California 2009-2010 Regular Session Status: Passed Assembly

AB 2358 — Ammunition.

Last action — Read third time, passage refused. (Ayes 20. Noes 17. Page 5114.)

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. 3
    Passed Assembly
  4. 4
    Passed Senate
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law provides that 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 specified information regarding the purchaser or transferee, and maintaining the record for a period of not less than 5 years, as specified. Existing law provides that violation of these provisions is a misdemeanor. Existing law also provides that the records shall be subject to inspection by any peace officer and certain others, as specified, for purposes of an investigation where access to those records is or may be relevant to that investigation, when seeking information about persons prohibited from owning a firearm or ammunition, or when engaged in ensuring compliance with laws pertaining to firearms or ammunition, as specified. This bill would require the information described above in connection with the transfer of handgun ammunition be legibly or electronically recorded. The bill would provide that commencing February 1, 2011, except for investigatory and enforcement purposes described above, no ammunition vendor shall provide the required information to any 3rd party without the written consent of the purchaser or transferee. The bill would also provide that records may be copied for investigatory or enforcement purposes by any person authorized to inspect those records, as specified, and that copies shall be transmitted to local law enforcement if required by local law. The bill would also provide that any required ammunition records that are no longer required to be maintained shall be destroyed in a manner that protects the privacy of the purchaser or transferee who is the subject of the record. The bill would provide that violation of these provisions is a misdemeanor. This bill would provide that commencing February 1, 2011, except for investigatory and enforcement purposes described above, no ammunition vendor shall provide the required information to any 3rd party, or use the information for any purpose other than as is required or authorized by statute or regulation, without the written consent of the purchaser or transferee. The bill would also provide that any required ammunition records that are no longer required to be maintained shall be destroyed in a specified manner. The bill would provide that violation of these provisions is a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. The bill would require ammunition vendors, commencing February 1, 2011, to 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 to obtain any regulatory or business license required by the jurisdiction for ammunition sellers. A violation of this provision would be a misdemeanor. The bill would also provide that no public agency may make public the information obtained from the record of the ammunition transaction. Existing law requires certain information to be collected by firearms dealers in connection with the transfer of firearms and submitted to the Department of Justice, as specified. This bill would provide that no firearms dealer shall provide the information required by those provisions to any 3rd party, or use the information for any purpose other than as is required or authorized by statute or regulation, without the written consent of the purchaser or transferee, except for purposes of 3rd-party electronic submission to the department. The bill would also provide that any of these records that are no longer required to be maintained, if destroyed, shall be destroyed in a specified manner. Existing law provides 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 from the purchaser or other transferee. This bill would also provide that handgun ammunition may be purchased over the Internet or through other means of remote ordering if a handgun ammunition vendor in California initially receives the ammunition and processes the transfer, as specified. 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. This bill would instead define "handgun ammunition" for those purposes as any variety of ammunition of a caliber specified in a list added by this bill, notwithstanding that the ammunition may also be used in some rifles, and would provide that "handgun ammunition" does not include blanks or ammunition designed and intended to be used in an "antique firearm," as defined. This bill would incorporate additional amendments to Section 12077 of the Penal Code proposed by AB 1810, contingent on the prior enactment of that bill. 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.

Bill Text

Action History

  1. Read third time, passage refused. (Ayes 20. Noes 17. Page 5114.)

  2. Ordered to third reading.

  3. Withdrawn from committee.

  4. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on RLS.

  5. (Ayes 21. Noes 13. Page 5023.)

  6. Senate Rule 29.3(b) suspended.

  7. Re-referred to Com. on RLS.

  8. Ordered to third reading.

  9. From committee: Return to Senate floor for consideration. (Ayes 4. Noes 2.)

  10. From committee: Be re-referred to Com. on PUB. S. pursuant to Senate Rule 29.10. (Ayes 3. Noes 0.) Re-referred to Com. on PUB. S.

  11. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  12. Read second time. To third reading.

  13. Read third time, amended. To second reading.

  14. Read second time. To third reading.

  15. From committee: Be placed on second reading file pursuant to Senate Rule 28.8.

  16. Read second time and amended. Re-referred to Com. on APPR.

  17. From committee: Amend, do pass as amended, and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 15).

  18. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S.

  19. Referred to Com. on PUB. S.

  20. In Senate. Read first time. To Com. on RLS. for assignment.

  21. Read third time, passed, and to Senate. (Ayes 43. Noes 30. Page 5049.)

  22. Read second time. To third reading.

  23. From committee: Do pass. (Ayes 10. Noes 5.) (April 28).

  24. From committee: Do pass, and re-refer to Com. on APPR. Re-referred. (Ayes 5. Noes 2.) (April 13).

  25. Referred to Com. on PUB. S.

  26. Read first time.

  27. From printer. May be heard in committee March 23.

  28. Introduced. To print.

Sponsors

  • De Leon · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 4 voted No

Sponsors (1)

  • De Leon

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

W/O REF. TO FILE AB2358 De Leon By DeSaulnier

Failed 20 Yea · 18 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 181702
Democratic 2000
Republican 0100
Total 201802
% of votes cast 50%45%0%5%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Cedillo — Yea
Cogdill — Nay
Wyland — Nay
Lowenthal — Yea
Corbett — Yea
Ducheny — Nay
Harman — Nay
Huff — Nay
Negrete — Nay
Runner — Nay
Dutton — Nay
Kehoe — Yea
Liu — Yea
McLeod — Nay
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Blakeslee — Nay
Simitian — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Aanestad — Nay
Alquist — Yea
Ashburn — Nay
Hollingsworth — Nay
Leno — Yea
Wiggins — Not Voting
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

AB 2358 DE LEON Assembly Third Reading

Passed 50 Yea · 35 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 473305
Democratic 2001
Republican 1200
Total 503506
% of votes cast 55%38%0%7%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Evans — Yea
Feuer — Yea
Furutani — Yea
Galgiani — Yea
Hayashi — Yea
Hernandez — Yea
Charles — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Ammiano — Yea
Beall — Yea
Coto — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nava — Yea
Ruskin — Yea
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
John — Yea
A. — Yea
Perez — Yea
Chesbro — Not Voting
Bill — Nay
Tom — Nay
Fletcher — Nay
V. — Nay
Manuel — Nay
Perez — Nay
Audra — Nay
Fuller — Nay
Conway — Nay
Cook — Nay
Garrick — Nay
Hagman — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Mendoza — Not Voting
Miller — Nay
Norby — Nay
Silva — Nay
Smyth — Nay
Tran — Nay
Bass — Not Voting
DeVore — Nay
Villines — Nay
Adams — Nay
Anderson — Nay
Blakeslee — Nay
Block — Not Voting
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huber — Nay
Huffman — Yea
Logue — Nay
Nestande — Nay
Nielsen — Nay
Swanson — Yea
Torrico — Yea
Emmerson — Nay
Eng — Yea
Davis — Yea
Yamada — Yea
Fuentes — Yea
Gilmore — Not Voting
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Not Voting
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass.

Passed 11 Yea · 5 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 11502
Democratic 0001
Total 11503
% of votes cast 58%26%0%16%
How each member voted (19)
Member Party Vote
Bonnie — Yea
Lowenthal — Yea
Fuentes — Yea
Charles — Not Voting
Hall — Yea
Norby — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Ammiano — Yea
Bradford — Not Voting
Harkey — Nay
Hill — Yea
Miller — Nay
Nielsen — Nay
Conway — Nay
Coto — Yea
Davis — Yea
Calderon, Lisa Democratic Not Voting

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does AB 2358 do?
Existing law provides that 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 specified information regarding the purchaser or transferee, and maintaining the record for a period of not less than 5 years, as specified. Existing law provides that violation of these provisions is a misdemeanor. Existing law also provides that the records shall be subject to inspection by any peace officer and certain others, as specified, for purposes of an investigation where access to those records is or may be relevant to that investigation, when seeking information about persons prohibited from owning a firearm or ammunition, or when engaged in ensuring compliance with laws pertaining to firearms or ammunition, as specified. This bill would require the information described above in connection with the transfer of handgun ammunition be legibly or electronically recorded. The bill would provide that commencing February 1, 2011, except for investigatory and enforcement purposes described above, no ammunition vendor shall provide the required information to any 3rd party without the written consent of the purchaser or transferee. The bill would also provide that records may be copied for investigatory or enforcement purposes by any person authorized to inspect those records, as specified, and that copies shall be transmitted to local law enforcement if required by local law. The bill would also provide that any required ammunition records that are no longer required to be maintained shall be destroyed in a manner that protects the privacy of the purchaser or transferee who is the subject of the record. The bill would provide that violation of these provisions is a misdemeanor. This bill would provide that commencing February 1, 2011, except for investigatory and enforcement purposes described above, no ammunition vendor shall provide the required information to any 3rd party, or use the information for any purpose other than as is required or authorized by statute or regulation, without the written consent of the purchaser or transferee. The bill would also provide that any required ammunition records that are no longer required to be maintained shall be destroyed in a specified manner. The bill would provide that violation of these provisions is a misdemeanor. By expanding the scope of an existing crime, this bill would impose a state-mandated local program. The bill would require ammunition vendors, commencing February 1, 2011, to 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 to obtain any regulatory or business license required by the jurisdiction for ammunition sellers. A violation of this provision would be a misdemeanor. The bill would also provide that no public agency may make public the information obtained from the record of the ammunition transaction. Existing law requires certain information to be collected by firearms dealers in connection with the transfer of firearms and submitted to the Department of Justice, as specified. This bill would provide that no firearms dealer shall provide the information required by those provisions to any 3rd party, or use the information for any purpose other than as is required or authorized by statute or regulation, without the written consent of the purchaser or transferee, except for purposes of 3rd-party electronic submission to the department. The bill would also provide that any of these records that are no longer required to be maintained, if destroyed, shall be destroyed in a specified manner. Existing law provides 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 from the purchaser or other transferee. This bill would also provide that handgun ammunition may be purchased over the Internet or through other means of remote ordering if a handgun ammunition vendor in California initially receives the ammunition and processes the transfer, as specified. 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. This bill would instead define "handgun ammunition" for those purposes as any variety of ammunition of a caliber specified in a list added by this bill, notwithstanding that the ammunition may also be used in some rifles, and would provide that "handgun ammunition" does not include blanks or ammunition designed and intended to be used in an "antique firearm," as defined. This bill would incorporate additional amendments to Section 12077 of the Penal Code proposed by AB 1810, contingent on the prior enactment of that bill. 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.
Who sponsors AB 2358?
AB 2358 is sponsored by De Leon.
What is the current status of AB 2358?
This bill died with 2009-2010 Regular Session. It reached “Passed Assembly” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track AB 2358?
Track AB 2358 free on One Click Politics — get push/email alerts when it moves.

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