BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 427|
|Office of Senate Floor Analyses | |
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THIRD READING
Bill No: SB 427
Author: De León (D)
Amended: 5/24/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 5-2, 4/26/11
AYES: Hancock, Calderon, Liu, Price, Steinberg
NOES: Anderson, Harman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Ammunition
SOURCE : Author
DIGEST : This bill clarifies that ammunition records
could not be provided to a non-authorized person or
third-party, unless there is written consent of the
purchaser. This bill provides that ammunition vendors must
provide local law enforcement written notice of intent to
conduct business. This bill requires a court issuing an
injunction against gang activity to state whether any or
all the defendants are enjoined from possession a firearm.
Senate Floor Amendments of 5/24/11 delete requirement that
handgun ammunition sellers report all sales to local law
enforcement; and (2) to impose misdemeanor penalties for
unauthorized copying, disclosure or use of handgun
ammunition sales records.
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ANALYSIS : Existing law authorizes issuance of an
injunction prohibiting specified criminal gang activity for
purposes of abating a nuisance.
This bill provides that in every case in which a court
orders an injunction pursuant to this section to abate a
nuisance related to gang activity, the court shall state on
the record whether any or all defendants shall be enjoined
from possessing a firearm as a term of the injunction.
Existing law prohibits a vendor from selling or otherwise
transferring ownership of any handgun ammunition without,
at the time of delivery, legibly recording specified
information regarding the purchaser or transferee, and
maintaining the record for a period of not less than five
years, as specified. Existing law provides that violation
of these provisions is a misdemeanor. Existing law also
provides that the records shall be subject to inspection by
any peace officer and certain others, as specified, for
purposes of an investigation where access to those records
is or may be relevant to that investigation, when seeking
information about persons prohibited from owning a firearm
or ammunition, or when engaged in ensuring compliance with
laws pertaining to firearms or ammunition, as specified.
This bill requires the information described above in
connection with the transfer of handgun ammunition be
legibly or electronically recorded. The bill provides that
commencing February 1, 2012, except for investigatory and
enforcement purposes described above, no ammunition vendor
shall provide the information described above to any third
party without the written consent of the purchaser or
transferee, and all records shall be maintained in a manner
that protects the privacy of the purchaser or transferee
who is the subject of the record. Anyone who uses, copies,
or discloses any of the information contained in the
records for any purpose that is not authorized by this
article shall be guilty of a misdemeanor, punishable by
imprisonment in a county jail not to exceed six months, by
a fine not to exceed $1,000, or by both that fine and
imprisonment.
The bill also permits records containing that information
to be copied for investigatory or enforcement purposes by
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any person authorized to inspect those records, as
specified. Any required ammunition records that are no
longer required to be maintained would be destroyed in a
manner that protects the privacy of the purchaser or
transferee who is the subject of the record. The bill
provides that violation of these provisions is a
misdemeanor.
The bill requires ammunition vendors, commencing February
1, 2012, to provide written notice to the local police
chief, or if the vendor is in an unincorporated area, to
the county sheriff, of the vendor's intent to conduct
business in the jurisdiction and to obtain any regulatory
or business license required by the jurisdiction for
ammunition sellers.
Existing law provides that 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.
This bill also provides that handgun ammunition may be
purchased over the Internet or through other means of
remote ordering if a handgun ammunition vendor in
California initially receives the ammunition and processes
the transfer, as specified.
Prior Legislation
AB 2358 (De León) - 2010, failed passage on Senate Floor
AB 1663 (Hagman) - 2010, failed passage in Assembly Public
Safety
AB 962 (De León) - Chapter 628, Statutes of 2009
AB 2062 (De León) - 2008, held in Senate Appropriations
Committee
AB 362 (De León) - 2007, held in Senate Appropriations
Committee
SB 271 (Cedillo) - Chapter 34, Statutes of 2007
AB 1471 (Feuer) - Chapter 572, Statutes of 2007
AB 996 (Ridley-Thomas) - 2006, vetoed
AB 352 (Koretz) - 2006, died in conference
SB 357 (Dunn) - 2005, amended to remove relevant provisions
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AB 2714 (Torrico) - 2005-06, vetoed
SB 1152 (Scott) - 2003-04, vetoed
SB 2034 (Lockyer) - Chapter 631, Statutes of 1998
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SUPPORT : (Verified 5/24/11)
Legal Community Against Violence
California Chapters of the Brady Campaign to Prevent Gun
Violence
OPPOSITION : (Verified 5/24/11)
California Association of Firearms Retailers
National Shooting Sports Foundation, Inc.
ARGUMENTS IN SUPPORT : According to the author's office,
this bill extends the prohibition of possession, custody,
or control of any ammunition codified under AB 962 and
prohibits anyone under a gang injunction to possess, or
control, any firearm. Furthermore, due to passage of AB
962, handgun ammunition vendors are now required to obtain
a thumbprint and other information from ammunition
purchasers. This bill requires the information described
above in connection with the transfer of handgun ammunition
be legibly or electronically recorded. Given this
collection of information, no ammunition vendor shall
provide the information described above to any third
without the written consent of the purchaser or transferee.
The Legal Community Against Violence states:
"SB 427, similar to last year's AB 2358, improves
local law enforcement's ability to use handgun
ammunition sales records to prosecute prohibited
purchases by requiring vendors to:
Notify local law enforcement of their intent to
conduct business within the jurisdiction;
Obtain any regulatory or business license required
for ammunition sellers by the jurisdiction; and
Transmit copies of sale records to local law
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enforcement if required by local law."
The provisions of this bill, like those of its inoperative
predecessor, could cause affected small businesses in
California to decline and with them a loss of jobs. The
state's business climate has suffered a great deal in
recent years. This bill only makes matters worse.
CAFR believes that if enacted, this bill like its
predecessor (AB 962) will not prove to be cost effective
for law enforcement in solving crimes. It however, proves
to be very detrimental to the operation of the affected
small businesses in California. It will cost the state
jobs and tax revenue.
ARGUMENTS IN OPPOSITION : The National Shooting Sports
Foundation, Inc., argues that "The bill attempts to expand
previous legislation, AB 962 (Statues of 2009), that has
been declared to be unconstitutional due to vagueness. SB
427 would do nothing to mitigate the unconstitutionality of
AB 962. It would only add to an already invalidated law.
"NSSF opposes the proposed provision that"? a vendor shall
provide written notice to the local police chief, or if the
vendor is in an unincorporated area, to the county sheriff,
of the vendor's intent to conduct business in the
jurisdiction, and shall obtain any regulatory or business
license required by the jurisdiction for ammunition
sellers."
"Most retailers of handgun ammunition do not have the
funding or staff resources to be able to comply with the
proposed records copying and transmittal requirement. It
would create an unnecessary and substantial burden for
them.
"Since the bill would already require that copies of
handgun ammunition sales records (if they existed) be
transmitted to local law enforcement, these agencies would
be well aware of an ammunition seller's presence in their
jurisdiction. There would be no need for the prior
notification requirement.
"Furthermore, there is no significant crime solving purpose
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for a local government ammunition seller's license. This
appears to be primarily a revenue generating provision for
local government.
"For the above reasons, the National Shooting Sports
Foundation must oppose the enactment of SB 427."
RJG:do 5/24/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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