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This is really, really ugly on about 14 levels, but among other idiocies, it puts the seller at liability if he or she sells ammo to a known gang member. Just because someone is known to be a gang member to police does not mean he or she is known to be such to a merchant.BILL NUMBER: AB 962 CHAPTERED
BILL TEXT
CHAPTER 628
FILED WITH SECRETARY OF STATE OCTOBER 11, 2009
APPROVED BY GOVERNOR OCTOBER 11, 2009
PASSED THE SENATE SEPTEMBER 10, 2009
PASSED THE ASSEMBLY SEPTEMBER 11, 2009
AMENDED IN SENATE SEPTEMBER 4, 2009
AMENDED IN SENATE JUNE 22, 2009
AMENDED IN ASSEMBLY JUNE 1, 2009
INTRODUCED BY Assembly Member De Leon
(Coauthor: Assembly Member Bonnie Lowenthal)
FEBRUARY 26, 2009
An act to amend Section 12316 of, to add Sections 12317 and 12318
to, to add Article 3.5 (commencing with Section 12060) to Chapter 1
of, to add a heading for Chapter 2.6 (commencing with Section 12316)
to, and to repeal the heading of Chapter 2.6 (commencing with Section
12320) of, Title 2 of Part 4 of, the Penal Code, relating to
ammunition.
LEGISLATIVE COUNSEL'S DIGEST
AB 962, De Leon. Ammunition.
Existing law generally regulates the sale of ammunition.
The bill would provide that no handgun ammunition vendor, as
defined, shall sell, offer for sale, or display for sale, any handgun
ammunition in a manner that allows that ammunition to be accessible
to a purchaser without the assistance of the vendor or employee
thereof.
Existing law generally regulates what information is required to
be obtained in connection with the transfer of ammunition.
This bill would, subject to exceptions, commencing February 1,
2011, require handgun ammunition vendors to obtain a thumbprint and
other information from ammunition purchasers, as specified. A
violation of these provisions would be a misdemeanor.
This bill would provide that a person enjoined from engaging in
activity associated with a criminal street gang, as specified, would
be prohibited from having under his or her possession, custody, or
control, any ammunition. Violation of these provisions would be a
misdemeanor.
The bill would prohibit supplying or delivering, as specified,
handgun ammunition to prohibited persons, as described, by persons or
others who know, or by using reasonable care should know, that the
recipient is a person prohibited from possessing ammunition or a
minor prohibited from possessing ammunition, as specified. Violation
of these provisions is a misdemeanor with specified penalties.
The bill would provide, subject to exceptions, 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
of the purchaser or other transferee. A violation of these
provisions would be a misdemeanor.
By creating new crimes, this bill would impose a state-mandated
local program.
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.
Etc., etc., etc.
Especially since the ACLU would block any attempt to stamp a felon or gang member's ID with that status.The Annoyed Man wrote:This is really, really ugly on about 14 levels, but among other idiocies, it puts the seller at liability if he or she sells ammo to a known gang member. Just because someone is known to be a gang member to police does not mean he or she is known to be such to a merchant.
