BILL ANALYSIS Ó
SB 124
Page 1
Date of Hearing: August 17, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 124 (De Leon) - As Amended: April 25, 2011
Policy Committee: Public
SafetyVote:5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill recasts and clarifies the definition of handgun
ammunition and armor-penetrating ammunition. Specifically, this
bill:
1)Recasts several statutes that refer to "ammunition designed
primarily to penetrate metal or armor" by deleting the word
"primarily."
2)Modifies the definition of "handgun ammunition designed
primarily to penetrate metal or armor" to "any ammunition,
except a shotgun shell, that is designed to penetrate a body
vest or body shield when discharged from a handgun," with
specified characteristics.
3)Amends the definition of "handgun ammunition" from ammunition
"principally for use" in handguns to ammunition "capable of
being used."
FISCAL EFFECT
1)Minor annual GF state incarceration costs, if any, to the
extent the clarified definition of ammunition results in
additional felony convictions for the use of armor-penetrating
ammunition.
2)Minor annual nonreimbursable local law enforcement and
incarceration costs to the extent the clarified definition of
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ammunition results in additional misdemeanor investigations
and convictions for sale or possession of armor-penetrating
ammunition.
3)State GF litigation savings, potentially in the hundreds of
thousands of dollars, to the extent this bill sufficiently
clarifies the definition of handgun ammunition, thereby
expediting the state's appeal of Parker v State of California,
which ruled the definition of handgun ammunition in AB 962 (De
Leon), Statutes of 2009 was vague.
4)One-time GF costs in the range of $200,000 to place Section 1
of this bill on the next statewide ballot, based on a cost of
about $55,000 per page for description and argument. (Section
1, which strikes the word primarily from "ammunition designed
to primarily penetrate metal or armor," amends Proposition 115
(2007), which defines first-degree murder, including the use
of armor-penetrating ammunition.)
COMMENTS
1)Rationale . The author's intent is to address potential
challenges to the existing armor-penetrating - so-called
cop-killer - bullet ban by eliminating the subjective
vagueness of definitional terms such as principally and
primarily.
The author notes that a recent court decision (Parker v State
of California, see below) relating to his AB 962 could also be
used to attack the armor-penetrating bullet ban.
According to the author, "SB 124 is the cop-killer bullet ban
protection act which I introduced in response to a recent
court ruling that called into question the definition of
handgun ammunition and by extension, cop killer bullets.
"SB 124 simply clarifies the definition of cop-killer bullets
to include bullets that are DESIGNED to penetrate body armor
when fired from a handgun. This clarification is designed to
preempt future litigation on this matter and keep cop-killer
bullets illegal in the state of California."
2)AB 962 and the Ruling in Parker v. State of California, et al.
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AB 962 (De Leon), Statutes of 2009, specifies, effective
February 1, 2011, (a) the delivery or transfer of ownership of
handgun ammunition may occur only via a face-to-face
transaction, with evidence of identity from the purchaser or
transferee; (b) a handgun ammunition vendor may not sell or
transfer ammunition without recording specified information at
the time of purchase; and (c) prohibits supplying handgun
ammunition to prohibited persons, by persons or others who
know, or by using reasonable care should know, that the
recipient is a person prohibited from possessing ammunition or
a minor prohibited from possessing ammunition, as specified.
On January 31, 2011, a Superior Court in Fresno ruled the
definition of handgun ammunition contained in AB 962 was
unconstitutionally vague, rendering invalid specified
provisions of the chaptered bill. According to the court:
"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."
As a result of this ruling, the Court enjoined the Attorney
General from enforcing those sections. The state is appealing
the decision.
3)Related Legislation .
SB 427 (De Leon), redefines "handgun ammunition" as any
variety of ammunition in specified calibers, notwithstanding
that the ammunition may be used in some rifles; provides that,
commencing February 1, 2012, an ammunition vendor shall not
provide ammunition purchaser information to any third party
without written consent of the purchaser; and require any
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records no longer required to be maintained be destroyed in a
manner that protects the purchaser. SB 427 is pending on the
Assembly Floor.
(SB 427 creates and carves out a definition of handgun
ammunition specific to AB 962 by listing 12 specified
calibers, thus it is not in conflict with the definitions
proposed in SB 124.)
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081