BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 2358|
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THIRD READING
Bill No: AB 2358
Author: De Leon (D)
Amended: 8/19/10 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 6/15/10
AYES: Leno, Cedillo, Hancock, Steinberg, Wright
NOES: Cogdill, Huff
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SENATE PUBLIC SAFETY COMMITTEE : 4-2, 8/23/10
AYES: Leno, Cedillo, Hancock, Steinberg
NOES: Cogdill, Huff
NO VOTE RECORDED: Wright
ASSEMBLY FLOOR : 43-30, 5/6/10 - See last page for vote
SUBJECT : Ammunition sales: record retention
SOURCE : Author
DIGEST : This bill (1) requires that copies of handgun
ammunition sales records be transmitted to the county
sheriff or chief of police if required by local law, (2)
prohibits, 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
CONTINUED
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manner that protects the privacy of the purchaser or
transferee who is the subject of the record, (3) provides
that law enforcement officials authorized to inspect
ammunition sales records may copy those records for
investigatory or enforcement purposes, (4) requires 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) 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.
Senate Floor Amendments of 8/19/10 delete surplus language,
to make reference to the proper name for the Law
Enforcement Web, and make various technical corrections.
ANALYSIS : Existing law provides, commencing February 1,
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.
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Purchaser's or transferee's date of birth. (Section
12061(a)(3) of the Penal Code [PEN])
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. (PEN
Section 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. (PEN Section 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. (PEN Section 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 Section 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 inspection by law enforcement officials, as
specified, no vendor shall provide ammunition sales
information, as specified, to any third party without the
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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 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. A
violation would be a misdemeanor, punishable by up to six
months in jail, a fine of up to $1,000, or both.
This bill instead defines "handgun ammunition" for those
purposes as any variety of ammunition of a caliber
specified in a list added by this bill, notwithstanding
that the ammunition may also be used in some rifles, and
provides that "handgun ammunition" does not include blanks
or ammunition designed and intended to be used in an
"antique firearm," as defined.
This bill defines "handgun ammunition," which does not
include blanks and ammunition designed and intended to be
used in an "antique firearm," as defined in Section
921(a)(16) of Title 18 of the United States Code, to mean
any variety of ammunition in the following calibers,
notwithstanding that the ammunition may also be used in
some rifles:
.22
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.25
.32
.38
.9mm
.10mm
.40
.41
.44
.45
5.7x28mm
.223
.357
.454
5.56x45mm
7.62x39
7.63mm
7.65mm
.50
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 8/26/10)
California Chapters of the Brady Campaign Against Gun
Violence
Legal Community Against Violence
Peace Officers Research Association of California
OPPOSITION : (Verified 8/26/10)
California Association of Firearms Retailers
California Rifle and Pistol Association
El Cajon Gun Exchange
Gusslers (Santee)
National Rifle Association
National Shooting Sports Foundation
P2K Range (El Cajon)
Responsible Citizens of California
ARGUMENTS IN SUPPORT : 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
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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 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."
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."
ARGUMENTS 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
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own portable copier or, if it is necessary to use the
dealer's copier, that the dealer be compensated for its
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."
ASSEMBLY FLOOR :
AYES: Ammiano, Arambula, Beall, Blumenfield, Bradford,
Brownley, Buchanan, Charles Calderon, Carter, Coto,
Davis, De La Torre, De Leon, Eng, Evans, Feuer, Fong,
Fuentes, Furutani, Galgiani, Hall, Hayashi, Hernandez,
Hill, Huffman, Jones, Lieu, Bonnie Lowenthal, Ma,
Monning, Nava, Portantino, Ruskin, Salas, Saldana,
Skinner, Solorio, Swanson, Torlakson, Torres, Torrico,
Yamada, John A. Perez
NOES: Adams, Anderson, Bill Berryhill, Tom Berryhill,
Blakeslee, Conway, Cook, DeVore, Emmerson, Fletcher,
Fuller, Gaines, Garrick, Hagman, Harkey, Huber, Jeffries,
Knight, Logue, Miller, Nestande, Niello, Nielsen, Norby,
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V. Manuel Perez, Silva, Smyth, Audra Strickland, Tran,
Villines
NO VOTE RECORDED: Bass, Block, Caballero, Chesbro,
Gilmore, Mendoza, Vacancy
RJG:mw 8/26/10 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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