BILL ANALYSIS Ó
SB 427
Page 1
Date of Hearing: July 6, 2011
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 427 (De Leon) - As Amended: June 15, 2011
Policy Committee: Public
SafetyVote: 5-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill makes clarifying changes to AB 962 (De Leon), Statutes
of 2010, regarding handgun ammunition vendors. Specifically,
this bill:
1)Defines handgun ammunition as any variety of ammunition in
specified calibers, notwithstanding that the ammunition may be
used in some rifles.
2)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 gun as a term
of the injunction.
3)Provides that handgun ammunition may be purchased over the
Internet or through other means of remote ordering if an
ammunition vendor receives the ammunition and collects the
required information from the purchaser.
4)Clarifies that vendors may record ammunition purchase
information electronically.
5)Specifies that, effective February 1, 2012, it is a
misdemeanor, punishable by up to six months in jail and/or a
fine of up to $1,000, to provide ammunition purchaser
information to a third party without written consent of the
purchaser or to use, copy, or disclose such information for
unauthorized purposes.
6)Requires that, effective February 12, 2012, records no longer
SB 427
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required to be maintained be destroyed in a manner that
protects the purchaser who is the subject of the record.
7)Requires an ammunition vendor, effective February 1, 2012, to
provide notice to local law enforcement regarding intent to do
business, and obtain necessary business licensing.
FISCAL EFFECT
1)Minor annual nonreimbursable local law enforcement and
incarceration costs, offset to a degree by increased fine
revenue, to the extent a handgun ammunition vendor discloses
unauthorized ammunition purchase information.
2)State 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 was
vague, resulting in an injunction against portions of the
bill.
COMMENTS
1)Rationale . The author's intent is to clarify the intent of AB
962, Chapter 628, Statutes of 2009, by (a) addressing legal
challenges to the Chapter 628 definition of handgun
ammunition; (b) specifying handgun ammunition sales records
cannot be provided to a third party without consent of the
purchaser and are to be used only for law enforcement
investigative purposes; and (c) specifying that ammunition
records no longer required to be maintained must be destroyed
in a way that protects a purchaser's privacy. The
record-keeping provisions address identity theft and privacy
concerns referenced by AB 962 opponents.
2)Current law , pursuant to AB 962, 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
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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.
3)AB 962 and the Ruling in Parker v. State of California, et al.
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. As a result of this ruling,
the Court enjoined the State Attorney General from enforcing
those sections. The state is appealing the decision.
4)Prior legislation , AB 2358 (De Leon), 2010, 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.
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081