BILL ANALYSIS Ó
SB 427
Page 1
SENATE THIRD READING
SB 427 (De León)
As Amended August 31, 2011
Majority vote
SENATE VOTE :22-14
PUBLIC SAFETY 5-2 APPROPRIATIONS 11-5
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|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 |
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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
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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, .22 long Rifle also known as .22 LR.
b) .25, .25 Automatic Colt Pistol also known as .25 ACP,
.25 Auto, .25 Auto.
c) .32, .32 Automatic Colt also known as .32 ACP, .32
Automatic, .32 Auto.
d) .357, .357 Magnum also known as .357 S&W Magnum.
e) .38, .38 Special also known as .38 Special +P, .38-44
High Velocity, .38 Smith & Wesson Special, .380 ACP, .380
Auto.
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f) .40, .40 Smith & Wesson also known as .40 S&W.
g) .44, .44 Remington magnum also known as .44 Magnum,
.44Smith & Wesson Special also known as .44 Special, .44
S&W Special.
h) .45, .45 Automatic Colt Pistol also known as .45 ACP,
.45 Auto, .45 Automatic.
i) 5.7x28mm.
j) 6.35mm.
aa) 7.65mm, 7.65mm Browning.
bb) 9mm, 9mm Luger also known as 9mm Parabellum, 9mm Para,
9mm Kurz, 9mm Browning short, 9x17mm, 9mm x19, 9x19mm.
cc) 10mm, 10mm Automatic also known as 10mm Auto Bren Ten.
9)Provides that if a cartridge is named or listed above, any
variation of that cartridge type is included, including
variations in bullet weight, bullet type, and notations
regarding powder such as "+P", with a decimal or without a
decimal for the purpose of defining "handgun ammunition."
10)States that "handgun ammunition" does not include either of
the following:
a) Except for .22 rimfire also known as .22 LR, ammunition
designed and intended to be used in an antique firearm as
specifically defined in federal law; or,
b) Blanks.
11)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.
12)Makes technical clarifications and corrections.
FISCAL EFFECT : According to the Assembly Appropriations
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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,
which ruled the definition of handgun ammunition in AB 962 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.
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Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744
FN: 0002355