BILL ANALYSIS
SB 282
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Date of Hearing: August 4, 2010
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 282 (Wright) - As Amended: August 2, 2010
Policy Committee: Public
SafetyVote:7-0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill:
1)Makes it a misdemeanor, punishable by up to six months in
county jail and/or a fine of up to $1,000, for a handgun
ammunition vendor to provide ammunition-purchaser information
to a third party, and from using the information for any
purpose other than that authorized by statute or regulation
without the written consent of the purchaser.
2)Requires handgun ammunition purchase information, and records
generated by a licensed firearms dealer, that are no longer
required to be maintained, to be destroyed.
3)Makes this bill contingent upon enactment of AB 2358 (De
Leon).
FISCAL EFFECT
1)Negligible state cost.
2)Unknown, likely minor, nonreimbursable local law enforcement
and incarceration costs, offset to a degree by increased fine
revenue.
COMMENTS
1)Rationale . According to the author, "SB 282 will improve the
security and privacy of firearms and handgun ammunition
transaction records. Vendors are currently required to collect
and maintain specified information about handgun and
SB 282
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ammunition purchasers. This bill will protect the privacy of
those purchasers by prohibiting the use of that information
for anything other then what is required or authorized by
statute or regulation while still making those records
available for law enforcement. When the vendors are no longer
required to maintain the records and choose to destroy them,
the bill specifies they must be destroyed in a manner that
protects the privacy of the purchaser."
2)Related Legislation . AB 2358 (De Leon), pending in Senate
Appropriations, is similar to this bill in that AB 2358
specifies an ammunition vendor shall not provide ammunition
purchaser information to any third party without the written
consent of the purchaser, and requires that records no longer
required to be maintained be destroyed.
SB 282 makes the provision of information and the failure to
destroy purchaser information a misdemeanor, while AB 2358
does not include a specific penalty. The bills amend different
code sections, however, so there is no conflict.
3)This bill was a gut and amend in the Assembly and was never
heard in the Senate . As the prohibition on
ammunition-purchaser information is already contained in AB
2358, which has gone through both houses, it is not clear why
this bill is necessary.
4)Current law prohibits, effective February 1, 2011, a handgun
ammunition vendor from selling or transfering handgun
ammunition without, at the time of purchase, recording
specified information on a form prescribed by the Department
of Justice (DOJ).
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081