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OFFICE OF THE MAYOR Gregory B. Lyman February 19, 2013 The Honorable Tom Ammiano Chair, Assembly Public Safety Committee 1020 N Street, Room 111 Sacramento, CA 95814 Re: Support for Assembly Bill 48 – Bulletproofing Communities (Skinner) Dear Assembly Member Ammiano: The City of El Cerrito is writing in support of AB 48, which will require ammunition vendors to report all ammunition purchases to the Department of Justice, and ban possession of magazine conversion kits. AB 48 will require anyone selling or transferring ammunition to an individual in California to require proper identification, to be an authorized firearms dealer, and to report the sales to the Department of Justice. Currently, it is more difficult to purchase over the counter cold medicine like pseudoephedrine than it is for ammunition. Furthermore, current state law does not require tracking of ammunition sales. AB 48 will provide oversight of our state’s ammunition market and makes buying ammunition at least as difficult as buying cold medicine. Additionally, this bill will make it unlawful to possess any parts that can be assembled into a complete high capacity magazine, capable of accepting more than 10 rounds. Currently, it is illegal to possess large-capacity magazines that can accept more than 10 rounds of ammunition in California. Unfortunately, some individuals obtain parts that allow them to assemble a complete such magazine themselves; AB 48 will close this loophole. Communities throughout our state and across the nation have been stunned with the horrific and tragic events that have recently occurred due to gun violence. The mass shooting in Aurora, Colorado, where the alleged shooter amassed 6,000 rounds of ammunition over a few-week period without raising red flags highlighted the need for further protection to help reduce the threat of gun violence in our communities. In Agenda Item No. 5(D) ---PAGE BREAK--- Congressman Ammiano Page 2 February 19, 2013 CITY HALL 10890 San Pablo Avenue, El Cerrito, CA 94530 Telephone (510) 215-4305 Fax (510) 215-4319 http://www.el-cerrito.org Newtown, Connecticut, police found the shooter with multiple high-capacity magazines and hundreds of unspent rounds. While incidents like Aurora and Newtown may be rare, gun violence is an ongoing, yet unnecessary threat in communities throughout California. We have an obligation to minimize gun violence and make our communities safer. Sincerely, Gregory B. Lyman Mayor cc: The Honorable Nancy Skinner, 15th District ---PAGE BREAK--- Nancy Skinner Staff Contact: Tony Bui (916) 319-2015 or [EMAIL REDACTED] Assembly Bill 48 (Skinner) Bulletproofing Communities ISSUE Today in California, it’s easier to buy bullets than to buy alcohol, cigarettes or certain cold medicines. Sales of some cold medicines are reported to the Department of Justice but not ammunition sales. We expect to show ID to buy alcohol or tobacco, but there is no such requirement for bullets. Bullets, the very thing that makes a gun deadly, should not be easier to buy than alcohol or cigarettes. Existing law prohibits individuals convicted of a felony, a violent misdemeanor, or those with mental health issues from purchasing or possessing ammunition. Additionally, current state law does not require tracking of ammunition sales. The few restrictions California does have are difficult to enforce because ammunition sellers do not have to check ID's or keep records of sales. Furthermore, our state may have one of the nation’s toughest gun laws, but laws regulating ammunition are almost absent in California. Safeguards were the norm all across the United States 40 years ago when federal law was passed to regulate ammunition sales. Under the Gun Control Act of 1968, mail-order ammunition sales across state lines were prohibited; retailers, importers, or manufacturers could only transport or ship ammunition to other licensed retailers, importers, or manufacturers. Unfortunately, these provisions were removed in 1986 when Congress adopted the Firearm Owners Protection Act, which was backed by the National Rifle Association. AB 48 (SKINNER) Adopts some of the same procedures that now cover guns sales to also cover the sale and purchase of bullets. Requires: Sellers of ammunition to be licensed, Purchasers of ammunition to show ID, Sales to be reported to the Department of Justice, and Local law enforcement to be informed when someone buys a large quantity of ammunition over a short time period. Additionally, AB 48 makes it illegal for gun owners to purchase parts that allow them to convert their guns into assault-style weapons that can fire more than 10 rounds of bullets without reloading. Currently, it is illegal in California to possess an ammunition feeding device that can hold more than 10 rounds of bullets. Unfortunately, some individuals are obtaining parts that allow them to assemble an ammunition cartridge that can hold as many as 30 rounds; AB 48 will close this loophole. Agenda Item No. 5(D) ---PAGE BREAK--- COMPLETE BILL HISTORY BILL NUMBER : A.B. No. 48 AUTHOR : Skinner TOPIC : Firearms: ammunition: sales. TYPE OF BILL : Active Non-Urgency Non-Appropriations Majority Vote Required State-Mandated Local Program Fiscal Non-Tax Levy BILL HISTORY 2013 Feb. 5 Re-referred to Com. on PUB. S. Feb. 4 From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. Jan. 14 Referred to Com. on PUB. S. Jan. 7 Read first time. 2012 Dec. 21 From printer. May be heard in committee January 20. Dec. 20 Introduced. To print. Page 1 of 1 AB 48 Assembly Bill - History 2/12/2013 http://www.leginfo.ca.gov/pub/13-14/bill/asm/ab_0001-0050/ab_48_bill_20130205_histor... Agenda Item No. 5(D) ---PAGE BREAK--- AMENDED IN ASSEMBLY FEBRUARY 4, 2013 california legislature—2013–14 regular session ASSEMBLY BILL No. 48 Introduced by Assembly Member Skinner (Coauthor: Assembly Member Coauthors: Assembly Members Ammiano, Bonta, and Williams) (Coauthor: Senator Coauthors: Senators De León and Hancock) December 20, 2012 An act to amend Sections 16740, 16890, and 32390 of, and to add Sections 16740.5, 30301, and 32311 to, the Penal Code, relating to firearms. legislative counsel’s digest AB 48, as amended, Skinner. Firearms: ammunition: sales. Except as specified, existing law makes it a crime to manufacture, import, keep for sale, offer or expose for sale, or give or lend any large-capacity magazine, and makes a large-capacity magazine a nuisance. Existing law defines “large-capacity magazine” to mean any ammunition feeding device with the capacity to accept more than 10 rounds but excludes, in pertinent part, a feeding device that has been permanently altered so that the magazine cannot accommodate more than 10 rounds. This bill would make it a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment in a county jail not to exceed 6 months, or by both that fine and imprisonment, to knowingly manufacture, import, keep for sale, offer or expose for sale, or give or lend any device that is capable of converting an ammunition feeding device into a large-capacity magazine. The bill would revise the definition of “large-capacity magazine” to mean any ammunition feeding 98 Agenda Item No. 5(D) ---PAGE BREAK--- device with the capacity to accept more than 10 rounds, including a readily restorable, as defined, disassembled large-capacity magazine, and an oversize magazine body that appears to hold in excess of 10 rounds. The bill would make related, conforming changes. By creating a new crime, this bill would impose a state-mandated local program. Existing law prohibits any person, corporation, or dealer from selling ammunition to a person under 18 years of age, selling ammunition designed for use in a handgun to a person under 21 years of age, or providing possession of any ammunition to any minor who the person, corporation, or dealer knows is prohibited from possessing that ammunition at that time. Existing law prohibits a person, corporation, or firm from giving possession or control of ammunition to any person who he or she knows is prohibited by law from possessing ammunition. Existing law also regulates handgun ammunition vendors and provides that a handgun ammunition vendor shall not permit any employee who the vendor knows or reasonably should know is a person who has been convicted of a felony or other specified crimes to handle, sell, or deliver handgun ammunition in the course and scope of employment. This bill would require anyone in the state, prior to selling, transferring, or otherwise furnishing ammunition to an individual or business entity in this state or any other state to require proper identification, as prescribed, to be an authorized firearms dealer, and to report the sales to the Department of Justice. An individual who fails to make the required report or who knowingly makes a report with false or fictitious information would be guilty of a misdemeanor, as specified. This bill would exempt an individual in the state who sells, transfers, or furnishes ammunition to certain specified law enforcement individuals from those identification and reporting requirements. By creating a new crime, this bill would impose a state-mandated local program. The bill would require the department to alert local law enforcement entities in the community in which the purchaser resides if an individual purchaser who is not a peace officer obtains more than rounds within a 5-day period. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. 98 — 2 — AB 48 ---PAGE BREAK--- Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes. The people of the State of California do enact as follows: line 1 SECTION 1. Section 16740 of the Penal Code is amended to line 2 read: line 3 16740. As used in this part, “large-capacity magazine” line 4 means any ammunition feeding device with the capacity to accept line 5 more than 10 rounds, including, but not limited to, a readily line 6 restorable disassembled large-capacity magazine and an oversize line 7 magazine body that appears to hold in excess of 10 rounds. A line 8 magazine body is not a large-capacity magazine if it is only of line 9 sufficient size to accommodate no more than 10 rounds of line 10 ammunition and the internal working parts of the magazine, line 11 including the follower and spring. line 12 As used in this section, “readily restorable” means magazine line 13 parts under the custody and control of an individual or individuals line 14 that can be assembled into a complete magazine. line 15 SEC. 2. Section 16740.5 is added to the Penal Code, to read: line 16 16740.5. As used in this part, a “large-capacity magazine” shall line 17 not be construed to include any of the following: line 18 A .22 caliber tube ammunition feeding device. line 19 A tubular magazine that is contained in a lever-action line 20 firearm. line 21 SEC. 3. Section 16890 of the Penal Code is amended to read: line 22 16890. As used in Section 16150, 16740, 30305, or 30515, line 23 “magazine” means any ammunition feeding device, including line 24 readily restorable disassembled magazines. For purposes of this line 25 section, “readily restorable” means magazine parts under the line 26 custody and control of an individual or individuals that can be line 27 assembled into a complete magazine. line 28 SEC. 4. Section 30301 is added to the Penal Code, to read: line 29 30301. Anyone in this state, prior to selling, transferring, line 30 or otherwise furnishing ammunition to an individual or business line 31 entity in this state or any other state, shall do all of the following: line 32 Require proper identification from the purchaser in the form line 33 of a driver’s license or other photographic identification issued by line 34 a state or the federal government. line 35 Be an authorized firearms dealer, pursuant to Section 26500. 98 AB 48 — 3 — ---PAGE BREAK--- line 1 Submit a report to the Department of Justice for all of the line 2 transactions, in a manner to be determined by the department. line 3 The Department of Justice shall alert local law enforcement line 4 entities in the community in which the purchaser resides if the line 5 purchaser obtains more than rounds within a five-day period line 6 and the purchaser is an individual and not an authorized firearms line 7 dealer. The department is not required to alert local law line 8 enforcement of sales of ammunition made to peace officers. line 9 Any individual who does not submit the report required line 10 by paragraph of subdivision or who knowingly submits a line 11 report with false or fictitious information, shall be punished by line 12 imprisonment in a county jail not exceeding six months, by a fine line 13 not exceeding five thousand dollars ($5,000), or by both the fine line 14 and imprisonment. line 15 Any individual who has previously been convicted of a line 16 violation of paragraph shall, upon a subsequent conviction line 17 thereof, be punished by imprisonment pursuant to subdivision line 18 of Section 1170 of the Penal Code, or by imprisonment in a county line 19 jail not exceeding one year, by a fine not exceeding one hundred line 20 thousand dollars ($100,000), or by both the fine and imprisonment. line 21 Subdivisions and do not apply to or affect the line 22 sale, delivery, or transfer of ammunition to any of the following: line 23 An authorized law enforcement representative of a city, line 24 county, city and county, or state or federal government, if the sale, line 25 delivery, or transfer is for the exclusive use by that government line 26 agency and, prior to the sale, delivery, or transfer of the line 27 ammunition, written authorization from the head of the agency line 28 employing the purchaser or transferee is obtained identifying the line 29 employee as an individual authorized to conduct the transaction, line 30 and authorizing the transaction for the exclusive use of the agency line 31 employing the individual. line 32 A sworn peace officer, as defined in Chapter 4.5 line 33 (commencing with Section 830) of Title 3 of Part 2 who is line 34 authorized to carry a firearm in the course and scope of his or her line 35 duties. line 36 SEC. 5. Section 32311 is added to the Penal Code, to read: line 37 32311. Except as provided in Article 2 (commencing with line 38 Section 32400) of this chapter and in Chapter 1 (commencing with line 39 Section 17700) of Division 2 of Title 2, commencing January 1, line 40 2014, any person in this state who knowingly manufactures or 98 — 4 — AB 48 ---PAGE BREAK--- line 1 causes to be manufactured, imports into the state, keeps for sale, line 2 or offers or exposes for sale, or who gives or lends any device that line 3 is capable of converting an ammunition feeding device into a line 4 large-capacity magazine is punishable by a fine of not more than line 5 one thousand dollars ($1,000) or imprisonment in a county jail not line 6 to exceed six months, or by both that fine and imprisonment. line 7 SEC. 6. Section 32390 of the Penal Code is amended to read: line 8 32390. Except as provided in Article 2 (commencing with line 9 Section 32400) of this chapter and in Chapter 1 (commencing with line 10 Section 17700) of Division 2 of Title 2, and in subdivision line 11 any large-capacity magazine is a nuisance and is subject to Section line 12 18010. line 13 Subdivision does not apply to the possession of a readily line 14 restorable disassembled large-capacity magazine or an oversize line 15 magazine body that has been permanently altered so that the line 16 magazine cannot accommodate more than 10 rounds by a person line 17 who lawfully possessed the magazine prior to January 1, 2014. line 18 SEC. 7. No reimbursement is required by this act pursuant to line 19 Section 6 of Article XIIIB of the California Constitution because line 20 the only costs that may be incurred by a local agency or school line 21 district will be incurred because this act creates a new crime or line 22 infraction, eliminates a crime or infraction, or changes the penalty line 23 for a crime or infraction, within the meaning of Section 17556 of line 24 the Government Code, or changes the definition of a crime within line 25 the meaning of Section 6 of Article XIII B of the California line 26 Constitution. O 98 AB 48 — 5 —