BILL ANALYSIS Ó
SB 427
Page 1
Date of Hearing: June 21, 2011
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 427 (De Leon) - As Amended: June 15, 2011
SUMMARY : Provides that, commencing February 1, 2012, an
ammunition vendor shall not provide ammunition purchaser
information to any third party without the written consent of
the purchaser, and requires that any records no longer required
to be maintained be destroyed in a manner that protects the
purchaser who is the subject of the record. Specifically, this
bill :
1)Provides that, commencing February 1, 2012, an ammunition
vendor shall not provide ammunition purchaser information 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 that
is the subject of the record.
2)Provides that any person who uses, copies, or discloses
ammunition purchase information for any unauthorized purpose
is guilty of a misdemeanor punishable by imprisonment in the
county jail not to exceed six months, by a fine not to exceed
$1,000, or by both a fine and imprisonment.
3)Require that any records no longer required to be maintained
by an ammunition vendor shall be destroyed in a manner that
protects the privacy of the purchaser or the transferee who is
the subject of the record.
4)Authorizes specified law enforcement personnel to copy
ammunition purchase records
for investigatory or enforcement purposes.
5)Clarifies that ammunition purchase information may be recorded
electronically by the vendor.
6)States that, commencing February 1, 2012, an ammunition vendor
shall provide written notice to the local police chief, or if
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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.
7)Provides that handgun ammunition may be purchased over the
Internet or through other means of remote ordering if a
handgun ammunition vendor in this state receives the
ammunition and collects the required information from the
purchaser.
8)Defines "handgun ammunition" as any variety of ammunition in
the following calibers, notwithstanding that the ammunition
may be used in some rifles:
a) .22 rimfire;
b) .25;
c) .32;
d) .38;
e) 9mm;
f) 10mm;
g) .40;
h) .44;
i) .45;
j) 5.7x28mm;
aa) .357; and,
bb) .380.
9)States that "handgun ammunition" does not include either of
the following:
a) Ammunition designed and intended to be used in an
antique firearm as specifically defined in federal law; or,
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b) Blanks.
10)Provides that in every case in which a court orders an
injunction to abate a nuisance related to gang activity, the
court shall state on the record whether any or all of the
defendants shall be enjoined from possessing a firearm as a
term of the injunction.
11)Makes technical clarifications and corrections.
EXISTING LAW :
1)Provides, 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;
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. ÝPenal
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. ÝPenal Code Section 12061(a)(4).]
3)Requires, commencing February 1, 2011, the handgun ammunition
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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. ÝPenal 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 . . . . " Ý18 United States Code Service 922(b)(1).]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "In 2009,
Governor Schwarzenegger signed AB 962 into law prohibiting a
vendor from selling or furnishing ammunition to any person
known to be prohibited from possessing or acquiring
ammunition. The law also requires vendors to record handgun
ammunition sales, and makes the records available to law
enforcement for the purposes of crosschecking purchasers with
prohibited person's databases, to help crack down on criminals
purchasing ammunition. The recording requirement commenced
February 1, 2011.
"SB 427 provides consumer privacy protections for ammunition
purchases and provides technical clean-up to AB 962. This
clean-up language clarifies that data can be recorded
electronically and creates privacy protection for this
information. These privacy protections ensure that the data
is collected and kept in a manner that protects the consumer
and it prevents 3rd parties to access this information without
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written consent.
"Lastly, in order to access these records, local law enforcement
must know who is selling ammunition. Without any written
notice by an ammunition vendor, local law enforcement would
not know where to locate ammunition purchase records.
Currently, the statute enacted by AB 962 does not clarify that
ammunition vendors must provide local law enforcement written
notice of their intent to conduct business."
2)Argument in Support : According to the California Chapters of
the Brady Campaign to Prevent Gun Violence, "In 2009, the
California Brady Campaign Chapters were co-sponsors of AB 962,
which was signed by Governor Schwarzenneger. This new law
will reduce easy access to handgun ammunition and give law
enforcement a tool to find and remove illegal guns and
ammunition from prohibited persons. Under AB 962, sellers of
handgun ammunition will be required to maintain records
containing information about the purchaser and the type and
amount of handgun ammunition sold. A key component of the
bill, the handgun ammunition vendor's licensing program, was
amended out for a variety of reasons.
"Senate Bill 427 seeks to clarify the original intent of AB 962
by specifying that the handgun ammunition sales record cannot
be provided to a non-authorized person or third party without
the written consent of the purchaser. These records can only
be used for investigative purposes by law enforcement. In
addition, the bill specifies that ammunition records that are
no longer required to be maintained shall be destroyed in a
manner that protects the privacy of the purchaser. These
provisions address the concerns about identity theft and
privacy that were brought up by the opponents of AB 962."
3)Argument in Opposition : According to the National Rifle
Association , "Senate Bill 427 does not set a statewide
standard of preempt local jurisdictions from enacting
duplicative laws for the registration of ammunition
purchasers. The lack of preemption could require the state
licensed handgun ammunition sellers to obtain additional
business licenses from local government. Senate Bill 427 has
NO requirements that the local government agencies process the
licensing applications on a timely basis and does not limit
the amount of local fees that may be charge to state licensed
firearms dealers for a local license.
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"Senate Bill 427 would require ammunition dealers to create
multiple copies of registration information for the same
customer, one registration form in the format for the local
agency and another registration form in the format for the
state Department of Justice (DOJ).
"Senate Bill 427 has NO standards for the format or content of
the purchaser information required to be collected per local
requirements. The lack of continuity for the format or
content of the information required to be recorded will create
an auditing and compliance maze for the Department of Justice
(DOJ) and the Federal BAFT that regulate, oversee and audit
the licensed firearms dealers."
4)Prior Legislation :
a) AB 962 (De Leon), Chapter 628, required, commencing
February 1, 2011, obtain a thumbprint and other specified
information from an ammunition purchaser and requires that
the above information be available for inspection by law
enforcement.
b) AB 2358 (De Leon) of the 2010 Legislative Session was
similar to this bill in that it prohibited ammunition
vendors from providing ammunition purchaser information to
any third party without the consent of the purchaser. AB
2358 Failed passage on the Senate Floor.
REGISTERED SUPPORT / OPPOSITION :
Support
California Chapters of the Brady Campaign to Prevent Gun
Violence
Legal Community Against Violence
Opposition
California Association of Firearms Retailers
California Rifle and Pistol Association
Gun Owners of California
J&R Sports Supply
National Rifle Association
National Shooting Sports Foundation
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Two private individuals
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744