BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 124|
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THIRD READING
Bill No: SB 124
Author: De León (D)
Amended: 4/25/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/12/11
AYES: Hancock, Calderon, Liu, Price, Steinberg
NOES: Anderson, Harman
SENATE APPROPRIATIONS COMMITTEE : 6-3, 5/26/11
AYES: Kehoe, Alquist, Lieu, Pavley, Price, Steinberg
NOES: Walters, Emmerson, Runner
SUBJECT : Ammunition: handgun and armor-piercing:
definitions
SOURCE : Author
DIGEST : This bill (1) defines handgun ammunition as
ammunition capable of being used in pistols, revolvers, and
other firearms capable of being concealed upon the person,
notwithstanding that the ammunition may also be used in
some rifles, with specified exemptions; (2) amends the
definition of armor-piercing ammunition to read: handgun
ammunition designed to penetrate metal or armor means any
ammunition, except a shotgun shell, that is designed to
penetrate a body vest or body shield when discharged from a
handgun," with additional specified characteristics; and
(3) conforms several statutes that refer to "handgun
ammunition designed primarily to penetrate metal or armor"
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by deleting the word "primarily" from each of these
statutes.
ANALYSIS :
I. Handgun Ammunition
Current law defines "handgun ammunition" as "ammunition
principally for use in pistols, revolvers, and other
firearms capable of being concealed upon the person,
notwithstanding that the ammunition may also be used in
some rifles" and exempting, as specified: ammunition
designed and intended to be used in an antique firearm
and blanks. (Penal Code ÝPEN] Section 16650)
Current law provides that, 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 from the purchaser or other
transferee, except as specified. (PEN Section 30312(a))
Current law imposes several requirements on handgun
ammunition sellers, including that they obtain and
record the identification of purchasers and make that
information available to law enforcement upon request.
(PEN Section 30345, et seq.)
Current law provides that it is a misdemeanor,
punishable by up to six months in county jail, a fine of
up to $1,000, or by both, to do any of the following:
Sell any ammunition or reloaded ammunition to a
person under 18 years of age.
Sell any ammunition or reloaded ammunition
designed and intended for use in a handgun to a
person under 21 years of age. Where ammunition or
reloaded ammunition may be used in both a rifle and a
handgun, it may be sold to a person who is at least
18 years of age, but less than 21 years of age, if
the vendor reasonably believes that the ammunition is
being acquired for use in a rifle and not a handgun.
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Supplies, delivers, or gives possession of any
ammunition to any minor who the person, corporation,
or dealer knows, or using reasonable care should
know, is prohibited from possessing that ammunition
at that time, as specified.
Proof that a person, corporation, or dealer, or
his or her agent or employee, demanded, was shown,
and acted in reasonable reliance upon, bona fide
evidence of majority and identity shall be a defense
to any criminal prosecution under this section. (PEN
Section 30300)
II.Armor-Piercing Ammunition
Current law provides that all murder which is
perpetrated by means of a destructive device or
explosive, a weapon of mass destruction, knowing use of
ammunition designed primarily to penetrate metal or
armor, poison, lying in wait, torture, or by any other
kind of willful, deliberate, and premeditated killing,
or which is committed in the perpetration of, or attempt
to perpetrate, arson, rape, carjacking, robbery,
burglary, mayhem, kidnapping, train wrecking, or any act
punishable under Section 206, 286, 288, 288a, or 289, or
any murder which is perpetrated by means of discharging
a firearm from a motor vehicle, intentionally at another
person outside of the vehicle with the intent to inflict
death, is murder of the first degree. All other kinds
of murders are of the second degree. (PEN Section 189)
Current law provides that the foregoing section, PEN
Section 189, as amended by voter initiative (Prop. 115),
"? may not be amended by the Legislature except by
statute passed in each house by roll call vote entered
in the journal, two-thirds of the membership concurring,
or by a statute that becomes effective only when
approved by the electors." (Statutes of 1990, Section
30, p. A-256)
Current law provides that any person who, while armed
with a firearm in the commission or attempted commission
of any felony, has in his/her immediate possession
ammunition for the firearm designed primarily to
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penetrate metal or armor, shall upon conviction of that
felony or attempted felony, in addition and consecutive
to the punishment prescribed for the felony or attempted
felony, be punished by an additional term of three,
four, or 10 years. (PEN Section 12022.2)
Current law provides that any person, firm, or
corporation who, within this state knowingly possesses
any handgun ammunition designed primarily to penetrate
metal or armor is guilty of a public offense punishable
by up to one year in the county jail, 16 months, two, or
three years in the state prison, a fine of up to $5,000,
or both. (PEN Section 30315)
Current law provides that any person, firm, or
corporation who, within this state, manufactures,
imports, sells, offers to sell, or knowingly transports
any handgun ammunition designed primarily to penetrate
metal or armor is guilty of a felony and upon conviction
thereof shall be punished by imprisonment in state
prison, or by a fine of up to $5,000, or both. (PEN
Section 30320)
Current law defines "handgun ammunition designed
primarily to penetrate metal or armor" as "any
ammunition, except a shotgun shell or ammunition
primarily designed for use in a rifle, that is designed
primarily to penetrate a body vest or body shield, and
has either of the following characteristics:
has projectile or projectile core constructed
entirely, excluding the presence of traces of other
substances, from one or a combination of tungsten
alloys, steel, iron, brass, beryllium copper, or
depleted uranium, or any equivalent material of
similar density or hardness.
is primarily manufactured or designed, by virtue
of its shape, cross-sectional density, or any coating
applied thereto, including, but not limited to,
ammunition commonly known as "KTW ammunition," to
breach or penetrate a body vest or body shield when
fired from a pistol, revolver, or other firearm
capable of being concealed upon the person." (PEN
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Section 16660)
Current law provides that nothing in this article shall
apply to or affect the possession of handgun ammunition
designed primarily to penetrate metal or armor by a
person who found the ammunition, if that person is not
prohibited from possessing firearms or ammunition, as
specified, and the person is transporting the ammunition
to a law enforcement agency for disposition according to
law. (PEN Section 30325)
This bill deletes the word "primarily" from the
definition of "handgun ammunition" so that the
definition would read: "handgun ammunition" is
"ammunition capable of being used in pistols, revolvers,
and other firearms capable of being concealed upon the
person, notwithstanding that the ammunition may also be
used in some rifles" and exempting, as specified:
ammunition designed and intended to be used in an
antique firearm; and blanks.
This bill amends the definition of armor-piercing
ammunition to read: "handgun ammunition designed to
penetrate metal or armor" means any ammunition, except a
shotgun shell, that is designed to penetrate a body vest
or body shield when discharged from a handgun, and has
either of the following characteristics:
(a) has projectile or projectile core constructed
entirely, excluding the presence of traces of other
substances, from one or a combination of tungsten
alloys, steel, iron, brass, beryllium copper, or
depleted uranium, or any equivalent material of
similar density or hardness.
(b) is primarily manufactured or designed, by virtue
of its shape, cross-sectional density, or any coating
applied thereto, including, but not limited to,
ammunition commonly known as "KTW ammunition," to
breach or penetrate a body vest or body shield when
fired from a pistol, revolver, or other firearm
capable of being concealed upon the person.
This bill conforms several statutes that refer to
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"handgun ammunition designed primarily to penetrate
metal or armor" by deleting the word "primarily" from
each of these statutes.
Background: AB 962 and the Ruling in Parker v. State of
California, et al.
AB 962 (De León), Chapter 628, Statutes of 2009, imposed
several requirements on handgun ammunition sellers,
including the requirement that they obtain personal
identification information from buyers and retain that
information for inspection by law enforcement upon request.
(PEN Section 30345, et seq.) On January 31, 2011, a
Superior Court in Fresno ruled that the definition of
"handgun ammunition" contained in Sections 12060(b) and
12318(b)(2) (now renumbered as section 16650) was
unconstitutionally vague, rendering invalid the provisions
of Sections 12060, 12061 (now renumbered as sections 30345,
et seq.) and 12318. Each of these sections were enacted
pursuant to AB 962. As a result of this finding, the Court
enjoined the State Attorney General from enforcing those
statutes. (Order Denying Plaintiff's Motion for Summary
Judgment and Granting In Part and Denying In Part
Defendant's Motion for Summary Adjudication, Fresno County
Superior Court, Case No. 10 CECG 02116, pages 4, 11-17)
The Court stated: Because the language of the definition
of "handgun ammunition" fundamentally requires each law
enforcement officer to make a subjective determination as
to whether or not the ammunition at issue is ammunition
"principally for use" in a handgun and then subjectively
apply their own definition to the situation before them,
the definition of "handgun ammunition" established in
section 12060(b) and 12318(b)(2) gives unlimited discretion
to each individual law enforcement officer to determine
arbitrarily if the ammunition at issue is "handgun
ammunition" and to apply their particular classification of
"handgun ammunition" or not to the specific issue before
them. (Id at pages 14-15)
Prior legislation . AB 962 (De León), Chapter 628, Statutes
of 2009.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Expanded crimes unknown; non-reimbursable
local costs Local
Sales tax loss unknown; $60 per one percent of
state-General
wide civilian ammunition sales
SUPPORT : (Verified 5/26/11)
Alameda Police Department
Arcadia Police Department
Association for Los Angeles Deputy Sheriffs
Berkeley Police Department
Brady Campaign to Prevent Gun Violence California Chapters
California Association of Highway Patrolmen
Chico Police Department
Cities of Beverly Hills, Healdsburg, and Los Angeles
City of Los Angeles City Attorney, Carmen Trutanich
Imperial Police Department
Inglewood Police Department
Legal Community Against Violence
Los Angeles County Probation Officers Union
Los Angeles County Sheriff's Department
Los Angeles Police Department
Los Angeles Police Protective League
Modesto Police Department
Oakland Police Department
Oxnard Police Department
Peace Officers Research Association of California
Riverside Sheriff's Association
Sacramento Police Department
San Bernardino Police Department
San Francisco Police Department
Santa Ana Police Department
South Pasadena Police Department
Stockton Police Department
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Vallejo Police Department
OPPOSITION : (Verified 5/26/11)
California Association of Firearms Retailers
California Rifle and Pistol Association
California Sportsman's' Lobby, Inc.
Crossroads of the West Gun Shows
Gun Owners of California
National Rifle Association
National Shooting Sports Foundation, Inc.
Outdoor Sportsmen's Coalition of California
Redline Ballistics
Responsible Citizens of California
Safari Club International
ARGUMENTS IN SUPPORT : According to the author, "SB 124
amends Penal Code section 12323 (Sections 16650 and 16660
under the California Law Revision Commission renumbering
that will take effect next year) to clarify the definition
of 'handgun ammunition' and cop-killer bullets. The bill
deletes the words 'principally for use' and 'designed
primarily' from Penal Code section 12323 which the National
Rifle Association and court argued was unconstitutionally
vague. The measure then also updates cross references to
that definition that were included in Proposition 115
(passed in 1990) that creates penalty enhanceÝments] for
the use of such ammunition in the course of a felony or
murder."
The Los Angeles Police Protective League states: "The bill
Ý ] responds to a ruling brought on by an NRA lawsuit. SB
124 clarifies the definition of 'handgun ammunition' and
cop-killer bullets for the Penal Code to make certain that
court decisions like the one in Fresno or any future gun
lobby lawsuit cannot invalidate California's ban on
cop-killer bullets - the ones which can pierce armor, and
penetrate protective vests worn by law enforcement
officers. Officers face danger every day and deserve
protection from bullets that are primarily designed and
deliberately used to bring about devastating penetration
damage to their target."
ARGUMENTS IN OPPOSITION : The California Association of
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Firearms Retailers states:
"SB 124 would attempt to remove unconstitutional
vagueness by taking the terms 'principally' and
'primarily' out of existing law as these terms relate to
the definition of handgun ammunition. The logic appears
to be that, if 'principally' and 'primarily' are deleted
from relevant code sections, AB 962 will become
constitutionally viable.
"A problem with simply removing 'principally' and
'primarily' without making other defining changes is that
the remaining language would greatly expand what is
handgun ammunition, and new areas of vagueness would
surface as a result.
"The bill would expand the definition of armor piercing
handgun ammunition to mean any ammunition that can be
fired in a handgun that is "capable" of penetrating a
body vest or shield and which possesses any one of
specified design characteristics, including listed
metallurgy, cross-sectional density and shape of coating
that could facilitate the penetration of such vest or
shield. It would specifically eliminate the existing
statutory exemption for rifle ammunition.
"Body vests and shields commonly used by law enforcement
are designed to impede penetration by traditional handgun
ammunition, not centerfire rifle ammunition.
"This bill would sweep in many popular centerfire rifle
cartridges used in specialty handguns for hunting,
competition and other lawful purposes.
"Most handguns that can discharge centerfire rifle
ammunition are single shot pistols that, for a variety of
reasons, are not commonly used as crime guns.
Eliminating the current exclusion for rifle ammunition
that can be fired in them would not be of significance as
a crime deterrent.
"SB 124 would further make mere possession of any of the
above described rifle ammunition a new felony.
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"It could make many, if not all, popular centerfire rifle
cartridges illegal to possess. It could, in effect bring
an end to all hunting, competition and other lawful
shooting activities with rifles and with pistols that can
fire rifle ammunition!"
RJG:mw 5/27/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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