BILL ANALYSIS
AB 2358
Page 1
ASSEMBLY THIRD READING
AB 2358 (De Leon)
As Introduced February 19, 2010
Majority vote
PUBLIC SAFETY 5-2 APPROPRIATIONS 10-5
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|Ayes:|Ammiano, Beall, Hill, |Ayes:|Fuentes, Ammiano, Coto, |
| |Portantino, Skinner | |Davis, Bonnie Lowenthal, |
| | | |Hall, Skinner, Solorio, |
| | | |Torlakson, Hill |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Hagman, Gilmore |Nays:|Conway, Harkey, Miller, |
| | | |Nielsen, Norby |
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SUMMARY : Provides that, commencing February 1, 2011, an ammunition
vendor shall not provide ammunition purchaser information to any
third party without the written consent of the purchaser, and
requires that any records no longer required to be maintained be
destroyed in a manner that protects the purchaser who is the subject
of the record.
1)Requires that copies of ammunition purchaser information be
transmitted to the sheriff or chief of police if required by local
law.
2)Allows records of ammunition purchaser information to be removed
from the premises of an ammunition vendor for the purposes of
copying or other investigatory purposes by specified law
enforcement personnel.
3)Provides that, commencing February 1, 2011, an ammunition vendor
shall provide written notice to the local police chief, or if the
vendor is in an unincorporated area, to the county sheriff, of the
vendor's intent to conduct business in the jurisdiction, and shall
obtain any regulatory or business license required by the
jurisdiction for ammunition sellers.
EXISTING LAW:
1)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
AB 2358
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information on a form prescribed by the Department of Justice
(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; and,
h) The purchaser's or transferee's date of birth.
2)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.
3)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.
4)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.
5)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
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individual who the licensee knows or has reasonable cause to
believe is less than 21 years of age . . . . "
FISCAL EFFECT : According to the Assembly Appropriations Committee,
minor annual nonreimbursable local law enforcement and incarceration
costs to the extent a handgun ammunition vendor provides purchaser
information to a third party, which is a misdemeanor.
COMMENTS : According to the author, "Last year, the Governor signed
AB 962 into law prohibiting a vendor from selling or furnishing
ammunition to any person known to be prohibited from possessing or
acquiring ammunition. The law also requires vendors to record
handgun ammunition sales, and makes the records available to law
enforcement for the purposes of crosschecking purchasers with
prohibited person's databases to help crack down on criminals
purchasing ammunition. The recording requirement would commence
February 1, 2011.
"Purchase logs will be a useful enforcement and investigative tool
for law enforcement to use as proven by a City of Sacramento
ordinance. In reviewing their ammunition-purchaser records for
2008, the Sacramento Police Department found that over 150
prohibited persons purchases ammunition within the year in their
city alone. Given the importance of these records, customer
information should only be used for investigatory and enforcement
purposes. These records must be protected from any third party or
non-authorized person unless there is written consent of the
purchaser.
"In order to access these records, local law enforcement must know
who is selling ammunition. Without any written notice by an
ammunition vendor, local law enforcement would not know where to
locate purchase records. Currently, the statute enacted by AB 962
does not clarify that ammunition vendors must provide local law
enforcement written notice of their intent to conduct business."
Please see the policy committee for a full discussion of this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0004096