BILL ANALYSIS
AB 1663
Page 1
Date of Hearing: March 23, 2010
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1663 (Hagman) - As Introduced: January 19, 2010
SUMMARY : Repeals specified provisions of AB 962 (De Leon),
Chapter 628, Statutes of 2009, relating to the sale and delivery
of handgun ammunition. Specifically, this bill :
1)Repeals provisions of law that require, commencing February 1,
2011, handgun ammunition vendors to obtain a thumb print and
other specified information from an ammunition purchaser,
require that the information gathered be subject to inspection
by a peace officer engaged in specified investigative
activities, and require that the information be maintained by
the vendor for a period of five years.
2)Deletes provisions of law that require, commencing February 1,
2011, that the delivery or transfer of handgun ammunition may
only occur in a face-to-face transaction with the deliverer or
transferor being provided with bona fide evidence of identity
of the purchaser or other transferee.
EXISTING LAW :
1)Provides that commencing February1, 2011, a vendor of handgun
ammunition shall not sell or transfer handgun ammunition
without at the time of purchase legibly recording the
following information on a form prescribed by the DOJ:
a) The date of the transaction;
b) The transferee's driver's license or other
identification number and the state in which it was issued;
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
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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. [Penal
Code Section 12061(a)(3).]
1)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. [Penal Code Section 12061(a)(4).]
2)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. [Penal Code Section
12061(a)(5).]
3)Provides, commencing February 1, 2011, the sale or transfer of
handgun ammunition may only occur in a face-to-face
transaction with the seller or transferor being provided with
bona fide evidence of identity from the purchaser. (Penal
Code Section 12318.)
4)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 . . . . " [18 United States Code Service 922(b)(1).]
FISCAL EFFECT : None
COMMENTS :
1)Author's Statement : According to the author, "AB 962 is a
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direct attack on Second Amendment rights in California; the
provisions contained within the legislation treat California
gun owners like criminals. It turns lawful business
transaction into a minefield of possible misdemeanors. I am
asking the Legislature to join with me before it is too late
to undo the damage this legislation will cause."
2)Arguments in Support :
a) According to the Riverside County Sheriff , "I support
the passage of AB 1663 for the same reasons I opposed AB
962. The passage of AB 962 imposed unreasonable
regulations which negatively affect the ability of
law-abiding citizens to obtain ammunition for the handguns
which they legally possess. There are some who believe
these new restrictions will stop the sale of handgun
ammunition to criminals. It has been my experience that
criminals routinely find ways to circumvent the law.
Whether the criminals utilize a false identity to purchase
ammunition, persuade a person without a criminal record to
purchase the ammunition for the, steal it, or purchase the
ammunition from out of state, criminals will not be
deterred. It is the honest, law abiding citizens who will
be hurt under these new restrictions.
"This newly enacted law, through AB 962, will not stop
criminals from acquiring ammunition and will not provide a
meaningful means to assist law enforcement in catching
criminals. All AB 962 did was create a massive record
keeping system, cost millions of taxpayer's dollars,
inhibit the legal sale of handgun ammunition, and made it
burdensome for law-abiding citizens to exercise their
right."
b) According to Turners Outdoorsman , "AB 962 mandates have
required us to physically restructure our stores in order
to comply with the non-accessible storage requirements of
this bill. The area behind our sales counters is too small
to accommodate the ammunition that we once displayed out on
the sales floor. Additionally customers must wait in order
to be shown the various types of ammunition that we carry;
ammunition that they could freely handle in the past.
"In the coming year, AB 962 will add enormous payroll costs
by requiring employees to fingerprint and register each
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ammunition purchaser. Further, we will be required to
retain 1000's of registration records. During a time in
which we have struggle to attain a moderate amount of
efficiency with respect to the huge cost of doing business
in California, the new law adds additional labor costs to
our store operations.
"Lastly, AB 962 will have minimal impacts on the criminal
element who obtains ammunition at places other than our
stores. Instead this law cripples legitimate businesses
while in no way impacting the ability of that criminal
element to obtain ammunition from illegal sources. The
benefit of AB 962 as an after-the-fact crime fighting tool
is negligible compared to the large negative impact on
California businesses. The additional construction, labor
and administrative costs of AB 962 combined with the loss
of sales revenues could potentially stall the company's
recovery and threatens the jobs of many of our employees."
3)Arguments in Opposition :
a) According to the Orange County Chapter of the Brady
Campaign to Prevent Gun Violence , "A 2006 RAND
Corporations study found substantial amounts of ammunition
purchased by felons and others prohibited from possessing
firearms in sporting goods stores and gun shops; this
included 10,050 rounds of ammunition purchased in just two
months in the City of Los Angeles. RAND reported that
'guns and ammunition possessed by felons and others
prohibited from owning weapons are more likely to be used
in violent crimes than weapons bought by people with no
criminal histories.' "
b) According to the California Chapter of the Brady
Campaign to Prevent Gun Violence , "In signing AB 962, the
Governor made his views about the merits of the bill very
clear. In his signing statement, he said that, '?local
governments have demonstrated that requiring ammunition
vendors to keep records on ammunition sales improves public
safety. These records have allowed law enforcement to
arrest and prosecute persons who have no business
possessing firearms and ammunition.' He went on to say,
'Moreover, this type of record keeping is no more intrusive
for law abiding citizens than similar laws governing
pawnshops or the sale of cold medicine. Unfortunately,
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even the most successful local program is flawed; without a
statewide law, felons can easily skirt the record keeping
requirements that all ammunition vendors in the state keep
records of ammunition sales.' "
4)Prior Legislation : AB 962 (De Leon), Chapter 628, Statutes of
2009, required, commencing February 1, 2011, that a handgun
ammunition vender obtain a thumb print and other specified
information from an ammunition purchaser and required that the
above information be subject to inspection by law enforcement.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Firearms Retailers
California Outdoor Heritage Alliance
California Sportsman's Lobby
Crossroads of the West Gun Shows
National Shooting Sports Foundation
Outdoor Sportsman's Coalition of California
Riverside County Sheriff
Safari Club International
Turner's Outdoorsman
29 private individuals
Opposition
California Chapters of the Brady Campaign to Prevent Gun
Violence
Friends Committee on Legislation
Legal Community Against Violence
Orange County Chapter of the Brady Campaign to Prevent Gun
Violence
Violence Prevention Coalition of Orange County
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744