California 2011-2012 Regular Session Status: To Executive

SB 427 — Ammunition and firearms.

Last action — Veto sustained.

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

This bill died with 2011-2012 Regular Session. It reached “To Executive” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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

(1) Existing law authorizes issuance of an injunction prohibiting specified criminal gang activity for purposes of abating a nuisance. This bill would require the court issuing an injunction against gang activity, as specified, to state on the record whether any or all of the defendants are enjoined from possessing a firearm as a term of the injunction. (2) 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 delete the phrase "principally" from that definition and recast the definition of handgun ammunition to mean ammunition capable of being used in pistols, revolvers, and other firearms, capable of being concealed upon the person, notwithstanding that the ammunition may also be used in some rifles. Further, the bill would define "handgun ammunition" for the purposes of delivery or transfer of handgun ammunition and for the purposes of specified provisions related to handgun ammunition vendors as any variety of ammunition of a specified caliber, notwithstanding that the ammunition may also be used by some rifles. (3) Existing law prohibits a vendor from selling or otherwise transferring 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 that 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, 2012, except for investigatory and enforcement purposes described above, no ammunition vendor shall provide the information described above to any 3rd party without the written consent of the purchaser or transferee and would require the records to be maintained in a manner that protects the privacy of the purchaser or transferee who is the subject of the record. The bill would also permit records containing that information to be copied for investigatory or enforcement purposes by any person authorized to inspect those records, as specified. The bill would provide that anyone who uses, copies, or discloses any of the information for any purpose that is unauthorized by these provisions is guilty of a misdemeanor. Any required ammunition records that are no longer required to be maintained would 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. By creating new crimes, and 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, 2012, 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. (4) Existing law provides that 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. (5) 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 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 would make a violation of these provisions a misdemeanor. By creating new crimes, this bill would impose a state-mandated local program. (6) 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. Veto sustained.

  2. Consideration of Governor's veto stricken from file.

  3. In Senate. Consideration of Governor's veto pending.

  4. Vetoed by the Governor.

  5. Enrolled and presented to the Governor at 11:30 a.m.

  6. Assembly amendments concurred in. (Ayes 21. Noes 18. Page 2411.) Ordered to engrossing and enrolling.

  7. In Senate. Concurrence in Assembly amendments pending.

  8. Read third time. Passed. (Ayes 48. Noes 30. Page 2984.) Ordered to the Senate.

  9. Ordered to third reading.

  10. Read third time and amended. (Ayes 48. Noes 28. Page 2709.)

  11. Read second time. Ordered to third reading.

  12. (Corrected July 14.)

  13. Read second time and amended. Ordered to second reading.

  14. From committee: Do pass as amended. (Ayes 11. Noes 5.) (July 6).

  15. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2.) (June 21). Re-referred to Com. on APPR.

  16. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  17. Referred to Com. on PUB. S.

  18. In Assembly. Read first time. Held at Desk.

  19. Read third time. Passed. (Ayes 22. Noes 14. Page 1191.) Ordered to the Assembly.

  20. Read second time. Ordered to third reading.

  21. Ordered to second reading.

  22. Read third time and amended.

  23. Read second time. Ordered to third reading.

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

  25. Set for hearing May 16.

  26. Hearing postponed by committee.

  27. Set for hearing May 9.

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

  29. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 742.) (April 26).

  30. From committee with author's amendments. Read second time and amended. Re-referred to Com. on PUB. S.

  31. Set for hearing April 26.

  32. Referred to Com. on PUB. S.

  33. From printer. May be acted upon on or after March 19.

  34. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • De León · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on · 6 voted No

Sponsors (1)

  • De León

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

Unfinished Business SB427 De León Concurrence

Passed 21 Yea · 18 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 191701
Democratic 2000
Republican 0100
Total 211801
% of votes cast 53%45%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Hernandez — Yea
Liu — Yea
Simitian — Yea
Wolk — Yea
Wyland — Nay
Lowenthal — Yea
De León — Yea
Negrete McLeod — Nay
Evans — Yea
Fuller — Nay
Cannella — Nay
Runner — Nay
Rubio — Nay
Harman — Nay
Huff — Nay
Kehoe — Yea
Alquist — Yea
Anderson — Nay
Blakeslee — Nay
Corbett — Yea
Dutton — Nay
Pavley — Yea
Price — Yea
Steinberg — Yea
Vargas — Yea
Walters — Nay
Leno — Yea
Lieu — Yea
Wright — Not Voting
Emmerson — Nay
Correa — Nay
DeSaulnier — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

SB 427 De León Senate Third Reading By FEUER

Passed 48 Yea · 30 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 472802
Republican 0200
Democratic 1000
Total 483002
% of votes cast 60%38%0%3%
How each member voted (80)
Member Party Vote
Gordon — Yea
Feuer — Yea
Butler — Yea
Furutani — Yea
Carter — Yea
Hall — Yea
Hayashi — Yea
Fong — Yea
Allen — Yea
Hueso — Yea
Cedillo — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Chesbro — Yea
Galgiani — Not Voting
Bonilla — Yea
Yamada — Yea
Atkins — Yea
Garrick — Nay
Gatto — Nay
Campos — Yea
Gorell — Not Voting
Fletcher — Nay
Hagman — Nay
Halderman — Nay
Harkey — Nay
Jeffries — Nay
Knight — Nay
Lara — Yea
Beall — Yea
Block — Yea
Cook — Nay
Dickinson — Yea
Donnelly — Nay
Mendoza — Yea
Miller — Nay
Monning — Yea
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Olsen — Nay
Perea — Nay
Silva — Nay
Solorio — Yea
Wagner — Nay
Wieckowski — Yea
Pan — Yea
Skinner — Yea
Torres — Yea
Williams — Yea
Achadjian — Nay
Alejo — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hill — Yea
Huber — Nay
Huffman — Yea
Logue — Nay
Ma — Yea
Mansoor — Nay
Smyth — Nay
Swanson — Yea
Valadao — Nay
Conway — Nay
Eng — Yea
Davis — Yea
Fuentes — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

SB 427 De León Senate Third Reading By FEUER Amend By FEUER Set #1

Passed 48 Yea · 28 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 472604
Democratic 1000
Republican 0200
Total 482804
% of votes cast 60%35%0%5%
How each member voted (80)
Member Party Vote
Hall — Yea
Yamada — Yea
Butler — Yea
Campos — Yea
Feuer — Yea
Fuentes — Yea
Fong — Yea
Gatto — Yea
Allen — Yea
Gordon — Yea
Carter — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Hayashi — Yea
Hill — Yea
Cedillo — Yea
Hueso — Yea
Bonilla — Yea
Atkins — Yea
Huffman — Yea
Ammiano — Yea
Block — Yea
Chesbro — Yea
Davis — Yea
Dickinson — Yea
Lara — Yea
Mendoza — Yea
Monning — Yea
Skinner — Yea
Swanson — Yea
Williams — Yea
Fletcher — Nay
Furutani — Not Voting
Gorell — Not Voting
Conway — Nay
Hagman — Nay
Cook — Nay
Donnelly — Nay
Halderman — Nay
Huber — Nay
Jeffries — Nay
Miller — Nay
Morrell — Nay
Nestande — Nay
Nielsen — Nay
Norby — Nay
Olsen — Nay
Silva — Nay
Smyth — Nay
Torres — Not Voting
Wagner — Nay
Achadjian — Nay
Alejo — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Knight — Nay
Logue — Nay
Ma — Yea
Mansoor — Nay
Pan — Yea
Perea — Not Voting
Solorio — Yea
Valadao — Nay
Wieckowski — Yea
Eng — Yea
Galgiani — Yea
Garrick — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended.

Passed 11 Yea · 5 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10501
Democratic 1000
Total 11501
% of votes cast 65%29%0%6%
How each member voted (17)
Member Party Vote
Hall — Yea
Fuentes — Yea
Mitchell — Yea
Gatto — Yea
Harkey — Nay
Campos — Yea
Lara — Yea
Blumenfield — Yea
Davis — Not Voting
Donnelly — Nay
Nielsen — Nay
Norby — Nay
Bradford — Yea
Hill — Yea
Solorio — Yea
Wagner — Nay
Calderon, Lisa Democratic Yea

Official roll call →

3rd Reading SB427 De León

Passed 22 Yea · 14 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 201304
Democratic 2000
Republican 0100
Total 221404
% of votes cast 55%35%0%10%
How each member voted (40)
Member Party Vote
Yee — Yea
Evans — Yea
Lowenthal — Yea
De León — Yea
Hancock — Yea
Harman — Nay
Hernandez — Yea
Cannella — Nay
Runner — Nay
Huff — Nay
Rubio — Not Voting
Negrete McLeod — Not Voting
Anderson — Nay
Blakeslee — Nay
Corbett — Yea
Dutton — Nay
Leno — Yea
Lieu — Yea
Pavley — Yea
Simitian — Yea
Vargas — Yea
Walters — Nay
Wolk — Yea
Wright — Yea
Alquist — Yea
Kehoe — Yea
Liu — Yea
Price — Yea
Steinberg — Yea
Wyland — Nay
Emmerson — Not Voting
Correa — Nay
DeSaulnier — Yea
Fuller — Nay
Beth Gaines — Nay
Bill Berryhill — Not Voting
La Malfa — Nay
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Subjects

public-safety civil-rights
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 427 do?
(1) Existing law authorizes issuance of an injunction prohibiting specified criminal gang activity for purposes of abating a nuisance. This bill would require the court issuing an injunction against gang activity, as specified, to state on the record whether any or all of the defendants are enjoined from possessing a firearm as a term of the injunction. (2) 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 delete the phrase "principally" from that definition and recast the definition of handgun ammunition to mean ammunition capable of being used in pistols, revolvers, and other firearms, capable of being concealed upon the person, notwithstanding that the ammunition may also be used in some rifles. Further, the bill would define "handgun ammunition" for the purposes of delivery or transfer of handgun ammunition and for the purposes of specified provisions related to handgun ammunition vendors as any variety of ammunition of a specified caliber, notwithstanding that the ammunition may also be used by some rifles. (3) Existing law prohibits a vendor from selling or otherwise transferring 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 that 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, 2012, except for investigatory and enforcement purposes described above, no ammunition vendor shall provide the information described above to any 3rd party without the written consent of the purchaser or transferee and would require the records to be maintained in a manner that protects the privacy of the purchaser or transferee who is the subject of the record. The bill would also permit records containing that information to be copied for investigatory or enforcement purposes by any person authorized to inspect those records, as specified. The bill would provide that anyone who uses, copies, or discloses any of the information for any purpose that is unauthorized by these provisions is guilty of a misdemeanor. Any required ammunition records that are no longer required to be maintained would 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. By creating new crimes, and 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, 2012, 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. (4) Existing law provides that 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. (5) 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 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 would make a violation of these provisions a misdemeanor. By creating new crimes, this bill would impose a state-mandated local program. (6) 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 SB 427?
SB 427 is sponsored by De León.
What is the current status of SB 427?
This bill died with 2011-2012 Regular Session. It reached “To Executive” 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 SB 427?
Track SB 427 free on One Click Politics — get push/email alerts when it moves.

Make your voice heard on SB 427

Find the representatives who decide this bill and tell them where you stand — for yourself, or mobilize your whole list in one click with One Click Politics advocacy software.

Find my representatives → Run a campaign

Stay ahead of SB 427

Last checked for changes 3 months ago · updated continuously

One Click Politics tracks every bill in Congress and all 50 states.

Track this bill →