BILL ANALYSIS
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Mark Leno, Chair A
2009-2010 Regular Session B
2
3
5
AB 2358 (De Leon) 8
As Amended June 3, 2010
Hearing date: June 15, 2010
Penal Code
SM:mc
AMMUNITION SALES: RECORD RETENTION
HISTORY
Source: Author
Prior Legislation: AB 1663 (Hagman) - 2010, failed passage in
Assembly Public Safety
AB 962 (De Leon) - Chap. 628, Statutes of 2009
AB 2062 (De Leon) - 2008, held in Senate
Appropriations Committee
AB 362 (De Leon) - 2007, held in Senate
Appropriations Committee
AB 1471 (Feuer) - Chapter 572, Statutes of 2007
AB 996 (Ridley-Thomas) - 2006, vetoed
AB 352 (Koretz) - 2006, died in conference
SB 357 (Dunn) - 2005, amended to remove relevant
provisions
AB 2714 (Torrico) - 2005-06, vetoed
SB 1152 (Scott) - 2003-04, vetoed
Support: California Chapters of the Brady Campaign Against Gun
Violence; Legal
Community Against Violence; Peace Officers Research Association
of California
(More)
AB 2358 (De Leon)
PageB
Opposition:
California Association of Firearms Retailers; California Rifle
and Pistol Association; National Rifle Association; National
Shooting Sports Foundation
Assembly Floor Vote: Ayes 43 - Noes 30
KEY ISSUES
SHOULD AMMUNITION VENDORS BE REQUIRED TO TRANSMIT COPIES OF HANDGUN
AMMUNITION SALES RECORDS TO THE COUNTY SHERIFF OR CHIEF OF POLICE IF
REQUIRED BY LOCAL LAW?
SHOULD VENDORS BE PROHIBITED FROM PROVIDING AMMUNITION SALES
INFORMATION TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF THE
PURCHASER OR TRANSFEREE AND BE REQUIRED TO DESTROY ANY RECORDS NO
LONGER REQUIRED TO BE MAINTAINED IN A MANNER THAT PROTECTS THE
PRIVACY OF THE PURCHASER OR TRANSFEREE?
SHOULD LAW ENFORCEMENT OFFICIALS BE AUTHORIZED TO COPY AMMUNITION
SALES RECORDS FOR INVESTIGATORY OR ENFORCEMENT PURPOSES?
SHOULD AMMUNITION VENDORS BE REQUIRED TO PROVIDE WRITTEN NOTICE TO
THE LOCAL POLICE CHIEF OR COUNTY SHERIFF OF THE VENDOR'S INTENT TO
CONDUCT BUSINESS IN THE JURISDICTION, AND OBTAIN ANY REGULATORY OR
BUSINESS LICENSE REQUIRED BY THE JURISDICTION FOR AMMUNITION
SELLERS?
SHOULD IT BE PERMITTED TO PURCHASE HANDGUN AMMUNITION OVER THE
INTERNET OR THROUGH OTHER MEANS OF REMOTE ORDERING IF A HANDGUN
AMMUNITION VENDOR, AS DEFINED, IN CALIFORNIA INITIALLY RECEIVES THE
AMMUNITION AND PROCESSES THE TRANSFER IN COMPLIANCE WITH SPECIFIED
REQUIREMENTS?
PURPOSE
(More)
AB 2358 (De Leon)
PageC
The purpose of this bill is to (1) require that copies of
handgun ammunition sales records be transmitted to the county
sheriff or chief of police if required by local law; (2)
prohibit, except as specified, vendors providing ammunition
sales information to any third party without the written consent
of the purchaser or transferee, and require that records of
ammunition sales, as specified, that are no longer required to
be maintained shall be destroyed in a manner that protects the
privacy of the purchaser or transferee who is the subject of the
record; (3) provide that law enforcement officials authorized to
inspect ammunition sales records may copy those records for
investigatory or enforcement purposes; (4) require vendors to
provide written notice to the local police chief or county
sheriff of the vendor's intent to conduct business in the
jurisdiction, and obtain any regulatory or business license
required by the jurisdiction for ammunition sellers; and (5)
provide that handgun ammunition may be purchased over the
Internet or through other means of remote ordering if a handgun
ammunition vendor, as defined, in California initially receives
the ammunition and processes the transfer in compliance with
specified requirements.
Existing law 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
information on a form prescribed by the Department of Justice
(DOJ):
date of the transaction;
transferee's driver's license or other identification
number and the state in which it was issued;
brand, type, and amount of ammunition transferred;
purchaser or transferee's signature;
name of the salesperson who processed the sale or
transaction;
right thumbprint of the purchaser or transferee on the
prescribed form;
purchaser's or transferee's full residential address and
telephone number; and,
purchaser's or transferee's date of birth. (Penal Code
(More)
AB 2358 (De Leon)
PageD
12061(a)(3).)
Existing law 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
12061(a)(4).)
Existing law 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 12061(a)(5).)
Existing law 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
12318.)
Existing law 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).)
This bill states that, commencing February 1, 2011, copies of
handgun ammunition sales records shall be transmitted to the
county sheriff or chief of police if required by local law. A
violation would be a misdemeanor, punishable by up to 6 months
in jail, a fine of up to $1,000, or both.
This bill provides that, commencing February 1, 2011, except for
(More)
AB 2358 (De Leon)
PageE
inspection by law enforcement officials, as specified, no vendor
shall provide ammunition sales information, as specified, to any
third party without the written consent of the purchaser or
transferee and that records of ammunition sales, as specified,
that are no longer required to be maintained shall be destroyed
in a manner that protects the privacy of the purchaser or
transferee who is the subject of the record.
This bill provides that law enforcement officials authorized to
inspect ammunition sales records may copy those records for
investigatory or enforcement purposes.
This bill requires that, commencing February 1, 2011, a 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.
This bill would provide that handgun ammunition may be purchased
over the Internet or through other means of remote ordering if a
handgun ammunition vendor, as defined, in California initially
receives the ammunition and processes the transfer in compliance
with specified requirements. A violation would be a
misdemeanor, punishable by up to 6 months in jail, a fine of up
to $1,000, or both.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
The severe prison overcrowding problem California has
experienced for the last several years has not been solved. In
December of 2006 plaintiffs in two federal lawsuits against the
Department of Corrections and Rehabilitation sought a
court-ordered limit on the prison population pursuant to the
federal Prison Litigation Reform Act. On January 12, 2010, a
federal three-judge panel issued an order requiring the state to
reduce its inmate population to 137.5 percent of design capacity
-- a reduction of roughly 40,000 inmates -- within two years.
In a prior, related 184-page Opinion and Order dated August 4,
2009, that court stated in part:
(More)
AB 2358 (De Leon)
PageF
"California's correctional system is in a tailspin,"
the state's independent oversight agency has reported.
. . . (Jan. 2007 Little Hoover Commission Report,
"Solving California's Corrections Crisis: Time Is
Running Out"). Tough-on-crime politics have increased
the population of California's prisons dramatically
while making necessary reforms impossible. . . . As a
result, the state's prisons have become places "of
extreme peril to the safety of persons" they house, .
. . (Governor Schwarzenegger's Oct. 4, 2006 Prison
Overcrowding State of Emergency Declaration), while
contributing little to the safety of California's
residents, . . . . California "spends more on
corrections than most countries in the world," but the
state "reaps fewer public safety benefits." . . . .
Although California's existing prison system serves
neither the public nor the inmates well, the state has
for years been unable or unwilling to implement the
reforms necessary to reverse its continuing
deterioration. (Some citations omitted.)
. . .
The massive 750% increase in the California prison
population since the mid-1970s is the result of
political decisions made over three decades, including
the shift to inflexible determinate sentencing and the
passage of harsh mandatory minimum and three-strikes
laws, as well as the state's counterproductive parole
system. Unfortunately, as California's prison
population has grown, California's political
decision-makers have failed to provide the resources
and facilities required to meet the additional need
for space and for other necessities of prison
existence. Likewise, although state-appointed experts
have repeatedly provided numerous methods by which the
state could safely reduce its prison population, their
recommendations have been ignored, underfunded, or
postponed indefinitely. The convergence of
(More)
AB 2358 (De Leon)
PageG
tough-on-crime policies and an unwillingness to expend
the necessary funds to support the population growth
has brought California's prisons to the breaking
point. The state of emergency declared by Governor
Schwarzenegger almost three years ago continues to
this day, California's prisons remain severely
overcrowded, and inmates in the California prison
system continue to languish without constitutionally
adequate medical and mental health care.<1>
The court stayed implementation of its January 12, 2010, ruling
pending the state's appeal of the decision to the U.S. Supreme
Court. That appeal, and the final outcome of this litigation,
is not anticipated until later this year or 2011.
This bill does not appear to aggravate the prison overcrowding
crisis described above.
COMMENTS
1. Need for This Bill
According to the author:
This bill would clarify that ammunition records could
not be provided to a non-authorized person or
third-party, unless there is written consent of the
purchaser. Current law requires that ammunition
vendors record their sales but there are current
concerns that purchase information would be sold to
third parties. This bill would specify that
ammunition records could only be assessed by
authorized persons and be disposed of in a manner that
----------------------
<1> Three Judge Court Opinion and Order, Coleman v.
Schwarzenegger, Plata v. Schwarzenegger, in the United States
District Courts for the Eastern District of California and the
Northern District of California United States District Court
composed of three judges pursuant to Section 2284, Title 28
United States Code (August 4, 2009).
(More)
AB 2358 (De Leon)
PageH
would protect the privacy of the purchasers.
Additionally, this bill clarifies that ammunition
vendors must provide local law enforcement written
notice of intent to conduct business.
2. Handgun Ammunition Sales: Privacy Protections and Internet
Sales
Last year AB 962 (De Leon) (Chap. 628, Stats. of 2009) created,
among others, the following requirements regarding handgun
ammunition sales:
Commencing February 1, 2011, handgun ammunition vendors
must obtain a thumbprint and other information from
ammunition purchasers, as specified. The information
obtained from the purchaser is required to be maintained on
the premises of the vendor for a period of not less than
five years from the date of the recorded transfer. These
records are subject to inspection by specified law
enforcement officials for specified purposes.
Commencing February 1, 2011, 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 of the
purchaser or other transferee.
This bill would provide the following in relation to handgun
ammunition sales:
Require that law enforcement officials be permitted to
make copies of the ammunition sales records that AB 962
required they be allowed to inspect.
Clarify provisions of AB 962 with regard to purchasing
ammunition over the Internet or from a remote seller. This
bill provides that handgun ammunition may be purchased over
the Internet or through other means of remote ordering if a
handgun ammunition vendor, as defined, in California
initially receives the ammunition and processes the
transfer in compliance with specified requirements.
Require that copies of handgun ammunition sales records
(More)
AB 2358 (De Leon)
PageI
shall be transmitted to the county sheriff or chief of
police if required by local law.
Prohibit ammunition vendors from providing ammunition
sales information, as specified, to any third party without
the written consent of the purchaser or transferee.
Require that records of ammunition sales, as specified,
that are no longer required to be maintained be destroyed
in a manner that protects the privacy of the purchaser or
transferee who is the subject of the record.
Require ammunition vendors to 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.
WOULD THESE PROVISIONS PROVIDE ADEQUATE PRIVACY PROTECTION FOR
AMMUNITION BUYERS?
WILL THESE REQUIREMENTS HELP IDENTIFY SALES OF AMMUNITION TO
PROHIBITED PERSONS?
DO THESE PROVISIONS PLACE UNDUE BURDENS ON AMMUNITION SELLERS OR
BUYERS?
3. Arguments in Support
(More)
The Legal Community Against Violence states:
The goal of AB 2358 is to improve local law
enforcement's ability to use handgun ammunition sales
records to prosecute prohibited purchasers. The bill
would require a handgun ammunition vendor to provide
written notice to local law enforcement of the
vendor's intent to conduct business, so that law
enforcement is able to identify the vendors selling
ammunition within their community. Under AB 2358, a
vendor must also obtain any regulatory or business
license required for ammunition sellers by the
jurisdiction and must transmit copies of sales records
to local law enforcement if required by local law.
AB 2358 also responds to privacy concerns raised
following the enactment of AB 962. The bill clarifies
that no handgun ammunition vendor may provide any
information from sale records to any third party
without the purchaser's written consent. The bill
also requires the destruction of any sales records
that the vendor is no longer required to maintain in a
manner that protects the purchaser's privacy.
4. Argument in Opposition
The National Shooting Sports Foundation states:
Most retailers of handgun ammunition do not have
funding or staff resources to be able to comply with
the proposed records copying and transmittal
requirement. It would create an unnecessary and
substantial burden for them.
If law enforcement officers are allowed to copy the
handgun ammunition sales records at a dealer's place of
business, the bill should specify that they bring their
own portable copier or, if it is necessary to use the
dealer's copier, that the dealer be compensated for its
(More)
AB 2358 (De Leon)
PageK
use.
If dealers take delivery of and process internet sales
of handgun ammunition for internet customers, the bill
should also provide that such processing is voluntary on
the part of the dealers and that the dealers can charge
a fee for this service. As the bill is now amended, it
provides that dealers engage in ammunition sales
transactions that would be harmful to their own
business.
The proposed provision that local law enforcement be
notified when an ammunition retailer is about to open
a business and that a local ammunition seller's permit
be obtained is also opposed. This is clearly another
example of excessive regulation of business by
government.
Since the bill would already require that copies of
handgun ammunition sales records be transmitted to
local law enforcement, these agencies would be well
aware of an ammunition seller's presence in their
jurisdiction. There is no need for the prior
notification requirement.
Furthermore, there is no significant crime solving
purpose for a local government ammunition seller's
license. This appears to be primarily a revenue
generating provision for local governments.
***************