BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 427|
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VETO
Bill No: SB 427
Author: De León (D)
Amended: 8/31/11
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
SENATE FLOOR : 22-14, 5/31/11
AYES: Alquist, Calderon, Corbett, De León, DeSaulnier,
Evans, Hancock, Hernandez, Kehoe, Leno, Lieu, Liu,
Lowenthal, Padilla, Pavley, Price, Simitian, Steinberg,
Vargas, Wolk, Wright, Yee
NOES: Anderson, Blakeslee, Cannella, Correa, Dutton,
Fuller, Gaines, Harman, Huff, La Malfa, Runner,
Strickland, Walters, Wyland
NO VOTE RECORDED: Berryhill, Emmerson, Negrete McLeod,
Rubio
ASSEMBLY FLOOR : 48-30, 9/7/11 - See last page for vote
SENATE FLOOR : 21-18, 9/8/11
AYES: Alquist, Calderon, Corbett, De León, DeSaulnier,
Evans, Hancock, Hernandez, Kehoe, Leno, Lieu, Liu,
Lowenthal, Padilla, Pavley, Price, Simitian, Steinberg,
Vargas, Wolk, Yee
NOES: Anderson, Berryhill, Blakeslee, Cannella, Correa,
Dutton, Emmerson, Fuller, Gaines, Harman, Huff, La Malfa,
Negrete McLeod, Rubio, Runner, Strickland, Walters,
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Wyland
NO VOTE RECORDED: Wright
SUBJECT : Ammunition and firearms
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.
Assembly Amendments (1) recast the definition of "handgun
ammunition"; and (2) provides that it is a misdemeanor for
a vendor to knowingly allow specified individuals from
processing, handling, selling or delivering handgun
ammunition.
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.
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 defines "handgun ammunition" for most purposes
as ammunition principally for use in handguns,
notwithstanding that the ammunition may also be used in
some rifles.
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This bill 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 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.
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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.
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.
K. 7.65mm, 7.65mm Browning.
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L. 9mm, 9mm Luger also known as 9mm Parabellum, 9mm
Para, 9mm Kurz, 9mm Browning short, 9x17mm, 9mm x19,
9x19mm.
M. 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.
Existing law provides that a handgun ammunition vendor
shall not permit any employee who the vendor knows or
reasonably should know is a person prohibited from
possessing firearms, as specified, to handle, sell, or
deliver handgun ammunition in the course and scope of
employment. Existing law also provides that a handgun
ammunition vendor shall not sell or otherwise transfer
ownership of, offer for sale or otherwise offer to transfer
ownership of, or display for sale or display for transfer
of ownership of any handgun ammunition in a manner that
allows that ammunition to be accessible to a purchaser or
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transferee without the assistance of the vendor or an
employee of the vendor. Existing law, operative January 1,
2012, provides that specified records of handgun ammunition
transfers created by handgun ammunition vendors shall be
subject to inspection by a peace officer district attorney
or by an employee of the Department of Justice, as
specified.
This bill makes violation of these provisions a
misdemeanor.
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
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.
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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
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
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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
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."
GOVERNOR'S VETO MESSAGE:
"I am returning Senate Bill 427 without my signature.
This measure would amend a recently enacted law
concerning the sale and purchase of handgun ammunition.
That law is currently being litigated.
Let's keep our powder dry on amendments until the court
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case runs its course."
ASSEMBLY FLOOR : 48-30, 9/7/11
AYES: Alejo, Allen, Ammiano, Atkins, Beall, Block,
Blumenfield, Bonilla, Bradford, Brownley, Buchanan,
Butler, Charles Calderon, Campos, Carter, Cedillo,
Chesbro, Davis, Dickinson, Eng, Feuer, Fong, Fuentes,
Furutani, Gordon, Hall, Hayashi, Roger Hernández, Hill,
Hueso, Huffman, Lara, Bonnie Lowenthal, Ma, Mendoza,
Mitchell, Monning, Pan, V. Manuel Pérez, Portantino,
Skinner, Solorio, Swanson, Torres, Wieckowski, Williams,
Yamada, John A. Pérez
NOES: Achadjian, Bill Berryhill, Conway, Cook, Donnelly,
Fletcher, Beth Gaines, Garrick, Gatto, Grove, Hagman,
Halderman, Harkey, Huber, Jeffries, Jones, Knight, Logue,
Mansoor, Miller, Morrell, Nestande, Nielsen, Norby,
Olsen, Perea, Silva, Smyth, Valadao, Wagner
NO VOTE RECORDED: Galgiani, Gorell
RJG:do 1/4/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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