California SB427: another gun law that doesn’t do anything about crime

Senate Bill 427 was passed into law on September 8th 2011. If this bill is not vetoed by Governor Jerry Brown (which is highly unlikely) it will become law on February 1st 2012.

SB427 Introduced by Kevin De Leon, D(ranged) – Los Angeles would enact the following changes to current California law:

  • Require any court issuing an injunction prohibiting specified criminal gang activity to state on record whether any or all of the defendants are enjoined from possessing a firearm as a term of the injunction.
  • Recast the existing California definition of “handgun ammunition” (which we have had since 1982 and is criminally vague) 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.”

SB427 will also enforce all provisions of the previously passed into law (and the subject of a subsequent legal injunction preventing it from being enforced because it was too vague) AB962 (also introduced by De Leon).

Unlike AB962, this bill specifies the following calibers as “handgun ammunition”:

  • .22 rimfire, .22 Long Rifle also known as .22 LR.
  • .25, .25 Automatic Colt Pistol also known as .25 ACP, .25 Auto, .25 Automatic.
  • .32, .32 Automatic Colt also known as .32 ACP, .32 Automatic, .32 Auto.
  • .357, .357 Magnum also known as .357 S&W Magnum.
  • .38, .38 Special also known as .38 Special +P, .38-44 High Velocity, .38 Smith & Wesson Special, .380 Automatic Colt Pistol also known as .380 ACP, .380 Auto.
  • .40, .40 Smith & Wesson also known as .40 S&W.
  • .44, .44 Remington Magnum also known as .44 Magnum, .44 Smith & Wesson Special also known as .44 Special, .44 S&W Special.
  • .45, .45 Automatic Colt Pistol also known as .45 ACP, .45 Auto, .45 Automatic.
  • 5.7x28mm.
  • 6.35mm.
  • 7.65mm, 7.65mm Browning.
  • 9mm, 9mm Luger also known as 9mm Parabellum, 9mm Para, 9mm Kurz, 9mm Browning short, 9x17mm, 9mmx19, 9x19mm.
  • 10mm, 10mm Automatic also known as 10mm Auto, Bren Ten.

It also has wording to cover all variations of the above, so I’m not sure why some of these are listed the way they are. If you want to buy any of those after this “law” goes into effect, you’ll have to find a licensed “handgun ammunition vendor”, and submit the following information to them face to face at the time of transfer:

  • The date of the sale or transaction.
  • Your state issued drivers license number or other state issued identification and it’s corresponding number, and the state in which it was issued.
  • The brand, type, and quantity of ammunition.
  • Your signature.
  • The name of the sales person.
  • Your right thumbprint.
  • Your full residential address and telephone number.
  • Your date of birth.

This information must be kept by the “handgun ammunition vendor” for five years, and made available for inspection too:

The records referred to in Section 30352 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 that the officer is conducting an investigation where access to those records is or may be relevant, is seeking information about persons prohibited from owning a firearm or ammunition, or is engaged in ensuring compliance with the Dangerous Weapons Control Law, as defined in Section 23500, or any other laws pertaining to firearms or ammunition.

Or any other DoJ employee, with the same provisions.

Unlike AB962 this bill does have provision for internet or “other” orders, as long as the ammunition is shipped to a licensed “handgun ammunition vendor” first, and the transaction recorded per SB427 (so forget any savings you may have had, you’re gonna have to pay transfer fees and processing fees on it now).

Quite simply, this will not do anything to prevent crime in California. And it still doesn’t make it a crime for someone to drive to Nevada, Arizona, or Oregon, buy a pallet load of “handgun ammunition”, and drive back here. It just makes it a misdemeanor to give or sell that ammo to anyone else. It also won’t stop a single criminal from doing this and then selling the “untraceable” ammo to his criminal buddies at a premium, fueling the criminal economy.

Again, we have a law that will cost the taxpayers hundreds of thousands of dollars, drive business out of state, and not do a thing to prevent or solve crimes. It does create some crimes, and makes it inconvenient to be a lawful gun owner in California.

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