Date of Hearing: May 10, 2006
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Judy Chu, Chair
AB 2714 (Torrico) - As Amended: April 25, 2006
Policy Committee: Public
SafetyVote: 4-2
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill prohibits ammunition from being delivered pursuant to
a retail transaction unless the purchaser presents - in person -
bona fide evidence of age and identity to the seller of the
ammunition. Violation of this requirement is a misdemeanor,
punishable by up to six months in county jail and/or a fine of
up to $1,000. A subsequent violation is punishable by up to 1
year in county jail and/or a fine of up to $2,000.
Because this bill would require face-to-face identification, it
would prohibit on-line and
mail-order ammunition sales.
FISCAL EFFECT
1)Negligible state cost.
2)Unknown, likely minor nonreimbursable local incarceration
costs, offset to a degree by increased fine revenue.
COMMENTS
1)Rationale . The author's intent is to end mail-order and
on-line ammunition sales by requiring a person-to-person
transaction with identification.
According to the author, "Ammunition purchases over the
Internet are easily made and neither the purchasers nor the
sellers are currently tracked by the State. Furthermore,
Internet companies have been found not verifying the identity
and age of ammunition purchasers before shipping ammunition,
AB 2714
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and online sellers have a harder time guaranteeing that buyers
meet all the qualifications to comply with local and state
law."
2)Jurisdictional and Practical Considerations . As California
authorities generally lack jurisdiction to arrest or prosecute
people who commit crimes in other states, the misdemeanor
penalties created by this measure would apply only to parties
making on-line or mail-order sales from within California.
Moreover, enforcement would appear to be problematic, as it is
not clear how authorities would know if a person bought
ammunition on-line or via e-mail.
3)Current state and federal law makes it illegal for any person,
corporation, or gun dealer to sell ammunition to a person age
under 18 years of age or to sell handgun ammunition to a
person under the age of 21.
4)Opposition . The Outdoor Sportsmen's Lobby of California and
the National Association of Firearms Retailers contend this
bill serves no practical purpose, and creates another
regulatory hurdle. According to the Firearms Retailers,
"Existing state and federal law prohibits the sale of
ammunition to persons who are under age, including
criminalizing the sale of handgun ammunition to anyone under
the age of 21. There is, therefore, already adequate
motivation for retailers to check the identification of a
person who appears to be too young to lawfully purchase
ammunition. This has long been a standard business practice
for retailers."
Analysis Prepared by : Geoff Long / APPR. / (916) 319-2081
