The powers that be keep saying that all these guns laws are about keeping guns out of the hands of criminals. How ridiculous is that considering criminals are criminals BECAUSE they don’t follow the rules. This law requires face to face transactions only, (no online purchases), and all purchasers of ammunition to be thumbprinted, IDed, exact types and amounts of ammunition recorded, and carries jail time and fines for selling to known criminals. How stupid is that considering a road trip to a nearby state would only take a few hours, giving the ammo away isn’t illegal, and then of course, “representatives” of law enforcement agencies are exempt from this law. (As usual, bold emphasis is mine and meant to bring your attention to parts of the bill.)
Californians? WAKE UP!
AB 962, De Leon. Ammunition.
Existing law generally regulates the sale of ammunition.
The bill would provide that no handgun ammunition vendor, as defined, shall sell, offer for sale, or display for sale, any handgun ammunition in a manner that allows that ammunition to be accessible to a purchaser without the assistance of the vendor or employee thereof.
Existing law generally regulates what information is required to be obtained in connection with the transfer of ammunition. This bill would, subject to exceptions, commencing February 1, 2011, require handgun ammunition vendors to obtain a thumbprint and other information from ammunition purchasers, as specified. A violation of these provisions would be a misdemeanor.
This bill would provide that a person enjoined from engaging in activity associated with a criminal street gang, as specified, would be prohibited from having under his or her possession, custody, or control, any ammunition. Violation of these provisions would be a misdemeanor.
The bill would prohibit supplying or delivering, as specified, handgun ammunition to prohibited persons, as described, by persons or others who know, or by using reasonable care should know, that the recipient is a person prohibited from possessing ammunition or a minor prohibited from possessing ammunition, as specified. Violation of these provisions is a misdemeanor with specified penalties.
The bill would provide, subject to exceptions, that commencing February 1, 2011, the delivery or transfer of ownership of handgun ammunition may only occur in a face-to-face transaction, with the deliverer or transferor being provided bona fide evidence of identity of the purchaser or other transferee. A violation of these provisions would be a misdemeanor. By creating new crimes, this bill would impose a state-mandated local program.
Article 3.5. Handgun Ammunition Vendors
12060. As used in this article, the following terms apply:
(a) “Department” means the Department of Justice.
(b) “Handgun ammunition” means handgun ammunition as defined in subdivision (a) of Section 12323, but excluding ammunition designed and intended to be used in an “antique firearm” as defined in Section 921(a)(16) of Title 18 of the United States Code. Handgun ammunition does not include blanks.
(c) “Handgun ammunition vendor” or “vendor” means any person, firm, corporation, dealer, or any other business enterprise that is engaged in the retail sale of any handgun ammunition, or that holds itself out as engaged in the business of selling any handgun ammunition.
12061. (a) A vendor shall comply with all of the following conditions, requirements and prohibitions:
(1) A vendor shall not permit any employee who the vendor knows or reasonably should know is a person described in Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the Welfare and Institutions Code to handle, sell, or deliver handgun ammunition in the course and scope of his or her employment.
(2) A 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 transferee without the assistance of the vendor or employee thereof.
(3) Commencing February 1, 2011, a vendor shall not sell or otherwise transfer ownership of any handgun ammunition without, at the time of delivery, legibly recording the following information:
(A) The date of the sale or other transaction.
(B) The purchaser’s 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 sold or otherwise transferred.
(D) The purchaser’s or transferee’s signature.
(E) The name of the salesperson who processed the sale or other transaction.
(F) The right thumbprint of the purchaser or transferee on the above form.
(G) The purchaser’s or transferee’s full residential address and telephone number.
(H) The purchaser’s or transferee’s date of birth.
(4) Commencing February 1, 2011, the records required by this section shall be maintained on the premises of the vendor for a period of not less than five years from the date of the recorded transfer.
(5) Commencing February 1, 2011, the records referred to in paragraph (3) shall be subject to inspection at any time during normal business hours by any peace officer employed by a sheriff, city police department, or district attorney as provided in subdivision (a) of Section 830.1, or employed by the department as provided in subdivision (b) of Section 830.1, provided the officer is conducting an investigation where access to those records is or may be relevant to that investigation, is seeking information about persons prohibited from owning a firearm or ammunition, or is engaged in ensuring compliance with the Dangerous Weapons Control Law (Chapter 1 (commencing with Section 12000) of Title 2 of Part 4), or any other laws pertaining to firearms or ammunition. The records shall also be subject to inspection at any time during normal business hours by any other employee of the department, provided that employee is conducting an investigation where access to those records is or may be relevant to that investigation, is seeking information about persons prohibited from owning a firearm or ammunition, or is engaged in ensuring compliance with the Dangerous Weapons Control Law (Chapter 1 (commencing with Section 12000) of Title 2 of Part 4), or any other laws pertaining to firearms or ammunition.
(6) Commencing February 1, 2011, the vendor shall not knowingly make a false entry in, fail to make a required entry in, fail to obtain the required thumbprint, or otherwise fail to maintain in the required manner records prepared in accordance with paragraph (2). If the right thumbprint is not available, then the vendor shall have the purchaser or transferee use his or her left thumb, or any available finger, and shall so indicate on the form. If the purchaser or transferee is physically unable to provide a thumbprint or fingerprint, the vendor shall so indicate on the form.
(7) Commencing February 1, 2011, no vendor shall refuse to permit a person authorized under paragraph (5) to examine any record prepared in accordance with this section during any inspection conducted pursuant to this section, or refuse to permit the use of any record or information by those persons.
(b) Paragraph (3) of subdivision (a) shall not apply to or affect sales or other transfers of ownership of handgun ammunition by handgun ammunition vendors to any of the following, if properly identified:
(1) A person licensed pursuant to Section 12071.
(2) A handgun ammunition vendor.
(3) A person who is on the centralized list maintained by the department pursuant to Section 12083.
(4) A target facility which holds a business or regulatory license.
(7) Manufacturers or importers of firearms licensed pursuant to Chapter 44 (commencing with Section 921) of Title 18 of the United States Code, and the regulations issued pursuant thereto.
(8) Sales or other transfers of ownership made to authorized law enforcement representatives of cities, counties, cities and counties, or state or federal governments for exclusive use by those government agencies if, prior to the delivery, transfer, or sale of handgun ammunition, written authorization from the head of the agency authorizing the transaction is presented to the person from whom the purchase, delivery, or transfer is being made. Proper written authorization is defined as verifiable written certification from the head of the agency by which the purchaser, transferee, or person otherwise acquiring ownership is employed, identifying the employee as an individual authorized to conduct the transaction, and authorizing the transaction for the exclusive use of the agency by which he or she is employed.
The jail time and fines start on page 4 of this law.
Gov Holds AB 962 Signing Ceremony
Posted on 10-15-2009
Gun Owners of California Reacts to Governor’s Signature of Ammunition Registration Bill
By Sam Paredes, Executive Director
On Thursday morning, at 10:25 a.m., Governor Arnold Schwarzenegger had a ceremonial signing of AB 962 in front of a backdrop of law enforcement officials and Assemblyman Kevin DeLeon, author of the legislation. Some of those supporting the Governor’s action were Los Angeles Police Chief William Bratton, Los Angeles County Sheriff Lee Baca, representatives of the City of Long Beach, City of Oxnard, and the biggest cheerleader of then all, newly elected and NRA endorsed Los Angeles City Attorney Carmen A. Trutanich. Trutanich announced that the signing of AB 962 would rock the world !
All had long speeches talking about how this was a new day for crime fighting and how this will prevent criminals from buying ammunition from local retailers. Assemblyman DeLeon stated that he has never said that AB 962 was the “panacea” to end gang violence and crime. He did disclose that AB 962 is just the first step towards creating a statewide database of ammunition purchasers and that in the upcoming year or the following he will introduce the next step. That is the secret. The anti-gun leaders in the legislature and law enforcement want background checks and a database on all ammunition purchasers. No doubt a waiting period is also in their thinking.
After touting the fact that he owned many guns and lots of ammunition, the Governor stated that he is a supporter of the Second Amendment and did not see how signing a registration book and giving a thumbprint would infringe on a gun owner’s rights. A reporter asked him, when was the last time he personally purchased any ammunition? He sheepishly admitted that he hadn’t in the past 10 years. Talk about being out of touch.
As the only member of the pro-Second Amendment community present at the press conference, Gun Owners of California Executive Director Sam Paredes issued the following statements immediately following the Governor’s press event to the assembled members of the Los Angeles media:
“This bill does nothing more than implement a failed federal policy that was dumped in 1986 by Congress because it proved to be completely ineffective as a crime-fighting tool, according to the Bureau of Alcohol, Tobacco and Firearms.”
As signed on October 11 by Governor Schwarzenegger, AB 962 requires ammunition dealers to log all ammunition purchases, obtain a thumbprint of the purchaser, make all handgun ammunition unavailable to purchasers without assistance from the vendor, and bans purchases by mail-order.
The registration information is required to be kept at the vendor’s place of business and must be made available for inspection by law enforcement, even though there is no requirement for the information to be transmitted to any state or local agency, thus necessitating a law enforcement officer to physically visit the vendor and examine the registrations.
“How the officer will recognize a prohibited person is a mystery. Will they profile registrants based on what’s listed on a piece of paper – their name, address, or even worse – their nationality? Will they investigate individuals who buy large quantities of ammo? This is a backwards and invasive,” says Paredes.
This bill requires all transactions to be conducted “face to face”, which creates a virtual ban on mail order purchases of any “ bullet, cartridge, magazine, clip, speed loader, autoloader, or projectiles capable of being fired from a firearm with a deadly consequence . “ However, state law cannot regulate the U.S. Postal Service, nor can it prevent the shipment of any of the above-listed items into California. (The U.S. Postal Service does not ship loaded ammunition.)
California stands to loose millions of dollars in sales tax revenue, as evidenced by a similar law regulating spray paint. When canned pray paint was put in locked cases, the industry saw a drop of between 25% and 34% in sales. That translates to a loss of approximately $3,000,000 a year in sales tax revenues to the state.
One issue the Governor and the author fail to mention is that anyone who acquires handgun ammunition, either from within California or any other state, or reloads their own, can give it away to anybody they want and they would not be in violation of AB 962. Criminals included.
The Governor vetoed this bill once before – why is he now trying to curry favor with anti-Second Amendment Democrats? AB 962 creates a liberal feel-good log-book that will do nothing to solve crime.
Given the cozy relationship that the Governor is publicly displaying with radically liberal Democrat legislators like Assemblyman Kevin Deleon, insiders at the Capitol and the press are suggesting that he is willing to wheel and deal, giving in on bad legislation like AB 962, in order to gain support for his solutions to the California’s water crisis.