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Dead Constitution
See other Dead Constitution Articles

Title: AB 2062
Source: Leginfo.ca.gov
URL Source: http://www.leginfo.ca.gov/pub/07-08 ... _bill_20080219_introduced.html
Published: Jun 10, 2008
Author: The State's minions
Post Date: 2008-06-10 19:15:03 by Axenolith
Keywords: Gun Control, Ammunition, BullS***
Views: 128
Comments: 7

While the requirement for a permit to purchase more than 50 rounds of handgun ammunition per month was removed from this on the 8th of April, the remainder, which contains a ban on mail order ammunition, still sails through that pestilence infested craphole in Sacramento and thenceforth to Rino Boys desk...

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Begin Trace Mode for Comment # 4.

#2. To: Axenolith, *California list* (#0)

While the requirement for a permit to purchase more than 50 rounds of handgun ammunition per month was removed from this on the 8th of April, the remainder, which contains a ban on mail order ammunition, still sails through that pestilence infested craphole in Sacramento and thenceforth to Rino Boys desk...

Your link goes to the introduced version. The provisions you say were removed are still in the amended bill. Very little has been removed. The bill still has to go through the Senate. Here is the analysis as of May 23rd.

ASSEMBLY THIRD READING
AB 2062 (De Leon)
As Amended May 23, 2008
Majority vote

SUMMARY : Requires, commencing July 1, 2009, that any person that sells or transfers more than 50 rounds of handgun ammunition in any month to register as a handgun ammunition vendor. Specifically, this bill :

1)Provides that commencing July 1, 2009, no person shall sell or transfer ownership of more than 50 rounds of handgun ammunition in any month unless the person is licensed by the Department of Justice (DOJ) as a licensed handgun ammunition vendor, as specified.

2)Exempts the sale and transfer of ownership of handgun ammunition to licensed vendors.

3)Exempts sales or transfers of ownership of handgun ammunition made by an authorized law enforcement representative of a federal, state or local agency to a peace officer authorized to carry a handgun in the course and scope of his/her duties.

4)Exempts the sale or transfer of ownership of handgun ammunition to a representative of a federal, state, or local agency, with written authorization by the head of the agency authorizing the transaction, is presented to the vendor of handgun ammunition.

5)Exempts the sale or transfer of ownership of handgun ammunition state and local entities in which the entity is acquiring the ammunition as part of an authorized program in which the entity is buying or receiving ammunition from private individuals.

6)Exempts the sale or transfer of ownership of handgun ammunition between immediate family members, spouses, or registered domestic partners.

7)Provides that a violation of provisions relating to the sale and transfer of handgun ammunition is a misdemeanor.

8)Authorizes the DOJ to issue handgun ammunition vendor licenses.

9)Provides that no ammunition handgun vendor license may be issued to an applicant who fails to provide a copy of any required local business license, a seller's permit, a federal firearms license if the person is federally licensed, and a certificate of eligibility. The handgun ammunition vendor's license shall be issued to an individual for a specific physical location where the sale or transfer of ownership of handgun ammunition is to be conducted.

10)Requires the DOJ to inform applicants who are denied licenses of the reason for the denial in writing.

11)Requires the handgun ammunition vendor license to be issued in a form prescribed by the Attorney General and shall be valid for a period of one year.

12)Allows the DOJ to charge handgun ammunition vendors license applicants a fee sufficient for the costs or reimbursing the DOJ for the cost of administering the handgun license program, maintaining the registry of handgun ammunition vendors, and necessary regulatory functions, including enforcement, provided that the fee shall not exceed $50.

13)Requires the DOJ to issue licenses to the following applicants:

a) State licensed firearms dealers; b) Federally licensed firearms dealers;

c) A target facility which holds a business or regulatory license;

d) Gunsmiths;

e) Wholesalers; and,

f) Manufacturers or importers of firearms, as specified.

14)Requires the DOJ to keep a centralized registry of all persons, businesses, and corporations who are vendors, and provides that the DOJ may remove any vendor from the registry who violates any provisions relating to the transfer and sale of handgun ammunition.

15)Provides that the license of any vendor that violates provisions three times relating to the sale or transfer of ammunition shall be permanently revoked, and notice of the revocation shall be provided to local law enforcement and licensing authorities in the jurisdiction where the vendor's business is located.

16)States that information contained in the centralized registry of handgun ammunition vendors shall be made available to law enforcement when the information is requested for the purpose of determining the validity of handgun ammunition deliveries.

17)Provides that a handgun ammunition vendor shall comply with all of the following:

a) A vendor shall not permit an employee who is prohibited from possessing a firearm, or has been assessed as a danger to his or her self or others, to handle ammunition in the scope of his or her employment;

b) Requires a vendor to obtain a background clearance for an employee of a vendor who becomes an employee after July 1, 2009 to determine if the employee is a prohibited person, and requires that the request be made within 45 days of employing the individual;

c) Requires a vendor to obtain a background clearance for an employee of a vendor who becomes an employee on or before July 1, 2009, to determine if the employee is a prohibited person no later than August 15, 2009; and,.

d) Allows the DOJ to require the vendor to charge a fee sufficient to reimburse the DOJ for the cost of the background clearance.

18)Prohibits a vendor of handgun ammunition from selling, or displaying for sale any handgun ammunition in a manner that allows that ammunition to be accessible to a purchaser without the assistance of the retailer or employee thereof.

19)Provides that commencing July 1, 2009, no seller of handgun ammunition shall sell or transfer handgun ammunition without at the time of purchase recording the following information on a form prescribed by the DOJ:

a) The date of the transaction;

b) The purchaser or 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 transferee's signature;

e) The name of the salesperson who processed the transaction;

f) The right thumbprint of the purchaser;

g) The purchaser's or transferee's full residential address or telephone number; and,

h) The purchaser's or transferee's date of birth.

21)Requires that commencing July 1, 2009, the records of the sale or transfer of handgun ammunition be maintained on the premises of the vendor for at least five years from the date of transfer.

22)Provides that the handgun ammunition 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.

23)Exempts from providing specified information at the time of purchase or transfer of ownership of handgun ammunition to the following:

a) A licensed firearms dealer;

b) A licensed handgun ammunition vendor;

c) A target facility which holds a business or regulatory license;

d) Gunsmiths;

e) Wholesalers;

f) Manufacturers or importers of firearms, as specified;

g) A non-profit public benefit corporation if the non-profit is selling ammunition to assist in fundraising activities for the corporation, or a chapter of the corporation;

h) Sales or transfers of ownership of handgun ammunition made to authorized law enforcement representatives if written authorization from the employing the agency is presented to the person from whom the purchase is being made; and,

i) Sales or transfers of ownership of handgun ammunition by licensed handgun ammunition vendors to sworn peace officers, as specified.

24)Provides that any fees received by the DOJ relating to licensed ammunition vendors be deposited in Dealer's Record of Sale Special Account of the General Fund.

25)Provides that specified violations relating to the sale or transfer of ammunition by a licensed handgun ammunition vendor is a misdemeanor.

26)States that no person, corporation, or firm shall knowingly supply, deliver, sell, or give possession of any handgun ammunition to any person who is prohibited from possessing handgun ammunition, or to any person he or she has cause to believe is prohibited from possessing handgun ammunition.

27)Provides that a sale of handgun ammunition by a person, corporation or firm to a prohibited person, or person he or she has cause to believe is a prohibited person, is punishable by up to one year in the county jail, by a fine not to exceed $1,000, or both; or, by a misdemeanor depending on the circumstances.

28)Defines "ammunition" to include, but not be limited to, bullet, cartridge, or projectile capable of being fired from a firearm with deadly consequence. Ammunition does not include blanks used in prop weapons.

29)Provides that any person who is a member of a criminal street gang who is subject to an injunction, as specified, may not own, possess, or have under his or her custody or control, any ammunition or reloaded ammunition, and violation of this provision is a misdemeanor.

30)Provides that commencing July 1, 2009, 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, and violation of this provision is a misdemeanor.

31)Defines "bona fide evidence of identity" as a document issued by a federal, state, county, or municipal government, or agency thereof, including, but not limited to, a motor vehicle operator's license, California state identification card, identification card issued to a member of the armed forces, or other form of identification that bears the name, date of birth, description, and picture of the person.

32)Provides that the face-to-face requirement shall not apply to the delivery of ammunition to law enforcement agencies, sworn peace officers, importers and manufacturers of firearms, licensed ammunition vendors, licensed firearms collectors, and consultant evaluators.

FISCAL EFFECT : According to the Assembly Appropriations Committee, one-time costs of about $550,000 to DOJ to build the data system, and ongoing costs of about $150,000 for two personnel years within the Bureau of Firearms. Based on initial DOJ revenue estimates from the $50 fee created in this bill, the fee would not fully cover costs for about five years, which would require bridge loans or redirected revenue of several hundred thousand dollars during that period.

COMMENTS : According to the author, "It is currently easier to purchase handgun ammunition than it is a package of cigarettes or spray paint. While the State has enacted legislation designed to keep guns out of the wrong hands, it's done little to prevent criminals and gang members who already have guns from readily accessing the ammunition that drives gun violence.

"Bullets are ending up in guns and in the wrong hands across California and we have no idea who is selling this dangerous product. Currently, not a single California state-wide agency tracks who is buying or selling bullets.

"Patterned after a similar and successful law upheld in Illinois for nearly four decades, AB 2062 would enact the regulatory structure necessary to end the immediate access to unlimited ammunition gangs and criminals currently enjoy that fuels gun violence and criminal activity."

Please see the policy committee analysis for full discussion of this bill.

farmfriend  posted on  2008-06-10   20:47:22 ET  Reply   Untrace   Trace   Private Reply  

I thought the original required it for receipt of it too, and didn't exempt transfer between relatives. Still, it's legislative bullshit from a worthless, excrement feeding, politician...

I'd like to see how they defined "success" in Illinois. It's oriented towards handguns, and I'd be AMAZED if more than 1% of shooting situations in the last 20 or so years involved the firing of more than 20 rounds...

Axenolith  posted on  2008-06-11   1:00:05 ET  Reply   Untrace   Trace   Private Reply  

#5. To: Axenolith (#4)

I thought the original required it for receipt of it too, and didn't exempt transfer between relatives.

Could be. I'd have to go look at what was crossed out.

Still, it's legislative bullshit from a worthless, excrement feeding, politician...

farmfriend  posted on  2008-06-11 06:57:16 ET  Reply   Untrace   Trace   Private Reply  

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