California 2013-2014 Regular Session Status: Passed Senate

SB 53 — Ammunition: purchase permits.

Last action — From Assembly without further action.

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

This bill died with 2013-2014 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 requires the Attorney General to maintain records, including among other things, fingerprints, licenses to carry concealed firearms, and information from firearms dealers pertaining to firearms, for purposes of assisting in the investigation of crimes, and specified civil actions. In regard to certain of those records, existing law authorizes specified peace officers to disseminate the name of the subject of the record, the number of firearms listed in the record, the description of any firearm, and other information reported to the Department of Justice, as specified, if the subject of the record has been arraigned, is being prosecuted, or is serving a sentence for domestic violence, or is the subject of specified protective orders. Existing law requires the law enforcement officer to provide a victim of domestic violence to whom information is disseminated with a "Victims of Domestic Violence" card, and authorizes the victim or other person to whom the information is disseminated to disclose that information as he or she deems necessary to protect himself, herself, or another person from bodily harm by the person who is the subject of the record. This bill would require the Attorney General to also maintain information about ammunition transactions, as specified, and ammunition vendor licenses, as specified, for those purposes. This bill would similarly authorize specified peace officers to disseminate the name of a person and the fact of any ammunition purchases by that person, as specified, if the subject of the record has been arraigned, is being prosecuted, or is serving a sentence for domestic violence, or is the subject of specified protective orders. The bill would require the law enforcement officer to provide a victim of domestic violence to whom information is disseminated with a "Victims of Domestic Violence" card, and would authorize the victim or other person to whom the information is disseminated to disclose that information as he or she deems necessary to protect himself, herself, or another person from bodily harm by the person who is the subject of the record. By imposing new duties on local law enforcement officers, this bill would impose a state‑mandated local program. (2) Existing law establishes the Prohibited Armed Persons File, the purpose of which is to cross-reference persons prohibited from possessing firearms with records of firearm transactions to determine if these persons have acquired or attempted to acquire firearms. Under existing law, a person who is prohibited from owning or possessing a firearm is prohibited from owning, possessing, or having under his or her custody or control, any ammunition or reloaded ammunition. The bill would also create a similar Prohibited Ammunition Purchaser File for these purposes. This bill would, commencing July 1, 2016, use the Prohibited Armed Persons File to cross-reference those persons with records of ammunition transactions to determine if these persons have acquired or attempted to acquire ammunition. (3) Existing law, subject to exceptions, requires that the delivery or transfer of ownership of handgun ammunition occur only in a face-to-face transaction and makes a violation of this requirement a crime. Existing law provides that the term "vendor" for purposes of ammunition sales is a "handgun ammunition vendor" as defined for those and other purposes. This bill would extend those provisions to any ammunition. The bill would provide that the term "vendor" for purposes of ammunition sales means "ammunition vendor," and, commencing July 1, 2016, who is licensed, as specified, for those and other purposes. The bill would provide that commencing July 1, 2016, only a licensed ammunition vendor may sell ammunition. The bill would create additional exemptions from these requirements for specified events conducted by a nonprofit entity, and for persons who hold a valid hunting license, as specified, and would make additional conforming changes. (4) Existing law prohibits an ammunition vendor from allowing a person the vendor knows or should know is a person who is prohibited from possessing firearms for specified reasons, from handling, selling, or delivering handgun ammunition in the course and scope of their employment. Existing law prohibits an ammunition vendor from selling or otherwise transferring ownership of, offering for sale or otherwise offering to transfer ownership of, or displaying for sale or displaying 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. This bill would extend those prohibitions to any ammunition. The bill would provide that a violation of those provisions is a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. (5) Existing law requires ammunition vendors to maintain ammunition transaction records, as specified, on the vendor's premises for a period of 5 years. This bill would repeal the provisions requiring ammunition transaction records be maintained for 5 years by the vendor. (6) Existing law subject to exceptions, requires a handgun ammunition vendor to record specified information at the time of delivery of handgun ammunition to a purchaser, as specified. This bill would extend those provisions to transactions of any ammunition and would, commencing July 1, 2016, require the ammunition vendor to submit that information to the department, as specified. The bill would require the department to retain the information for 5 years in a database to be known as the Ammunition Purchase Records File and would prescribe the authority of the department and other entities to use the file, as specified. (7) The bill would authorize the Department of Justice to accept applications for ammunition vendor licenses, commencing January 1, 2016. The bill would require an ammunition vendor to be licensed, commencing July 1, 2016, in order to sell ammunition. Violation of these provisions would be a misdemeanor. The bill would create an application process for ammunition vendors, as specified. The bill would establish the Ammunition Vendors Special Account, into which vendor license fees would be deposited and made available, upon appropriation by the Legislature, to the Department of Justice for purposes of enforcing the ammunition vendor licensing provisions. The bill would require the ammunition vendor to conduct business at the location specified in the license, except in the case of gun shows or events, as specified. The bill would require the Attorney General to prepare and submit to the Legislature on or before July 1, 2017, a report concerning, among other things, recommendations for enhancements that could be made to the background check system, as specified. By creating a new crime, this bill would impose a state-mandated local program. (8) The bill would provide that for the provisions discussed above, as specified, "ammunition" does not include blanks. (9) Existing law establishes the Firearms Safety and Enforcement Special Fund, a continuously appropriated fund, for use by the Department of Justice for specified purposes related to weapons and firearms regulation. This bill would, notwithstanding that continuous appropriation, provide that these funds are available, upon appropriation by the Legislature, for specified purposes related to ammunition vendors and ammunition vendor licensing. (10) The bill would make additional nonsubstantive, technical changes. (11) This bill would incorporate additional changes to Section 11106 of the Penal Code proposed by SB 808 that would become operative if this bill and SB 808 are both enacted and this bill is enacted last. (12) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Bill Text

Action History

  1. From Assembly without further action.

  2. Read third time. Refused passage. (Ayes 35. Noes 35. Page 6766.)

  3. Ordered to third reading.

  4. Read third time and amended. (Ayes 44. Noes 27. Page 6328.)

  5. Read second time. Ordered to third reading.

  6. From committee: Do pass. (Ayes 5. Noes 2.) (June 10).

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

  8. Set, first hearing. Hearing canceled at the request of author.

  9. Joint Rule 62(a) file notice suspended. (Ayes 53. Noes 25. Page 3190.)

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

  11. Re-referred to Com. on PUB. S. pursuant to Assembly Rule 77.2.

  12. Ordered to third reading.

  13. Read third time and amended. (Page 2951.)

  14. Read second time. Ordered to third reading.

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

  16. From committee: Do pass as amended. (Ayes 11. Noes 6.) (August 30).

  17. Set, first hearing. Referred to APPR. suspense file.

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

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

  20. Referred to Com. on PUB. S.

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

  22. Read third time. Passed. (Ayes 23. Noes 15. Page 1149.) Ordered to the Assembly.

  23. Made Special Order for Wednesday, May 29, at 10:30 a.m.

  24. Read second time and amended. Ordered to third reading.

  25. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 1006.) (May 23).

  26. Set for hearing May 23.

  27. Placed on APPR. suspense file.

  28. Set for hearing May 6.

  29. From committee: Do pass and re-refer to Com. on APPR. (Ayes 5. Noes 2. Page 567.) (April 16). Re-referred to Com. on APPR.

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

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

  32. Set for hearing April 16.

  33. Referred to Com. on PUB. S.

  34. Read first time.

  35. From printer. May be acted upon on or after January 20.

  36. Introduced. To Com. on RLS. for assignment. To print.

Sponsors

  • Bonta · Cosponsor
  • De León · Primary
  • Leno · Cosponsor
  • Steinberg · Cosponsor
  • Ting · Cosponsor
  • Skinner · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 5 co-sponsors · 116 not signed on · 8 voted No

Sponsors (1)

  • De León

Co-sponsors (5)

  • Bonta
  • Leno
  • Steinberg
  • Ting
  • Skinner

Not signed on (116)

116 members have not signed on to this bill.

Show all 116 →

"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

SB 53 De León Senate Third Reading By BONTA

Failed 35 Yea · 35 Nay · 9 Other
Party YeaNayPresentNot Voting
Unaffiliated 323109
Democratic 3100
Republican 0300
Total 353509
% of votes cast 44%44%0%11%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Not Voting
Ammiano — Yea
Bloom — Yea
Bradford — Not Voting
Brown — Nay
Buchanan — Yea
Harkey — Nay
Holden — Yea
Linder — Nay
Logue — Nay
Maienschein — Nay
Mansoor — Nay
Ting — Yea
Weber — Yea
Williams — Yea
Lowenthal — Yea
Ridley-Thomas — Yea
Skinner — Yea
Gordon — Yea
Nazarian — Yea
Quirk — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Bonilla — Yea
Gatto — Nay
Bocanegra — Yea
Gorell — Nay
Allen — Nay
Hagman — Nay
Gray — Nay
Hall — Not Voting
Jones-Sawyer — Yea
Levine — Yea
Salas — Nay
Medina — Nay
Campos — Yea
Chau — Yea
Melendez — Nay
John A. Pérez — Not Voting
Mullin — Yea
Nestande — Nay
Olsen — Nay
Chesbro — Nay
Bigelow — Nay
Chávez — Nay
Conway — Nay
Cooley — Nay
Dababneh — Not Voting
Donnelly — Nay
Eggman — Not Voting
Pan — Yea
Perea — Nay
Rendon — Yea
Rodriguez — Not Voting
Wagner — Nay
Waldron — Nay
Wieckowski — Yea
Wilk — Nay
Daly — Not Voting
Dickinson — Yea
Fox — Nay
Frazier — Nay
Yamada — Yea
Gomez — Yea
Beth Gaines — Nay
Jim Patterson — Not Voting
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Nay
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Nay
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

SB 53 De León Senate Third Reading By BONTA Amend By BONTA Set #1

Passed 44 Yea · 27 Nay · 8 Other
Party YeaNayPresentNot Voting
Unaffiliated 402408
Democratic 4000
Republican 0300
Total 442708
% of votes cast 56%34%0%10%
How each member voted (79)
Member Party Vote
Achadjian — Nay
Alejo — Yea
Bigelow — Not Voting
Bradford — Yea
Brown — Not Voting
Buchanan — Yea
Holden — Yea
Linder — Nay
Maienschein — Nay
Mansoor — Nay
Olsen — Nay
Perea — Not Voting
Quirk — Yea
Rodriguez — Yea
Wagner — Nay
Wieckowski — Yea
Daly — Yea
Lowenthal — Yea
Garcia — Yea
Gatto — Yea
Atkins — Yea
Gomez — Yea
Fong — Yea
Campos — Yea
Chau — Yea
Bonilla — Yea
Gordon — Yea
Gorell — Nay
Bocanegra — Yea
Hall — Not Voting
John A. Pérez — Yea
Harkey — Nay
Jones-Sawyer — Yea
Allen — Nay
Levine — Yea
Logue — Nay
Medina — Not Voting
Melendez — Nay
Mullin — Yea
Chesbro — Yea
Nazarian — Yea
Ammiano — Yea
Bloom — Yea
Chávez — Nay
Conway — Nay
Cooley — Nay
Dababneh — Yea
Donnelly — Nay
Eggman — Nay
Nestande — Nay
Pan — Yea
Rendon — Yea
Skinner — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Wilk — Nay
Williams — Yea
Salas — Not Voting
Gray — Not Voting
Ridley-Thomas — Not Voting
Dickinson — Yea
Fox — Nay
Frazier — Nay
Yamada — Yea
Hagman — Nay
Beth Gaines — Nay
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5200
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Ammiano — Yea
Jones-Sawyer — Yea
Melendez — Nay
Quirk — Yea
Skinner — Yea
Waldron — Nay
Mark Stone — Yea

Official roll call →

Do pass as amended.

Passed 11 Yea · 6 Nay
Party YeaNayPresentNot Voting
Unaffiliated 10600
Democratic 1000
Total 11600
% of votes cast 65%35%0%0%
How each member voted (17)
Member Party Vote
Bigelow — Nay
Bradford — Yea
Holden — Yea
Linder — Nay
Weber — Yea
Campos — Yea
Hall — Yea
Bocanegra — Yea
Pan — Yea
Quirk — Yea
Harkey — Nay
Donnelly — Nay
Eggman — Nay
Wagner — Nay
Gatto — Yea
Gomez — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Special Order SB53 De León

Passed 23 Yea · 15 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 201501
Democratic 3000
Total 231501
% of votes cast 59%38%0%3%
How each member voted (39)
Member Party Vote
Beall — Yea
Huff — Nay
Leno — Yea
Steinberg — Yea
Torres — Not Voting
Walters — Nay
Wyland — Nay
Emmerson — Nay
Correa — Nay
Cannella — Nay
Evans — Yea
Wright — Nay
De León — Yea
Galgiani — Nay
Hancock — Yea
Hernandez — Yea
Hill — Yea
Hueso — Yea
Anderson — Nay
Block — Yea
Corbett — Yea
Knight — Nay
Lara — Yea
Lieu — Yea
Liu — Yea
Monning — Yea
Nielsen — Nay
Pavley — Yea
Price — Yea
Roth — Nay
Wolk — Yea
DeSaulnier — Yea
Fuller — Nay
Yee — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Do pass as amended.

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 4200
Democratic 1000
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Steinberg — Yea
Walters — Nay
De León — Yea
Hill — Yea
Lara — Yea
Beth Gaines — Nay
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety civil-rights
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Frequently asked questions

What does SB 53 do?
(1) Existing law requires the Attorney General to maintain records, including among other things, fingerprints, licenses to carry concealed firearms, and information from firearms dealers pertaining to firearms, for purposes of assisting in the investigation of crimes, and specified civil actions. In regard to certain of those records, existing law authorizes specified peace officers to disseminate the name of the subject of the record, the number of firearms listed in the record, the description of any firearm, and other information reported to the Department of Justice, as specified, if the subject of the record has been arraigned, is being prosecuted, or is serving a sentence for domestic violence, or is the subject of specified protective orders. Existing law requires the law enforcement officer to provide a victim of domestic violence to whom information is disseminated with a "Victims of Domestic Violence" card, and authorizes the victim or other person to whom the information is disseminated to disclose that information as he or she deems necessary to protect himself, herself, or another person from bodily harm by the person who is the subject of the record. This bill would require the Attorney General to also maintain information about ammunition transactions, as specified, and ammunition vendor licenses, as specified, for those purposes. This bill would similarly authorize specified peace officers to disseminate the name of a person and the fact of any ammunition purchases by that person, as specified, if the subject of the record has been arraigned, is being prosecuted, or is serving a sentence for domestic violence, or is the subject of specified protective orders. The bill would require the law enforcement officer to provide a victim of domestic violence to whom information is disseminated with a "Victims of Domestic Violence" card, and would authorize the victim or other person to whom the information is disseminated to disclose that information as he or she deems necessary to protect himself, herself, or another person from bodily harm by the person who is the subject of the record. By imposing new duties on local law enforcement officers, this bill would impose a state‑mandated local program. (2) Existing law establishes the Prohibited Armed Persons File, the purpose of which is to cross-reference persons prohibited from possessing firearms with records of firearm transactions to determine if these persons have acquired or attempted to acquire firearms. Under existing law, a person who is prohibited from owning or possessing a firearm is prohibited from owning, possessing, or having under his or her custody or control, any ammunition or reloaded ammunition. The bill would also create a similar Prohibited Ammunition Purchaser File for these purposes. This bill would, commencing July 1, 2016, use the Prohibited Armed Persons File to cross-reference those persons with records of ammunition transactions to determine if these persons have acquired or attempted to acquire ammunition. (3) Existing law, subject to exceptions, requires that the delivery or transfer of ownership of handgun ammunition occur only in a face-to-face transaction and makes a violation of this requirement a crime. Existing law provides that the term "vendor" for purposes of ammunition sales is a "handgun ammunition vendor" as defined for those and other purposes. This bill would extend those provisions to any ammunition. The bill would provide that the term "vendor" for purposes of ammunition sales means "ammunition vendor," and, commencing July 1, 2016, who is licensed, as specified, for those and other purposes. The bill would provide that commencing July 1, 2016, only a licensed ammunition vendor may sell ammunition. The bill would create additional exemptions from these requirements for specified events conducted by a nonprofit entity, and for persons who hold a valid hunting license, as specified, and would make additional conforming changes. (4) Existing law prohibits an ammunition vendor from allowing a person the vendor knows or should know is a person who is prohibited from possessing firearms for specified reasons, from handling, selling, or delivering handgun ammunition in the course and scope of their employment. Existing law prohibits an ammunition vendor from selling or otherwise transferring ownership of, offering for sale or otherwise offering to transfer ownership of, or displaying for sale or displaying 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. This bill would extend those prohibitions to any ammunition. The bill would provide that a violation of those provisions is a misdemeanor. By creating a new crime, this bill would impose a state-mandated local program. (5) Existing law requires ammunition vendors to maintain ammunition transaction records, as specified, on the vendor's premises for a period of 5 years. This bill would repeal the provisions requiring ammunition transaction records be maintained for 5 years by the vendor. (6) Existing law subject to exceptions, requires a handgun ammunition vendor to record specified information at the time of delivery of handgun ammunition to a purchaser, as specified. This bill would extend those provisions to transactions of any ammunition and would, commencing July 1, 2016, require the ammunition vendor to submit that information to the department, as specified. The bill would require the department to retain the information for 5 years in a database to be known as the Ammunition Purchase Records File and would prescribe the authority of the department and other entities to use the file, as specified. (7) The bill would authorize the Department of Justice to accept applications for ammunition vendor licenses, commencing January 1, 2016. The bill would require an ammunition vendor to be licensed, commencing July 1, 2016, in order to sell ammunition. Violation of these provisions would be a misdemeanor. The bill would create an application process for ammunition vendors, as specified. The bill would establish the Ammunition Vendors Special Account, into which vendor license fees would be deposited and made available, upon appropriation by the Legislature, to the Department of Justice for purposes of enforcing the ammunition vendor licensing provisions. The bill would require the ammunition vendor to conduct business at the location specified in the license, except in the case of gun shows or events, as specified. The bill would require the Attorney General to prepare and submit to the Legislature on or before July 1, 2017, a report concerning, among other things, recommendations for enhancements that could be made to the background check system, as specified. By creating a new crime, this bill would impose a state-mandated local program. (8) The bill would provide that for the provisions discussed above, as specified, "ammunition" does not include blanks. (9) Existing law establishes the Firearms Safety and Enforcement Special Fund, a continuously appropriated fund, for use by the Department of Justice for specified purposes related to weapons and firearms regulation. This bill would, notwithstanding that continuous appropriation, provide that these funds are available, upon appropriation by the Legislature, for specified purposes related to ammunition vendors and ammunition vendor licensing. (10) The bill would make additional nonsubstantive, technical changes. (11) This bill would incorporate additional changes to Section 11106 of the Penal Code proposed by SB 808 that would become operative if this bill and SB 808 are both enacted and this bill is enacted last. (12) 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
Who sponsors SB 53?
SB 53 is sponsored by Bonta, De León, Leno, Steinberg, Ting, and Skinner.
What is the current status of SB 53?
This bill died with 2013-2014 Regular Session. It reached “Passed Senate” 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 53?
Track SB 53 free on One Click Politics — get push/email alerts when it moves.

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