BILL ANALYSIS �
AB 613
Page 1
Date of Hearing: April 26, 2011
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 613 (Hagman) - As Introduced: February 16, 2011
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 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;
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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. �Penal
Code Section 12061(a)(3).]
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. �Penal Code Section 12061(a)(4).]
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. �Penal Code Section
12061(a)(5).]
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. (Penal
Code Section 12318.)
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 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 : Unknown
COMMENTS :
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1)Author's Statement : According to the author, " AB 962 is a
direct attack on Second Amendment rights in California; the
provisions contained within this legislation treat California
gun owners like criminals. It turns lawful business
transactions 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)Argument in Support : According to the California Outdoor
Heritage Alliance , "Implementation of AB 962 (2009) would
create a disincentive for law-abiding members of the public to
purchase handgun ammunition and therefore participate in
hunting and other legal shooting activities. By essentially
banning mail order and Internet sales of handgun ammunition
(given that all transactions must be completed
'face-to-face'), AB 962 forces sportsmen and women to rely
entirely on local ammunition dealers who often charge higher
prices or may not have available all handgun ammunition
calibers and types. In addition, many of our members strongly
object to submitting personal information simply to buy
commonly used sporting ammunition given that current law
already mandates an extensive background check with each
firearm purchase.
"Further, AB 962 may force ammunition retailers to stop selling
handgun ammunition entirely because of the increased time and
expense associated with the measure's data collection
requirements, as well as the threat of criminal prosecution
for violating those requirements. The end result would be
fewer venues for sportsmen and women to purchase ammunition,
and a resulting increase in the price of ammunition."
3)Argument in Opposition . According to the California Chapters
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, even the most successful local
program is flawed; without a statewide law, felons can easily
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skirt the record keeping requirements of one city by visiting
another. AB 962 will fix this problem by requiring that all
ammunition vendors in the state keep records of ammunition
sales'."
4)Prior Legislation :
a) AB 1663(Hagman), of the 2009-10 Legislative Session, was
identical to this bill and would have repealed AB 962 (De
Leon), Chapter 628, Statutes of 1999. AB 1663 failed
passage in this Committee.
b) AB 962 (De Leon), Chapter 628, Statutes of 2009,
required handgun ammunition vendors to obtain a thumb print
and other specified information from an ammunition
purchaser, and required that the information be available
for law enforcement inspection for a period of five years.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Firearms Retailers
California Outdoor heritage Alliance
California Rifle and Pistol Association, Inc.
National Rifle Association
Two private individuals
Opposition
California Chapter of the American College of Emergency
Physicians
California Chapters of the Brady Campaign to Prevent Gun
Violence
Legal Community Against Violence
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744