BILL ANALYSIS Ó
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
SB 124 (De León)
Hearing Date: 5/26/2011 Amended: 4/25/2011
Consultant: Jolie Onodera Policy Vote: Public Safety 5-2
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BILL SUMMARY: SB 124 modifies definitions in certain statutes
related to handgun ammunition and armor-piercing ammunition.
Specifically, this bill:
1)Amends the definition of handgun ammunition to "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";
2)Amends the definition of handgun ammunition designed to
penetrate metal or armor to read "any ammunition, except a
shotgun shell, that is designed to penetrate a body vest or
body shield when discharged from a handgun," as specified;
3)Conforms several statutes that refer to "ammunition designed
primarily to penetrate metal or armor" by deleting the word
"primarily" from each of these statutes.
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Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13 2013-14 Fund
Expanded crimes Unknown; non-reimbursable local Local
costs
Sales tax loss Unknown; $60 per one percent of General
statewide civilian ammunition sales
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STAFF COMMENTS: SUSPENSE FILE.
This bill proposes to address the recent ruling in Parker v.
State of California, et al. (January 31, 2011) that found the
definition of "handgun ammunition" unconstitutionally vague on
the grounds that the language of the definition fundamentally
requires each law enforcement officer to make a subjective
determination as to whether or not the ammunition at issue is
"principally for use" in a handgun. A vague term is
unconstitutional in that it fails to give adequate notice to a
defendant of what behavior is prohibited. As a result of this
finding, the court enjoined the State Attorney General from
enforcing several statutes enacted pursuant to AB 962 (De León)
2009 regarding the sales of handgun ammunition that were to take
effect on February 1, 2011. The Department of Justice has
SB 124 (De León)
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indicated that the ruling currently has statewide application.
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. Exemptions from
this definition include ammunition designed and intended to be
used in an antique firearm and blanks. This bill amends the
definition to "ammunition capable of being used in pistols,
revolvers, and other firearms capable of being concealed upon
the person," and by doing so, expands the scope of handgun
ammunition to include any rifle
ammunition capable of being used in a handgun that under
existing law may not have otherwise been applicable.
The expanded definition will likely result in additional
non-reimbursable local costs for enforcement of additional
ammunition subject to misdemeanor violations associated with the
sale, delivery, or transfer of this type of ammunition.
Increased workload on the part of handgun ammunition vendors
will also be required to obtain and record purchaser
identification for all such sales, and make that information
available to law enforcement upon request.
This bill may also result in decreased sales tax revenue to the
degree ammunition sales may decrease as a result of the
additional, time-consuming procedures required for consumers to
purchase handgun ammunition now applicable under the provisions
of this bill. Neighboring states do not have similar
restrictions on ammunition purchases, and it is possible some
consumers will purchase ammunition out of state, especially
considering its virtually unlimited storage life. Statewide
civilian ammunition sales (excluding sales to law enforcement)
are estimated at approximately $120 million annually. It is
unknown at this time the degree to which ammunition sales may
decline due to out-of-state purchases, but for every one percent
reduction in ammunition sales, a sales tax revenue loss of
approximately $60,000 would result.
Current law generally prohibits the possession and sale of
armor-piercing ammunition. This bill would amend the current
definition and make conforming changes to other references in
statute to this type of ammunition. The existing definition
reads "handgun ammunition designed primarily to penetrate metal
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or armor means 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,"
subject to specific characteristics, and would be amended to
read as follows: "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," subject to specific characteristics. Although
certain rifle ammunition may be capable of penetrating armor,
this type of ammunition is not designed to penetrate a body vest
or body shield when discharged from a handgun, but rather
designed for use for hunting, competition, and other lawful
purposes. As such, the amended definition does not appear to
expand the scope of existing felonies under current law.