong, Furutani, Hall, Hayashi,
Hernandez, Hill, Huffman, Jones, Krekorian, Lieu, Bonnie
Lowenthal, Ma, Mendoza, Monning, Nava, John A. Perez,
Portantino, Price, Ruskin, Salas, Saldana, Skinner,
Solorio, Swanson, Torlakson, Torres, Torrico, Bass
NOES: Adams, Anderson, Arambula, Bill Berryhill, Tom
Berryhill, Blakeslee, Conway, Cook, DeVore, Duvall,
Emmerson, Fletcher, Fuller, Gaines, Garrick, Gilmore,
Hagman, Harkey, Huber, Jeffries, Knight, Logue, Miller,
Nestande, Niello, Nielsen, Silva, Smyth, Audra
Strickland, Tran, Villines
NO VOTE RECORDED: Block, Caballero, Chesbro, Fuentes,
Galgiani, V. Manuel Perez, Yamada
RJG:mw 9/2/09 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****