BILL ANALYSIS Ó
SB
427
Page
1
SENATE THIRD READING
SB 427 (De León)
As Amended July 7, 2011
Majority vote
SENATE VOTE :22-14
PUBLIC SAFETY 5-2 APPROPRIATIONS 11-5
-----------------------------------------------------------------
|Ayes:|Ammiano, Cedillo, Hill, |Ayes:|Fuentes, Blumenfield, |
| |Mitchell, Skinner | |Bradford, Charles |
| | | |Calderon, Campos, Gatto, |
| | | |Hall, Hill, Lara, |
| | | |Mitchell, Solorio |
| | | | |
|-----+--------------------------+-----+--------------------------|
|Nays:|Knight, Hagman |Nays:|Harkey, Donnelly, |
| | | |Nielsen, Norby, Wagner |
-----------------------------------------------------------------
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
SB
427
Page
2
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
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 ammunition capable of being
used in pistols, revolvers,
and other firearms capable of being concealed upon the person
notwithstanding that the ammunition may be used in some rifles,
and for the purpose of maintaining records related to handgun
ammunition purchases, "handgun ammunition" means 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;
SB
427
Page
3
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,
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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee:
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,
SB
427
Page
4
which ruled the definition of handgun ammunition in AB 962 (De
León), Chapter 628, Statutes of 2009, was vague, resulting in
an injunction against portions of the bill.
COMMENTS : 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 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."
Please see the policy committee analysis for a full discussion of
this bill.
Analysis Prepared by : Gregory Pagan / PUB. S. / (916) 319-3744
FN: 0001616
SB
427
Page
5