PDA

View Full Version : SfGate: Panel OKs ID marks on bullets


shooterx10
04-27-2005, 9:16 AM
If you have NOT done so already, break out the pen, paper, envelopes, stamps and whatnot and start writing to your politicraps!

-------------------------------------------

Panel OKs ID marks on bullets
Police would be able to trace ammo used in crimes in state

- Christian Berthelsen, Chronicle Staff Writer
Wednesday, April 27, 2005

Sacramento -- Legislation that would require handgun ammunition to carry identifying markings that could be used to trace spent rounds at crime scenes back to the person who purchased the bullets passed out of a state Senate committee Tuesday.

If the bill ultimately becomes law, California would become the first state in the nation to impose such requirements on bullet manufacturers. It has the support of law enforcement officials but is opposed by gun interests such as the NRA, bullet manufacturers and shooting enthusiasts.

The proposal would provide investigators with a huge leap forward in their efforts to trace ammunition at a crime scene to the person who fired it. Though ballistics testing enables police to connect a bullet to the gun that fired it, its use in investigations is limited because investigators need to recover both the gun and the bullet to confirm a match.

While bullets used in a crime may have been lost or stolen from their original purchaser, knowing who that person is will provide a starting point for investigators that they previously have not had, supporters say. Randy Rossi, the director of the firearms division at the state Department of Justice, likened it to "a license plate falling off a car when driven from a crime scene."

Noting that California homicides increased to 2,400 last year from 2,000 the year before -- with 45 percent unsolved -- law enforcement officials urged senators on the committee to vote for the bill. Nearly three-quarters of the state's homicides in 2003 were committed with a firearm.

"We're going to solve (more) crimes if this bill becomes law," Attorney General Bill Lockyer testified.

Opponents said the new requirement would impose difficult financial burdens on the high-volume, low-margin business of bullet manufacturing, raising the cost of ammunition and probably driving some companies out the state -- if not out of business altogether.

Lawrence G. Keane, the general counsel of the National Shooting Sports Foundation, said the proposal would present bullet makers with a "Hobson's choice -- either comply and go bankrupt, or abandon the California market."

The bill, SB357 by Sen. Joe Dunn, D-Garden Grove, was passed by the Senate Public Safety Committee on a 4-2 vote along party lines. It still must be passed by both houses of the Legislature and be signed by the governor before it can become law.

It would require handgun manufacturers to mark bullets with unique identifiers, such as serial numbers. Those numbers would be used to track whom the bullets are sold to, including the name and address of the purchaser. The information would be maintained in an electronic database run by the attorney general's office.

The legislation applies only to handgun ammunition, not long guns. It also contains a provision that would require all bullets manufactured and sold in the state to carry the new identifiers by July 2007.

Dunn said that the far-off effective date would give people enough time to expend their existing supplies of ammunition but that there needed to be a firm date after which new supplies must be marked.

Sheriffs and police chiefs from several counties and cities, including Alameda County and Emeryville, also testified in support.

Lockyer likened the proposal to previous legislation that advanced law enforcement investigation efforts, such as funding for DNA labs.

"The weighing of public benefits versus private rights tilts heavily in favor of the public benefits," he said.

E-mail Christian Berthelsen at cberthelsen@sfchronicle.com.

Page B - 1
URL: http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/04/27/BAG21CG0KQ1.DTL

shooterx10
04-27-2005, 9:16 AM
If you have NOT done so already, break out the pen, paper, envelopes, stamps and whatnot and start writing to your politicraps!

-------------------------------------------

Panel OKs ID marks on bullets
Police would be able to trace ammo used in crimes in state

- Christian Berthelsen, Chronicle Staff Writer
Wednesday, April 27, 2005

Sacramento -- Legislation that would require handgun ammunition to carry identifying markings that could be used to trace spent rounds at crime scenes back to the person who purchased the bullets passed out of a state Senate committee Tuesday.

If the bill ultimately becomes law, California would become the first state in the nation to impose such requirements on bullet manufacturers. It has the support of law enforcement officials but is opposed by gun interests such as the NRA, bullet manufacturers and shooting enthusiasts.

The proposal would provide investigators with a huge leap forward in their efforts to trace ammunition at a crime scene to the person who fired it. Though ballistics testing enables police to connect a bullet to the gun that fired it, its use in investigations is limited because investigators need to recover both the gun and the bullet to confirm a match.

While bullets used in a crime may have been lost or stolen from their original purchaser, knowing who that person is will provide a starting point for investigators that they previously have not had, supporters say. Randy Rossi, the director of the firearms division at the state Department of Justice, likened it to "a license plate falling off a car when driven from a crime scene."

Noting that California homicides increased to 2,400 last year from 2,000 the year before -- with 45 percent unsolved -- law enforcement officials urged senators on the committee to vote for the bill. Nearly three-quarters of the state's homicides in 2003 were committed with a firearm.

"We're going to solve (more) crimes if this bill becomes law," Attorney General Bill Lockyer testified.

Opponents said the new requirement would impose difficult financial burdens on the high-volume, low-margin business of bullet manufacturing, raising the cost of ammunition and probably driving some companies out the state -- if not out of business altogether.

Lawrence G. Keane, the general counsel of the National Shooting Sports Foundation, said the proposal would present bullet makers with a "Hobson's choice -- either comply and go bankrupt, or abandon the California market."

The bill, SB357 by Sen. Joe Dunn, D-Garden Grove, was passed by the Senate Public Safety Committee on a 4-2 vote along party lines. It still must be passed by both houses of the Legislature and be signed by the governor before it can become law.

It would require handgun manufacturers to mark bullets with unique identifiers, such as serial numbers. Those numbers would be used to track whom the bullets are sold to, including the name and address of the purchaser. The information would be maintained in an electronic database run by the attorney general's office.

The legislation applies only to handgun ammunition, not long guns. It also contains a provision that would require all bullets manufactured and sold in the state to carry the new identifiers by July 2007.

Dunn said that the far-off effective date would give people enough time to expend their existing supplies of ammunition but that there needed to be a firm date after which new supplies must be marked.

Sheriffs and police chiefs from several counties and cities, including Alameda County and Emeryville, also testified in support.

Lockyer likened the proposal to previous legislation that advanced law enforcement investigation efforts, such as funding for DNA labs.

"The weighing of public benefits versus private rights tilts heavily in favor of the public benefits," he said.

E-mail Christian Berthelsen at cberthelsen@sfchronicle.com.

Page B - 1
URL: http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/04/27/BAG21CG0KQ1.DTL

bear
04-27-2005, 9:36 AM
holy crap !!!!

Mael
04-27-2005, 9:40 AM
I saw this article in today's Chronicle. I wonder if the Govenator will sign if if it makes it to his desk.

How does this affect reloading?

bwiese
04-27-2005, 10:17 AM
I think there are quite a few more steps before this even goes to Gov for signature.

http://www.sen.ca.gov/~newsen/schedules/bill2law.htp

It's only been 'introduced' and amended once.

This law is more dangerous than AB352 (microstamping) since it effects all handgun ammo for anyone in CA and may effect personal stocks of ammo already in store.

And while it purports to only deal with handgun and not rifle ammo, common rifle calibers such as 223 and 308 and even .30-30 do have handguns chambered for them, so there is risk of somehow having that considered as handgun ammo too (!).

[Remember the hulaballoo Olympic Arms caused when they introduced an AR15-style handgun chambered in 7.62x39? That action stopped, on a Federal basis, importation (possession too???) of 7.62x39AP ammo which was otherwise legal to own until then since there was suddenly an extant, production handgun chambered for AP ammo.]

The Gov, despite his signing AB50 50BMG ban last year, has vetoed all other gun bills coming across his desk. Other than 'evil black guns' he may be a commonsense sort. These were active vetoes - if he were passive, these other gun bills would have passed into law. [For SB357 to pass, the Gov needs to veto the bill. CA Gov can approve a bill by signing it, or just let it pass unsigned without comment.]

Seems the Gov is generally pretty practical, esp w/respect to business issues and interstate issues. He knows CA sticks out like a sore thumb in these areas. This bill does not deal with any 'evil black gun' issues, incurs high costs, there's confusion over bullets vs. ammunition, and there's a very good chance of safety/environmental problems with people disposing of unmarked ammo in the garbage. And this will effect Big5, WalMart (?) and other larger retailers, if they choose to be in firearms business.

At this time, do NOT write to the gov. It's the wrong person at the wrong time. It's not even on his plate now. You need to get him when this bill is (possibly) approaching signature time so things mentally connect.

Write multiple times expressing opposition to your state Senator and state Assemblyman. Due to SB357's relatively poor drafting - which may be 'improved' later - writing to the bill's writers/sponsors and complaining may actually tighten the bill further and have even more deleterious effects to us.


Bill Wiese
San Jose

bwiese
04-27-2005, 10:26 AM
Bill info is here for SB357 ammo bill:

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_357&sess=CUR&house=B&author=dunn



<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">
As Amended April 18, 2005
Hearing date: April 26, 2005

HANDGUN AMMUNITION SERIALIZATION PROGRAM

HISTORY



Source: Attorney General

Prior Legislation: SB 1152 (Scott) - Vetoed 2004
AB 1717 - Chapter 271, Statutes of 2000
SB 683 (Watson) - 1997; held on Senate
Appropriations Suspense File

Support: California Million Mom March; Brady Campaign to Prevent
Gun Violence; Coalition to Stop Gun Violence; Legal
Community Against Violence; Million Mom March of Sonoma
County; Fresno Police Department; California Reserve
Peace Officers Association; 1 individual letter

Opposition:Sporting Arms and Ammunition Manufacturers' Institute
("SAAMI"); Gun Owners of California; The Range (Grass
Valley, California); Outdoor Sportsmen's Coalition of
California; The California Sportsman's Lobby, Inc.;



(More)






SB 357 (Dunn)
Page 2



California Association of Firearm Retailers; Crossroads
of the West Gun Shows; Safari Club International;
California Rifle and Pistol Association; NRA



KEY ISSUES

SHOULD ALL HANDGUN AMMUNITION SOLD, TRANSFERRED, MANUFACTURED, AND
POSSESSED IN PUBLIC IN CALIFORNIA AFTER JULY 1, 2007, BE
"SERIALIZED" AS SPECIFIED BY THE DEPARTMENT OF JUSTICE?

SHOULD THE DEPARTMENT OF JUSTICE BE REQUIRED TO CREATE "REGISTERED
AMMUNITION VENDOR" AND "REGISTERED AMMUNITION MANUFACTURER" PROGRAMS
AND REQUIREMENTS IN CALIFORNIA?

SHOULD VIOLATIONS OF THIS BILL AND ITS NEW REQUIREMENTS BE
CRIMINALIZED, AS SPECIFIED?

SHOULD A NUMBER OF RELATED ADDITIONS BE ENACTED IN LAW?


PURPOSE

The purpose of this bill is to (1) require that all handgun
ammunition sold, transferred, manufactured, and possessed in
public in California after July 1, 2007, be "serialized" as
specified by the Department of Justice; (2) create "registered
ammunition vendor" and "registered ammunition manufacturer"
programs and requirements in California; (3) criminalize
violations of this bill and its new requirements; and (4) make a
number of related additions to the law.

Existing law contains the following definitions regarding
"ammunition":

"Handgun ammunition" means ammunition principally for
use in pistols, revolvers, and other firearms capable of



(More)






SB 357 (Dunn)
Page 3



being concealed upon the person, as defined,
notwithstanding that the ammunition may also be used in
some rifles. (Penal Code 12323(a).)

For purposes of specified prohibitions on selling and
possessing ammunition, "ammunition" includes, but is not
be limited to, any bullet, cartridge, magazine, clip,
speed loader, autoloader, or projectile capable of being
fired from a firearm with a deadly consequence. (Penal
Code 12316(b)(2).)

Existing law makes it a crime for persons who are prohibited
from possessing firearms to possess ammunition, punished as an
alternate misdemeanor/felony. (Penal Code 12316(b)(1).)

Existing law makes it a misdemeanor for any person, corporation,
or licensed firearms dealer to (1) sell ammunition to a person
"knowing" that the person is under 18 years of age and (2) sell
handgun ammunition to a person "knowing" that the person is
under 21 years of age; proof that a person, corporation, or
dealer, or his or her agent or employee, demanded, was shown,
and acted in reasonable reliance upon, bona fide evidence of
majority and identity shall be a defense to any criminal
prosecution under this law; "bona fide evidence of majority and
identity" is defined. (Penal Code 12316(a).)

Existing law requires the Department of Justice to obtain,
maintain, and make available to specified law enforcement and
others a variety of information. (Penal Code 11106.)

Existing law provides that "willfully," when applied to the
intent with which an act is done or omitted, implies simply a
purpose or willingness to commit the act, or make the omission
referred to. It does not require any intent to violate law, or
to injure another, or to acquire any advantage. (Penal Code
7.)

This bill does the following:



(More)






SB 357 (Dunn)
Page 4



Creates a handgun ammunition serialization program effective
July 1, 2007, administered by the Department of Justice (DOJ)

Requires that, commencing July 1, 2007, except as provided in
this bill, all handgun ammunition, as defined, that is
manufactured, imported into the state for sale or personal
use, kept for sale, offered or exposed for sale, sold, given,
lent, or possessed shall be serialized, as specified.

Provides that the DOJ shall enforce the requirements of the
handgun serialization program and shall have authority to
prescribe the manner in which handgun ammunition is serialized
in order to comply with the requirements of this bill,
including, but not limited to, determining how ammunition that
is loose, packaged, in lots, series, or otherwise aggregated
for purposes of manufacture or sale shall be serialized with a
unique identifier, as specified.

Specifically authorizes the DOJ - effective January 1, 2006 -
to:

(1) Adopt regulations to collect end-user fees in an amount
not to exceed one-half of one cent per round of ammunition or
per bullet, where the accumulated fee amount will not exceed
the cost to pay for the infrastructure, implementation,
operational, enforcement, and future development costs of the
program; and,
(2) Adopt regulations relating to the implementation and
furtherance of a retail ammunition vendor's registry and the
assessment and collection of fees associated with the
registration program in an amount not to exceed fifty dollars
($50) per year per retail location, adjusted annually for
inflation based upon the California Consumer Price Index, as
specified, and where the accumulated fee amount will not
exceed the cost to pay for the infrastructure, implementation,
operation, enforcement, and future development costs of this
bill.

Authorizes the DOJ to adopt or amend regulations relating to



(More)






SB 357 (Dunn)
Page 5



this bill in an effort to incorporate new technologies as they
become available.

Handgun ammunition included and definition of serialization

Handgun ammunition is defined in this bill to mean:

(A) Ammunition principally for use in pistols,
revolvers, and other firearms capable of being
concealed upon the person, as specified,
notwithstanding that the ammunition may also be used in
some rifles - included in this bill.
(B) 22 caliber rimfire ammunition.
(C) Assembled handgun ammunition packaged for retail
sale.
(D) Bullets used for reloading or handloading handgun
ammunition that are packaged for retail sale.
(2) Serialized handgun ammunition does not include
blank cartridges, shot-shells, or projectiles used in
black powder handguns.

"Serialized" means that all of the following have been met:

(1) The ammunition has been identified in a manner
prescribed by the DOJ so that all assembled ammunition
contained within a package provided for retail sale, or
as otherwise specified by the department, is uniquely
identified.
(2) Bullets used for reloading or handloading contained
within a package provided for retail sale, or as
otherwise specified by the department, are uniquely
identified.
(3) Identification of the manufacturer of the
ammunition.
(4) Identification on the exterior of the ammunition in
a manner that permits visual inspection for the purpose
of determining if the assembled ammunition or bullet
complies with the serialization requirement.
(5) Identification on the exterior of the ammunition in



(More)






SB 357 (Dunn)
Page 6



a manner that is maintained subsequent to the discharge
of the ammunition and subsequent to the impact of the
bullet, based on standards prescribed by the department.
(6) Identification on the exterior of every package or
container of serialized ammunition, as prescribed by the
department, with the same unique identifiers used on the
assembled ammunition or bullets contained within the
packaging or container. No package or container shall be
labeled with the same unique identifiers as any other
package or container by the same manufacturer.

Effective July 1, 2007, criminalizes manufacture, importation,
sale, transferring, or possession "in any public place" of
handgun ammunition not serialized

Commencing July 1, 2007, makes it a crime punishable and an
alternate misdemeanor/felony for any person to manufacture,
cause to be manufactured, import into the state for sale or
personal use, keep for sale, offer or expose for sale, or to
give or lend any handgun ammunition that is not serialized
pursuant to this bill.

Commencing July 1, 2007, makes any person who possesses
in any public place any handgun ammunition that is not
serialized guilty of an infraction punishable by a fine
not exceeding $500, or a misdemeanor (punishable by
imprisonment up to six months in jail, a fine of up to
$1,000, or both).

Defines "public place" to mean an area open to the public
and includes streets, sidewalks, bridges, alleys, plazas,
parks, driveways, front yards, parking lots, automobiles,
whether moving or not, and buildings open to the general
public, including those that serve food or drink, or
provide entertainment, and the doorways and entrances to
buildings or dwellings.

Provides exceptions to the "public place" and other
possession restrictions on handgun ammunition without



(More)






SB 357 (Dunn)
Page 7



"serialization," including for (1) forensic laboratories
and agencies such as law enforcement and employees within
the course and scope of their official duties; (2) law
enforcement and other agencies charged with the
administration of justice for purpose of investigation,
evidence, or disposition; (3) possession for purposes of
disposition by an executor or administrator of an estate,
as specified; (4) possession for purposes of transporting
it to a law enforcement agency for disposition, as
specified; possession by peace officers from other states
in California on official duties; and members of the
California National Guard during their official duties.

Registered Ammunition Vendors - requirements and new crimes (no
specific effective date in the bill for this provision)

No person engaged in the retail sale of handgun ammunition
shall sell, lease, or transfer serialized ammunition unless
he or she is a registered ammunition vendor as described in
this bill.

Any person that is not a registered ammunition vendor and
engages in the retail sale of ammunition shall be guilty of
an infraction or a misdemeanor.

Defines "vendor," "ammunition vendor," or "registered
ammunition vendor" to mean any person, business, or
corporation that is engaged in the retail sale of handgun
ammunition as defined in this bill and who has all of the
following:

(A) Any regulatory or business license, or licenses,
required by local government.
(B) A valid seller's permit issued by the State Board of
Equalization.
(C) Is among those recorded in the centralized ammunition
vendor's registry created by this bill.

Requires the DOJ to keep a centralized registry of all



(More)






SB 357 (Dunn)
Page 8



persons engaged in the retail sale of serialized ammunition
and authorizes the department to remove from this registry
any person who violates the provisions of this bill.

Requires that upon removal of a vendor from the registry,
notification shall be provided to local law enforcement
and licensing authorities in the jurisdiction where the
vendor's business is located.

Authorizes the DOJ to inspect ammunition vendors to ensure
compliance with this chapter.

Provides that nothing in this bill shall prohibit any
local jurisdiction from adopting one or more ordinances
relating to the inspection of ammunition vendors.

Information a registered ammunition vendor shall obtain, forward
to DOJ, and maintain

Any vendor, agent or employee of the vendor that sells or
otherwise transfers ownership of any serialized handgun
ammunition shall record the following information in a format
prescribed by the DOJ:

(1) The date of the transaction.
(2) The name of the transferee.
(3) The transferee's driver license number or other
government issued identification card number and the
governmental agency that issued the identification.
(4) In order to validate a transferee's age and ensure
compliance with Section 12316 [prohibition on the sale of
handgun ammunition to a person under the age of 21], the
date of birth of the transferee.
(5) The unique identifier of all handgun ammunition or
bullets transferred.
(6) All other information prescribed by the DOJ.

On the date the vendor delivers the handgun ammunition to
the transferee, he or she shall report the required



(More)






SB 357 (Dunn)
Page 9



information to the DOJ in a manner prescribed by the
department.

A copy of the required information records shall be
maintained on the premises of the vendor for a period of
not less than three years from the date of the recorded
transfer and shall be subject to inspection at any time
during normal business hours by any peace officer, or by
any authorized employee of the DOJ, if the inspection
relates to an investigation where access to those records
is or may be relevant to that investigation, is seeking
information about persons prohibited from owning a firearm
or ammunition, or is engaged in ensuring compliance with
the Dangerous Weapons Control Law or any other laws
pertaining to firearms.

Any vendor or employee or agent of a vendor that willfully
fails to comply with, or falsifies the records required to
be kept by this bill is guilty of a public offense
punishable by imprisonment in a county jail not exceeding
one year or in the state prison.

Proof that a vendor or his or her agent or employee
demanded, was shown, and acted in reliance upon, bona fide
evidence of identity shall be a defense to any criminal
prosecution under this subdivision so long as reliance
upon the proof of identity was reasonable.

Any person that presents false identification to a vendor
with the intent to avoid the recording requirements of
this section shall be guilty of a misdemeanor.

Any vendor that refuses to permit an authorized person to
examine any record prepared in accordance with this
section during any inspection conducted pursuant to this
section shall be guilty of a misdemeanor.

Commercial Manufacture of Serialized Handgun Ammunition -
requirements and new crimes (no specific effective date in the



(More)






SB 357 (Dunn)
Page 10



bill for this provision)

No person engaged in the commercial manufacture of
serialized handgun ammunition shall sell, loan, or
transfer serialized ammunition, unless that person is a
registered ammunition manufacturer as defined in this
bill; a violation is punishable as a misdemeanor.

"Manufacturer," "ammunition manufacturer," or "registered
ammunition manufacturer" mean any person, business, or
corporation that manufactures handgun ammunition within
California or manufacturers handgun ammunition with the
intent to distribute that ammunition for purposes, within
California, of sale, loan, or transfer.

Manufacturers shall do all of the following:

(1) Register with the DOJ in a manner prescribed by the
department.
(2) Maintain records on the business premises for a
period of seven years concerning all sales, loans, and
transfers of ammunition, to, from, or within California.
(3) Comply with all other regulations concerning
ammunition manufacture and sale adopted by the
department.

Any manufacturer that fails to comply with the provisions
of this section shall be liable for a civil fine of not
more than one $1,000 for a first violation, not more than
five $5,000 for a second violation, and not more $10,000
for a third and subsequent violation. A civil action to
enforce this section may be brought by a city attorney or
district attorney, or the Attorney General. These
provisions shall not preclude any other remedy available
under California law.

The DOJ may inspect ammunition manufacturers to ensure
compliance with this bill.



(More)






SB 357 (Dunn)
Page 11



Related additions to law in this bill include

For purposes of this chapter, every 50 pieces or fewer of
assembled ammunition or bullets used for reloading or
handloading shall constitute a separate and distinct
offense.

Any person who willfully destroys, obliterates, or
otherwise renders unreadable, the serialization required
pursuant to this bill, on any bullet or assembled
ammunition is punishable by imprisonment in a county jail,
not to exceed one year, or in the state prison.

Commencing July 1, 2007, the Department of Justice shall
maintain a centralized registry of all reports of handgun
ammunition transactions reported to the department
pertaining to "serialized handgun ammunition" and shall
make that information available to specified law
enforcement and to the persons listed in the registry.

Provides that nothing in the new Penal Code Section 12315
added by this bill pertaining to registered ammunition
vendors shall prohibit any local jurisdiction from
adopting one or more ordinances relating to the inspection
of ammunition vendors.

COMMENTS

1. Need for This Bill

Background provided by the author includes the following:

Senate Bill 357 requires all ammunition manufactured
or sold in California to be marked with a unique
identifier - essentially bringing ammunition controls
and law enforcement investigative tools into the
modern age.



(More)






SB 357 (Dunn)
Page 12



Quite simply, SB 357 is to ballistic imaging what DNA
is to fingerprints. Current technology for matching a
bullet used in a crime to the gun that fired it has
worked moderately well for years, but bullet
serialization is a new, fast and effective way for law
enforcement and forensics to find and convict
murderers. Essentially, this means that every bullet
will have a number or other identifier stamped,
engraved, affixed or in some way attached to it.

SB 357 has been drafted to allow the adaptation of
future technologies. This identifier would be
associated with the purchaser of the bullet at the
point of sale. Law enforcement then would be able to
read the serial number of a discharged bullet -
without the aid of expensive specialized tools - and
immediately be able to determine the name and address
of the individual who purchased the bullet by
accessing a database maintained by the Department of
Justice.

In addition, manufacturers, vendors and purchasers of
handgun ammunition will be required to submit
information to the Department of Justice; fees will be
assessed for the registration of vendors and the
purchase of handgun ammunition; and penalties will be
set for individuals and corporations who circumvent
the requirements of SB 357.

According to Crime in California: 2003, by the
Criminal Justice Statistics Center of the California
Department of Justice, there were 2,402 homicides
reported in California during 2003. Of these crimes,
72.8 percent (1,733) were committed with a firearm.
Only 55.1 percent of these homicides were solved in
2003, which was a 3.2 percent decrease from 2002. The
victims of homicide in California during 2003, were
predominately Hispanic (44 percent), 18-24 years old
(31.2 percent) and male (82.1 percent). Gang related



(More)






SB 357 (Dunn)
Page 13



activities made up over one-third (33.6 percent) of
all contributing factors in these homicides.
Additionally, 63,597 robberies were reported in 2003,
with armed robbery accounting for 53.9 percent
(34,252) of these crimes. A firearm was used in 64.7
percent (22,161) of all armed robberies. Only 27.1
percent of robberies were solved in 2003.

Bullet serialization gives us the opportunity to take
advantage of new and emerging technologies that
enhance the ability of law enforcement to reduce the
time it takes to arrest and convict murderers.

2. Is the Technology Available

The DOJ provided Committee staff with a 3-page list of patents
related to bullet identification, not all of which pertain to
"ammunition serialization" but some of the patents do. In
addition, one system is described on the web at:

http://www.ammocoding.com/index.php

That is a website for Ammunition Coding System (ACS) with a
Seattle address and includes the following:

Bullet Identification Technology: A modern crime
fighting tool

In an effort to provide law enforcement with modern
crime fighting tools, a new patentpending bullet
identification technology known as the Ammunition
Coding System (ACS) has been developed. ACS assigns a
unique code to every round of ammunition manufactured,
and by recording sales records, law enforcement
personnel will be able to easily trace the ammunition
involved in a crime and have an avenue to pursue and
solve even the most difficult cases. The key to ACS is
the unique code that is micro-laser engraved on
factory-produced ammunition. This laser engraving is



(More)






SB 357 (Dunn)
Page 14



etched on both the projectile and the inside of the
cartridge casing. Each code will be common to a single
box of cartridges and unique from all other ammunition
sold. The unique ACS codes will be tracked and records
maintained to identify individual ammunition purchases.
The ACS technology will provide a method for law
enforcement personnel to trace ammunition purchases and
link bullets and cartridge cases found at crime scenes
to the initial retail ammunition purchaser. This
system will not necessarily prove who pulled the
trigger, but it will provide law enforcement with a
valuable lead and a starting point to quickly begin
their investigations. The design of the ACS laser
engraving system will allow law enforcement personnel
to identify the bullet code in cases where as little as
20% of the bullet base remains intact after recovery.
Since bullets are designed to keep the base solid and
in its original configuration, the likelihood of ACS
codes remaining legible after recovery is very high.
Law enforcement testing has already shown a 99% success
rate in identifying the ACS code after bullet recovery.

What are the costs to manufacturers

There are several well known manufacturers currently
producing a significant portion of the current
commercially available ammunition in the United States.
Each ammunition producer would be required to purchase
at least one, if not more, laser engraving machines and
ammunition material handlers to produce ACS coded
ammunition. There are several manufacturers who can
design and build this equipment. Reliable estimates
for a complete set of engraving/material handling
equipment range from $300,000 to $500,000 each. A
licensing fee for each bullet sold would also be
required. However, since approximately 10 billion
bullets are sold in the United States alone each year,
equipment costs, once amortized over the number of
bullets produced and sold are not significant.



(More)






SB 357 (Dunn)
Page 15



This bill provides that the DOJ "shall have authority to
prescribe the manner in which handgun ammunition is serialized
in order to comply with the requirements of Section 12314 [the
new misdemearnor/felony crime of manufacturing, selling,
importing, or giving handgun ammunition that is not serialized],
including, but not limited to, determining how ammunition that
is loose, packaged, in lots, series, or otherwise aggregated for
purposes of manufacture or sale shall be serialized with a
unique identifier, pursuant to Section 12314."

This bill also further authorizes the DOJ to "adopt or amend"
regulations to implement this bill and mentions amending
regulations to "incorporate new technologies as they become
available" without any limits to future changes which could
affect both manufacturers and vendors. For example, a required
technology could be replaced in the future with another
technology at the discretion of the DOJ.

NOTWITHSTANDING THE ACS WEBSITE MATERIALS, ARE THE TECHNOLOGIES
AVAILABLE AT THE PRESENT TIME FOR THE IMPLEMENTATION OF THIS
BILL BY JULY 1, 2007?

IS THERE STILL A POSSIBLE "BETA VS. VHS" ISSUE TO BE RESOLVED
BEFORE SUCH TECHNOLOGY MIGHT BE APPROPRIATELY IMPLEMENTED IN
CALIFORNIA?

IF SO, SHOULD THAT DECISION OR CHOICE BE MADE ADMINISTRATIVELY?

3. Possible Issues (Drafting and Substantive) Presented by This
Bill

No requirement that DOJ complete regulations needed to
implement this bill prior to the effective date for the
prohibition on "non-serialized handgun ammunition" effective
July 1, 2007.

This bill grants broad authority to the DOJ to implement a
program which requires all handgun ammunition vendors and



(More)






SB 357 (Dunn)
Page 16



manufacturers to comply with new requirements by July 1, 2007,
in order to stay in the business of selling and manufacturing
handgun ammunition after that date. However, no where in this
bill is there any requirement that the DOJ adopt regulations to
allow such compliance - or specify the technology - prior to the
July 1, 2007, effective date.

IF THIS BILL IS ENACTED, WOULD IT BE APPROPRIATE TO SPECIFY A
DATE BY WHICH THE DOJ SHALL ADOPT THE NECESSARY REGULATIONS TO
ALLOW COMPLIANCE WITH THIS BILL?

No delayed effective date of the provisions related to
"registered ammunition vendors" and "registered ammunition
manufacturers"

The provisions of this bill pertaining to ammunition vendors and
ammunition manufactures do not contain a delayed effective date
of July 1, 2007. For example, on page 8, lines 16-18, the bill
states:

Any person that is not a registered ammunition
vendor and engages in the retail sale of
ammunition shall be guilty of an infraction or a
misdemeanor.

That requirement would take effect on January 1, 2006, if this
bill is enacted in its current form. In addition, while the
preceding sentence does mention that "no person engaged in the
retail sale of handgun ammunition" shall deal in serialized
ammunition - not limited to handgun ammunition - unless he or
she is a registered vendor, the penalty sentence, above, is not
limited to handgun ammunition, serialized or not.

SHOULD SECTION 4 - NEW PENAL CODE SECTION 12315(a) - BE
APPROPRIATELY AMENDED TO REFER TO "HANDGUN" AMMUNITION ONLY AND
SHOULD THAT ENTIRE NEW SECTION BE PREFACED BY "COMMENCING JULY
1, 2007"?



(More)






SB 357 (Dunn)
Page 17



On page 10, lines 15-18, the bill states that:

No person engaged in the commercial manufacture of
serialized handgun ammunition shall sell, loan, or
transfer serialized ammunition, unless that person
is a registered ammunition manufacturer as defined
in paragraph (2) [of the bill]. Violation of this
subdivision is punishable as a misdemeanor.

That section would also take effect on January 1, 2006, and
would appear to prevent any manufacturer from transferring
serialized ammunition - which one could presumably decide to
make prior to July 1, 2007, if one decided to do so - unless
registered with the DOJ.

WOULD IT BE APPROPRIATE TO AMEND THAT SECTION AS WELL TO REFER
TO BOTH HANDGUN AMMUNTION - PAGE 10, LINE 17 - AND TO ADD
"COMMENCING JULY 1, 2007"?

Exception for law enforcement from other states on "official
business"

This bill does exempt peace officers from other states from its
provisions while they are discharging their official duties.
There is no exemption in this bill for California law
enforcement officers from it's provisions regarding the use of
"serialized handgun ammunition" commencing July 1, 2007, in
their service or private handguns, whether on duty or off. That
may be entirely appropriate since any such exemption would not
only result in more "non-serialized" handgun ammunition in use
in the state but the use of such ammunition might be useful in
circumstances where a law enforcement officer does use a
firearm. Nor is there any exception for federal law enforcement
officers nor other military in this state.

No authorization to charge fees for the manufacturers



(More)






SB 357 (Dunn)
Page 18



This bill does contain explicit authority for the DOJ to charge
a fee to both "end users" to pay for the overall program and to
vendors for the registry program (page 5, lines 20-35).
However, there is no authorization to collect a fee from
manufacturers to set up a registry program. The sponsors may
wish to consider adding such an authorization.

New crime to "destroy" serialization effective January 1, 2006

This bill makes it an alternate misdemeanor/felony to destroy
serialization information with that provision taking effect on
January 1, 2006, if the bill is enacted this year. While it may
be that no such ammunition will be available prior to July 1,
2007, it is arguably not clear why that provision should take
effect ahead of the primary provisions of this bill.

4. Is there a "Taking" Issue Raised by This Bill

This bill makes it a crime to possess handgun ammunition which
is not serialized - effective July 1, 2007 - in a public place.
At the present time such handgun ammunition is not generally
illegal to possess or transfer or use. This bill does not make
such handgun ammunition absolutely illegal to possess after July
1, 2007. However, it makes transporting it in a public place -
including in "automobiles, whether moving or not" - generally a
crime with an exception for transporting it to a law enforcement
agency for disposition (without any compensation mentioned).

It would not be legal to transport that ammunition in public to
a shooting range and use it after July 1, 2007. Nor would
business owners - and "buildings open to the general public" are
included as public places in this bill - be immune from criminal
penalties if they had a handgun legally at their place of
business but with handgun ammunition which is otherwise required
to be serialized but is pre-July 1, 2007, handgun ammunition.

Another example might be that this bill would make it a crime
if a person moved from one house or apartment to another and
transported handgun ammunition which was not serialized after



(More)






SB 357 (Dunn)
Page 19



July 1, 2007. Or some persons might collect ammunition,
including handgun ammunition, and those collections could
subject a collector to criminal penalties under the provisions
of this bill after July 1, 2007.

While handgun ammunition may not be especially "expensive" in
smaller quantities, it does have value and it is property. It
is not clear to Committee staff whether or not there would be a
valid "governmental taking without compensation" argument to be
made pertaining to this bill, it is at least conceivable that
such a claim could be made.

NOTE : The Fifth Amendment to the United States Constitution
provides that "no person shall be . . . deprived of . . .
property, without due process of law, nor shall private property
be taken for public use, without just compensation. Also,
Article I, Section 19, of the California Constitution, provides
that "private property may be taken or claimed for public use
only when just compensation ascertained by a jury, unless
waived, has been paid to, or into the court for, the owner."

WOULD IT BE APPROPRIATE TO CRIMINALIZE THE POSSESSION OF HANDGUN
AMMUNITION WHICH IS NOT SERIALIZED AS PROPOSED BY THIS BILL?

5. It is Not Now Illegal to bring Ammunition across a State Line

This bill would criminalize the importation of handgun
ammunition into this state from other states, whether by a
citizen of this State or not. It is assumed that any person in
California is familiar with the laws of this State and court
interpretations of those laws. However, it may be presumed that
not everyone traveling into this State will be familiar with the
provisions of this bill if it is enacted and in effect on July
1, 2007.



6. All Ammunition Sales and All Vendors in This State Included



(More)






SB 357 (Dunn)
Page 20



Both licensed firearms dealers and any other entity which sells
ammunition would be subject to the "registered ammunition
vendor" requirements of this bill. Licensed firearms dealers in
California are already required to submit background check
information to the DOJ as well as to maintain information
pertaining to firearm sales and transfers, as well as to obtain
a thumbprint.

This bill would also apply to entities which sell ammunition but
are not otherwise licensed firearms dealers.

This Committee's analysis of SB 1152 last year stated that the
DOJ indicated at that time that there were then 1,683 licensed
firearms dealerships in California and that there were 1,733
licensed firearms dealers in California. The DOJ had no record
or estimate of how many businesses sell ammunition in this
state. That information would be generally correct today, as
well.

7. Support for This Bill

The letter in support from the Legal Community Against Violence
includes:

SB 357 will provide an outstanding crime-fighting
tool because it will allow law enforcement to
quickly determine the identity of the purchaser of
ammunition found at a crime scene. Thus, it will
help law enforcement solve gun crimes even when the
guns themselves have not been recovered. It will
also provide much-needed oversight over ammunition
sales and ammunition sellers and manufacturers -
areas which are, under current law, almost
completely unregulated.

The Attorney General's sponsor's letter includes:

Senate Bill 357 will require all handgun ammunition



(More)






SB 357 (Dunn)
Page 21



manufactured and sold in California to be marked with
a unique identifier. This identifier will then be
associated with the purchaser of the ammunition at
the point of sale. When a fired round of ammunition
is recovered at a crime scene, the identifier will be
readable without the need for expensive, specialized

bwiese
04-27-2005, 10:35 AM
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by bwiese:
Bill info is here for SB357 ammo bill:

http://www.leginfo.ca.gov/cgi-bin/postquery?bill_number=sb_357&sess=CUR&house=B&author=dunn



&lt;BLOCKQUOTE class="ip-ubbcode-quote"&gt;&lt;div class="ip-ubbcode-quote-title"&gt;quote:&lt;/div&gt;&lt;div class="ip-ubbcode-quote-content"&gt;
As Amended April 18, 2005
Hearing date: April 26, 2005

HANDGUN AMMUNITION SERIALIZATION PROGRAM

KEY ISSUES

SHOULD ALL HANDGUN AMMUNITION SOLD, TRANSFERRED, MANUFACTURED, AND POSSESSED IN PUBLIC IN CALIFORNIA AFTER JULY 1, 2007, BE
"SERIALIZED" AS SPECIFIED BY THE DEPARTMENT OF JUSTICE?

SHOULD THE DEPARTMENT OF JUSTICE BE REQUIRED TO CREATE "REGISTERED AMMUNITION VENDOR" AND "REGISTERED AMMUNITION MANUFACTURER" PROGRAMS AND REQUIREMENTS IN CALIFORNIA?

SHOULD VIOLATIONS OF THIS BILL AND ITS NEW REQUIREMENTS BE CRIMINALIZED, AS SPECIFIED?

SHOULD A NUMBER OF RELATED ADDITIONS BE ENACTED IN LAW?


PURPOSE

The purpose of this bill is to
(1) require that all handgun ammunition sold, transferred, manufactured, and possessed in public in California after July 1, 2007, be "serialized" as specified by the Department of Justice;
(2) create "registered ammunition vendor" and "registered ammunition manufacturer" programs and requirements in California;
(3) criminalize violations of this bill and its new requirements; and
(4) make a number of related additions to the law.

Existing law contains the following definitions regarding "ammunition":

"Handgun ammunition" means ammunition principally for use in pistols, revolvers, and other firearms capable of being concealed upon the person, as defined, notwithstanding that the ammunition may also be used in some rifles. (Penal Code 12323(a).)

For purposes of specified prohibitions on selling and possessing ammunition, "ammunition" includes, but is not
be limited to, any bullet, cartridge, magazine, clip,
speed loader, autoloader, or projectile capable of being
fired from a firearm with a deadly consequence. (Penal
Code 12316(b)(2).)

Existing law makes it a crime for persons who are prohibited
from possessing firearms to possess ammunition, punished as an
alternate misdemeanor/felony. (Penal Code 12316(b)(1).)

Existing law makes it a misdemeanor for any person, corporation,
or licensed firearms dealer to (1) sell ammunition to a person
"knowing" that the person is under 18 years of age and (2) sell
handgun ammunition to a person "knowing" that the person is
under 21 years of age; proof that a person, corporation, or
dealer, or his or her agent or employee, demanded, was shown,
and acted in reasonable reliance upon, bona fide evidence of
majority and identity shall be a defense to any criminal
prosecution under this law; "bona fide evidence of majority and
identity" is defined. (Penal Code 12316(a).)

Existing law requires the Department of Justice to obtain,
maintain, and make available to specified law enforcement and
others a variety of information. (Penal Code 11106.)

Existing law provides that "willfully," when applied to the
intent with which an act is done or omitted, implies simply a
purpose or willingness to commit the act, or make the omission
referred to. It does not require any intent to violate law, or
to injure another, or to acquire any advantage. (Penal Code
7.)

This bill does the following:

Creates a handgun ammunition serialization program effective
July 1, 2007, administered by the Department of Justice (DOJ)

Requires that, commencing July 1, 2007, except as provided in
this bill, all handgun ammunition, as defined, that is
manufactured, imported into the state for sale or personal
use, kept for sale, offered or exposed for sale, sold, given,
lent, or possessed shall be serialized, as specified.

Provides that the DOJ shall enforce the requirements of the
handgun serialization program and shall have authority to
prescribe the manner in which handgun ammunition is serialized
in order to comply with the requirements of this bill,
including, but not limited to, determining how ammunition that
is loose, packaged, in lots, series, or otherwise aggregated
for purposes of manufacture or sale shall be serialized with a
unique identifier, as specified.

Specifically authorizes the DOJ - effective January 1, 2006 -
to:

(1) Adopt regulations to collect end-user fees in an amount
not to exceed one-half of one cent per round of ammunition or
per bullet, where the accumulated fee amount will not exceed
the cost to pay for the infrastructure, implementation,
operational, enforcement, and future development costs of the
program; and,
(2) Adopt regulations relating to the implementation and
furtherance of a retail ammunition vendor's registry and the
assessment and collection of fees associated with the
registration program in an amount not to exceed fifty dollars
($50) per year per retail location, adjusted annually for
inflation based upon the California Consumer Price Index, as
specified, and where the accumulated fee amount will not
exceed the cost to pay for the infrastructure, implementation,
operation, enforcement, and future development costs of this
bill.

Authorizes the DOJ to adopt or amend regulations relating to

this bill in an effort to incorporate new technologies as they
become available.

Handgun ammunition included and definition of serialization

Handgun ammunition is defined in this bill to mean:

(A) Ammunition principally for use in pistols,
revolvers, and other firearms capable of being
concealed upon the person, as specified,
notwithstanding that the ammunition may also be used in
some rifles - included in this bill.
(B) 22 caliber rimfire ammunition.
(C) Assembled handgun ammunition packaged for retail
sale.
(D) Bullets used for reloading or handloading handgun
ammunition that are packaged for retail sale.
(2) Serialized handgun ammunition does not include
blank cartridges, shot-shells, or projectiles used in
black powder handguns.

"Serialized" means that all of the following have been met:

(1) The ammunition has been identified in a manner
prescribed by the DOJ so that all assembled ammunition
contained within a package provided for retail sale, or
as otherwise specified by the department, is uniquely
identified.
(2) Bullets used for reloading or handloading contained
within a package provided for retail sale, or as
otherwise specified by the department, are uniquely
identified.
(3) Identification of the manufacturer of the
ammunition.
(4) Identification on the exterior of the ammunition in
a manner that permits visual inspection for the purpose
of determining if the assembled ammunition or bullet
complies with the serialization requirement.
(5) Identification on the exterior of the ammunition in

a manner that is maintained subsequent to the discharge
of the ammunition and subsequent to the impact of the
bullet, based on standards prescribed by the department.
(6) Identification on the exterior of every package or
container of serialized ammunition, as prescribed by the
department, with the same unique identifiers used on the
assembled ammunition or bullets contained within the
packaging or container. No package or container shall be
labeled with the same unique identifiers as any other
package or container by the same manufacturer.

Effective July 1, 2007, criminalizes manufacture, importation,
sale, transferring, or possession "in any public place" of
handgun ammunition not serialized

Commencing July 1, 2007, makes it a crime punishable and an
alternate misdemeanor/felony for any person to manufacture,
cause to be manufactured, import into the state for sale or
personal use, keep for sale, offer or expose for sale, or to
give or lend any handgun ammunition that is not serialized
pursuant to this bill.

Commencing July 1, 2007, makes any person who possesses
in any public place any handgun ammunition that is not
serialized guilty of an infraction punishable by a fine
not exceeding $500, or a misdemeanor (punishable by
imprisonment up to six months in jail, a fine of up to
$1,000, or both).

Defines "public place" to mean an area open to the public
and includes streets, sidewalks, bridges, alleys, plazas,
parks, driveways, front yards, parking lots, automobiles,
whether moving or not, and buildings open to the general
public, including those that serve food or drink, or
provide entertainment, and the doorways and entrances to
buildings or dwellings.

Provides exceptions to the "public place" and other
possession restrictions on handgun ammunition without

"serialization," including for (1) forensic laboratories
and agencies such as law enforcement and employees within
the course and scope of their official duties; (2) law
enforcement and other agencies charged with the
administration of justice for purpose of investigation,
evidence, or disposition; (3) possession for purposes of
disposition by an executor or administrator of an estate,
as specified; (4) possession for purposes of transporting
it to a law enforcement agency for disposition, as
specified; possession by peace officers from other states
in California on official duties; and members of the
California National Guard during their official duties.

Registered Ammunition Vendors - requirements and new crimes (no
specific effective date in the bill for this provision)

No person engaged in the retail sale of handgun ammunition
shall sell, lease, or transfer serialized ammunition unless
he or she is a registered ammunition vendor as described in
this bill.

Any person that is not a registered ammunition vendor and
engages in the retail sale of ammunition shall be guilty of
an infraction or a misdemeanor.

Defines "vendor," "ammunition vendor," or "registered
ammunition vendor" to mean any person, business, or
corporation that is engaged in the retail sale of handgun
ammunition as defined in this bill and who has all of the
following:

(A) Any regulatory or business license, or licenses,
required by local government.
(B) A valid seller's permit issued by the State Board of
Equalization.
(C) Is among those recorded in the centralized ammunition
vendor's registry created by this bill.

Requires the DOJ to keep a centralized registry of all



persons engaged in the retail sale of serialized ammunition
and authorizes the department to remove from this registry
any person who violates the provisions of this bill.

Requires that upon removal of a vendor from the registry,
notification shall be provided to local law enforcement
and licensing authorities in the jurisdiction where the
vendor's business is located.

Authorizes the DOJ to inspect ammunition vendors to ensure
compliance with this chapter.

Provides that nothing in this bill shall prohibit any
local jurisdiction from adopting one or more ordinances
relating to the inspection of ammunition vendors.

Information a registered ammunition vendor shall obtain, forward
to DOJ, and maintain

Any vendor, agent or employee of the vendor that sells or
otherwise transfers ownership of any serialized handgun
ammunition shall record the following information in a format
prescribed by the DOJ:

(1) The date of the transaction.
(2) The name of the transferee.
(3) The transferee's driver license number or other
government issued identification card number and the
governmental agency that issued the identification.
(4) In order to validate a transferee's age and ensure
compliance with Section 12316 [prohibition on the sale of
handgun ammunition to a person under the age of 21], the
date of birth of the transferee.
(5) The unique identifier of all handgun ammunition or
bullets transferred.
(6) All other information prescribed by the DOJ.

On the date the vendor delivers the handgun ammunition to
the transferee, he or she shall report the required



information to the DOJ in a manner prescribed by the
department.

A copy of the required information records shall be
maintained on the premises of the vendor for a period of
not less than three years from the date of the recorded
transfer and shall be subject to inspection at any time
during normal business hours by any peace officer, or by
any authorized employee of the DOJ, if the inspection
relates to an investigation where access to those records
is or may be relevant to that investigation, is seeking
information about persons prohibited from owning a firearm
or ammunition, or is engaged in ensuring compliance with
the Dangerous Weapons Control Law or any other laws
pertaining to firearms.

Any vendor or employee or agent of a vendor that willfully
fails to comply with, or falsifies the records required to
be kept by this bill is guilty of a public offense
punishable by imprisonment in a county jail not exceeding
one year or in the state prison.

Proof that a vendor or his or her agent or employee
demanded, was shown, and acted in reliance upon, bona fide
evidence of identity shall be a defense to any criminal
prosecution under this subdivision so long as reliance
upon the proof of identity was reasonable.

Any person that presents false identification to a vendor
with the intent to avoid the recording requirements of
this section shall be guilty of a misdemeanor.

Any vendor that refuses to permit an authorized person to
examine any record prepared in accordance with this
section during any inspection conducted pursuant to this
section shall be guilty of a misdemeanor.

Commercial Manufacture of Serialized Handgun Ammunition -
requirements and new crimes (no specific effective date in the
bill for this provision)

No person engaged in the commercial manufacture of
serialized handgun ammunition shall sell, loan, or
transfer serialized ammunition, unless that person is a
registered ammunition manufacturer as defined in this
bill; a violation is punishable as a misdemeanor.

"Manufacturer," "ammunition manufacturer," or "registered
ammunition manufacturer" mean any person, business, or
corporation that manufactures handgun ammunition within
California or manufacturers handgun ammunition with the
intent to distribute that ammunition for purposes, within
California, of sale, loan, or transfer.

Manufacturers shall do all of the following:

(1) Register with the DOJ in a manner prescribed by the
department.
(2) Maintain records on the business premises for a
period of seven years concerning all sales, loans, and
transfers of ammunition, to, from, or within California.
(3) Comply with all other regulations concerning
ammunition manufacture and sale adopted by the
department.

Any manufacturer that fails to comply with the provisions
of this section shall be liable for a civil fine of not
more than one $1,000 for a first violation, not more than
five $5,000 for a second violation, and not more $10,000
for a third and subsequent violation. A civil action to
enforce this section may be brought by a city attorney or
district attorney, or the Attorney General. These
provisions shall not preclude any other remedy available
under California law.

The DOJ may inspect ammunition manufacturers to ensure
compliance with this bill.
Related additions to law in this bill include

For purposes of this chapter, every 50 pieces or fewer of
assembled ammunition or bullets used for reloading or
handloading shall constitute a separate and distinct
offense.

Any person who willfully destroys, obliterates, or
otherwise renders unreadable, the serialization required
pursuant to this bill, on any bullet or assembled
ammunition is punishable by imprisonment in a county jail,
not to exceed one year, or in the state prison.

Commencing July 1, 2007, the Department of Justice shall
maintain a centralized registry of all reports of handgun
ammunition transactions reported to the department
pertaining to "serialized handgun ammunition" and shall
make that information available to specified law
enforcement and to the persons listed in the registry.

Provides that nothing in the new Penal Code Section 12315
added by this bill pertaining to registered ammunition
vendors shall prohibit any local jurisdiction from
adopting one or more ordinances relating to the inspection
of ammunition vendors.

COMMENTS

1. Need for This Bill

Background provided by the author includes the following:

Senate Bill 357 requires all ammunition manufactured
or sold in California to be marked with a unique
identifier - essentially bringing ammunition controls
and law enforcement investigative tools into the
modern age.

Quite simply, SB 357 is to ballistic imaging what DNA
is to fingerprints. Current technology for matching a
bullet used in a crime to the gun that fired it has
worked moderately well for years, but bullet
serialization is a new, fast and effective way for law
enforcement and forensics to find and convict
murderers. Essentially, this means that every bullet
will have a number or other identifier stamped,
engraved, affixed or in some way attached to it.

SB 357 has been drafted to allow the adaptation of
future technologies. This identifier would be
associated with the purchaser of the bullet at the
point of sale. Law enforcement then would be able to
read the serial number of a discharged bullet -
without the aid of expensive specialized tools - and
immediately be able to determine the name and address
of the individual who purchased the bullet by
accessing a database maintained by the Department of
Justice.

In addition, manufacturers, vendors and purchasers of
handgun ammunition will be required to submit
information to the Department of Justice; fees will be
assessed for the registration of vendors and the
purchase of handgun ammunition; and penalties will be
set for individuals and corporations who circumvent
the requirements of SB 357.

According to Crime in California: 2003, by the
Criminal Justice Statistics Center of the California
Department of Justice, there were 2,402 homicides
reported in California during 2003. Of these crimes,
72.8 percent (1,733) were committed with a firearm.
Only 55.1 percent of these homicides were solved in
2003, which was a 3.2 percent decrease from 2002. The
victims of homicide in California during 2003, were
predominately Hispanic (44 percent), 18-24 years old
(31.2 percent) and male (82.1 percent). Gang related


activities made up over one-third (33.6 percent) of
all contributing factors in these homicides.
Additionally, 63,597 robberies were reported in 2003,
with armed robbery accounting for 53.9 percent
(34,252) of these crimes. A firearm was used in 64.7
percent (22,161) of all armed robberies. Only 27.1
percent of robberies were solved in 2003.

Bullet serialization gives us the opportunity to take
advantage of new and emerging technologies that
enhance the ability of law enforcement to reduce the
time it takes to arrest and convict murderers.

2. Is the Technology Available

The DOJ provided Committee staff with a 3-page list of patents
related to bullet identification, not all of which pertain to
"ammunition serialization" but some of the patents do. In
addition, one system is described on the web at:

http://www.ammocoding.com/index.php

That is a website for Ammunition Coding System (ACS) with a
Seattle address and includes the following:

Bullet Identification Technology: A modern crime
fighting tool

In an effort to provide law enforcement with modern
crime fighting tools, a new patentpending bullet
identification technology known as the Ammunition
Coding System (ACS) has been developed. ACS assigns a
unique code to every round of ammunition manufactured,
and by recording sales records, law enforcement
personnel will be able to easily trace the ammunition
involved in a crime and have an avenue to pursue and
solve even the most difficult cases. The key to ACS is
the unique code that is micro-laser engraved on
factory-produced ammunition. This laser engraving is

etched on both the projectile and the inside of the
cartridge casing. Each code will be common to a single
box of cartridges and unique from all other ammunition
sold. The unique ACS codes will be tracked and records
maintained to identify individual ammunition purchases.
The ACS technology will provide a method for law
enforcement personnel to trace ammunition purchases and
link bullets and cartridge cases found at crime scenes
to the initial retail ammunition purchaser. This
system will not necessarily prove who pulled the
trigger, but it will provide law enforcement with a
valuable lead and a starting point to quickly begin
their investigations. The design of the ACS laser
engraving system will allow law enforcement personnel
to identify the bullet code in cases where as little as
20% of the bullet base remains intact after recovery.
Since bullets are designed to keep the base solid and
in its original configuration, the likelihood of ACS
codes remaining legible after recovery is very high.
Law enforcement testing has already shown a 99% success
rate in identifying the ACS code after bullet recovery.

What are the costs to manufacturers

There are several well known manufacturers currently
producing a significant portion of the current
commercially available ammunition in the United States.
Each ammunition producer would be required to purchase
at least one, if not more, laser engraving machines and
ammunition material handlers to produce ACS coded
ammunition. There are several manufacturers who can
design and build this equipment. Reliable estimates
for a complete set of engraving/material handling
equipment range from $300,000 to $500,000 each. A
licensing fee for each bullet sold would also be
required. However, since approximately 10 billion
bullets are sold in the United States alone each year,
equipment costs, once amortized over the number of
bullets produced and sold are not significant.
This bill provides that the DOJ "shall have authority to
prescribe the manner in which handgun ammunition is serialized
in order to comply with the requirements of Section 12314 [the
new misdemearnor/felony crime of manufacturing, selling,
importing, or giving handgun ammunition that is not serialized],
including, but not limited to, determining how ammunition that
is loose, packaged, in lots, series, or otherwise aggregated for
purposes of manufacture or sale shall be serialized with a
unique identifier, pursuant to Section 12314."

This bill also further authorizes the DOJ to "adopt or amend"
regulations to implement this bill and mentions amending
regulations to "incorporate new technologies as they become
available" without any limits to future changes which could
affect both manufacturers and vendors. For example, a required
technology could be replaced in the future with another
technology at the discretion of the DOJ.

NOTWITHSTANDING THE ACS WEBSITE MATERIALS, ARE THE TECHNOLOGIES
AVAILABLE AT THE PRESENT TIME FOR THE IMPLEMENTATION OF THIS
BILL BY JULY 1, 2007?

IS THERE STILL A POSSIBLE "BETA VS. VHS" ISSUE TO BE RESOLVED
BEFORE SUCH TECHNOLOGY MIGHT BE APPROPRIATELY IMPLEMENTED IN
CALIFORNIA?

IF SO, SHOULD THAT DECISION OR CHOICE BE MADE ADMINISTRATIVELY?

3. Possible Issues (Drafting and Substantive) Presented by This
Bill

No requirement that DOJ complete regulations needed to
implement this bill prior to the effective date for the
prohibition on "non-serialized handgun ammunition" effective
July 1, 2007.

This bill grants broad authority to the DOJ to implement a
program which requires all handgun ammunition vendors and
manufacturers to comply with new requirements by July 1, 2007,
in order to stay in the business of selling and manufacturing
handgun ammunition after that date. However, no where in this
bill is there any requirement that the DOJ adopt regulations to
allow such compliance - or specify the technology - prior to the
July 1, 2007, effective date.

IF THIS BILL IS ENACTED, WOULD IT BE APPROPRIATE TO SPECIFY A
DATE BY WHICH THE DOJ SHALL ADOPT THE NECESSARY REGULATIONS TO
ALLOW COMPLIANCE WITH THIS BILL?

No delayed effective date of the provisions related to
"registered ammunition vendors" and "registered ammunition
manufacturers"

The provisions of this bill pertaining to ammunition vendors and
ammunition manufactures do not contain a delayed effective date
of July 1, 2007. For example, on page 8, lines 16-18, the bill
states:

Any person that is not a registered ammunition
vendor and engages in the retail sale of
ammunition shall be guilty of an infraction or a
misdemeanor.

That requirement would take effect on January 1, 2006, if this
bill is enacted in its current form. In addition, while the
preceding sentence does mention that "no person engaged in the
retail sale of handgun ammunition" shall deal in serialized
ammunition - not limited to handgun ammunition - unless he or
she is a registered vendor, the penalty sentence, above, is not
limited to handgun ammunition, serialized or not.

SHOULD SECTION 4 - NEW PENAL CODE SECTION 12315(a) - BE
APPROPRIATELY AMENDED TO REFER TO "HANDGUN" AMMUNITION ONLY AND
SHOULD THAT ENTIRE NEW SECTION BE PREFACED BY "COMMENCING JULY
1, 2007"?
On page 10, lines 15-18, the bill states that:

No person engaged in the commercial manufacture of
serialized handgun ammunition shall sell, loan, or
transfer serialized ammunition, unless that person
is a registered ammunition manufacturer as defined
in paragraph (2) [of the bill]. Violation of this
subdivision is punishable as a misdemeanor.

That section would also take effect on January 1, 2006, and
would appear to prevent any manufacturer from transferring
serialized ammunition - which one could presumably decide to
make prior to July 1, 2007, if one decided to do so - unless
registered with the DOJ.

WOULD IT BE APPROPRIATE TO AMEND THAT SECTION AS WELL TO REFER
TO BOTH HANDGUN AMMUNTION - PAGE 10, LINE 17 - AND TO ADD
"COMMENCING JULY 1, 2007"?

Exception for law enforcement from other states on "official
business"

This bill does exempt peace officers from other states from its
provisions while they are discharging their official duties.
There is no exemption in this bill for California law
enforcement officers from it's provisions regarding the use of
"serialized handgun ammunition" commencing July 1, 2007, in
their service or private handguns, whether on duty or off. That
may be entirely appropriate since any such exemption would not
only result in more "non-serialized" handgun ammunition in use
in the state but the use of such ammunition might be useful in
circumstances where a law enforcement officer does use a
firearm. Nor is there any exception for federal law enforcement
officers nor other military in this state.

No authorization to charge fees for the manufacturers

This bill does contain explicit authority for the DOJ to charge
a fee to both "end users" to pay for the overall program and to
vendors for the registry program (page 5, lines 20-35).
However, there is no authorization to collect a fee from
manufacturers to set up a registry program. The sponsors may
wish to consider adding such an authorization.

New crime to "destroy" serialization effective January 1, 2006

This bill makes it an alternate misdemeanor/felony to destroy
serialization information with that provision taking effect on
January 1, 2006, if the bill is enacted this year. While it may
be that no such ammunition will be available prior to July 1,
2007, it is arguably not clear why that provision should take
effect ahead of the primary provisions of this bill.

4. Is there a "Taking" Issue Raised by This Bill

This bill makes it a crime to possess handgun ammunition which
is not serialized - effective July 1, 2007 - in a public place.
At the present time such handgun ammunition is not generally
illegal to possess or transfer or use. This bill does not make
such handgun ammunition absolutely illegal to possess after July
1, 2007. However, it makes transporting it in a public place -
including in "automobiles, whether moving or not" - generally a
crime with an exception for transporting it to a law enforcement
agency for disposition (without any compensation mentioned).

It would not be legal to transport that ammunition in public to
a shooting range and use it after July 1, 2007. Nor would
business owners - and "buildings open to the general public" are
included as public places in this bill - be immune from criminal
penalties if they had a handgun legally at their place of
business but with handgun ammunition which is otherwise required
to be serialized but is pre-July 1, 2007, handgun ammunition.

Another example might be that this bill would make it a crime
if a person moved from one house or apartment to another and
transported handgun ammunition which was not serialized after
July 1, 2007. Or some persons might collect ammunition,
including handgun ammunition, and those collections could
subject a collector to criminal penalties under the provisions
of this bill after July 1, 2007.

While handgun ammunition may not be especially "expensive" in
smaller quantities, it does have value and it is property. It
is not clear to Committee staff whether or not there would be a
valid "governmental taking without compensation" argument to be
made pertaining to this bill, it is at least conceivable that
such a claim could be made.

NOTE : The Fifth Amendment to the United States Constitution
provides that "no person shall be . . . deprived of . . .
property, without due process of law, nor shall private property
be taken for public use, without just compensation. Also,
Article I, Section 19, of the California Constitution, provides
that "private property may be taken or claimed for public use
only when just compensation ascertained by a jury, unless
waived, has been paid to, or into the court for, the owner."

WOULD IT BE APPROPRIATE TO CRIMINALIZE THE POSSESSION OF HANDGUN
AMMUNITION WHICH IS NOT SERIALIZED AS PROPOSED BY THIS BILL?

5. It is Not Now Illegal to bring Ammunition across a State Line

This bill would criminalize the importation of handgun
ammunition into this state from other states, whether by a
citizen of this State or not. It is assumed that any person in
California is familiar with the laws of this State and court
interpretations of those laws. However, it may be presumed that
not everyone traveling into this State will be familiar with the
provisions of this bill if it is enacted and in effect on July
1, 2007.



6. All Ammunition Sales and All Vendors in This State Included

Both licensed firearms dealers and any other entity which sells
ammunition would be subject to the "registered ammunition
vendor" requirements of this bill. Licensed firearms dealers in
California are already required to submit background check
information to the DOJ as well as to maintain information
pertaining to firearm sales and transfers, as well as to obtain
a thumbprint.

This bill would also apply to entities which sell ammunition but
are not otherwise licensed firearms dealers.

This Committee's analysis of SB 1152 last year stated that the
DOJ indicated at that time that there were then 1,683 licensed
firearms dealerships in California and that there were 1,733
licensed firearms dealers in California. The DOJ had no record
or estimate of how many businesses sell ammunition in this
state. That information would be generally correct today, as
well.

7. Support for This Bill

The letter in support from the Legal Community Against Violence
includes:

SB 357 will provide an outstanding crime-fighting
tool because it will allow law enforcement to
quickly determine the identity of the purchaser of
ammunition found at a crime scene. Thus, it will
help law enforcement solve gun crimes even when the
guns themselves have not been recovered. It will
also provide much-needed oversight over ammunition
sales and ammunition sellers and manufacturers -
areas which are, under current law, almost
completely unregulated.

The Attorney General's sponsor's letter includes:

Senate Bill 357 will require all handgun ammunition manufactured and sold in California to be marked with
a unique identifier. This identifier will then be
associated with the purchaser of the ammunition at
the point of sale. When a fired round of ammunition
is recovered at a crime scene, the identifier will be
readable without the need for expensive, specialized
</div></BLOCKQUOTE>

GeneralBacardi
04-27-2005, 11:17 AM
UN-*******-BELIEVABLE!!!! http://www.calguns.net/banghead.gif What about .22LR????? This is absolutely insane. If this passes you can have non-serialized ammo at your house, but it is a crime to take it to the shooting range, or even to your OWN ******* DRIVEWAY!!!!! http://www.calguns.net/banghead.gif

Inoxmark
04-27-2005, 12:32 PM
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">...or even to your OWN ******* DRIVEWAY!!!!! </div></BLOCKQUOTE>Lets not forget the doorways, also off limits...

I disagree, however with excluding the governor at this stage. I think he definitely needs to be contacted, if anything to stop him from declaring his support for the bill, if this idea ever crosses his mind. If he does, we are screwed. I believe this bill has all chances to go very far, all the way to governator's desk. This is a simple majority bill and the dems in the senate and the assembly will handily get the necessary number of votes. One phone call from Mr. Perata, co-author of the bill, will mean more to our "representatives" than hundreds of letters from us gunnuts. Arnold needs to be pounded early on so there's no chance he would consided signing this bill into law.

imported_1911_sfca
04-27-2005, 6:11 PM
Question about IPR--

It says they brought a list of patented technology to the meeting, which supposedly makes this idea work.

What is the legality of California requiring a whole industry to start using a patented technology to identify ammunition. Can the state require them to use patented systems where they must pay a royalty per cartridge?

Also, they said that for bullets sold individually, they have to be serialized. Usually bullets are massively deformed on impact. How would that work?

Finally, I got a kick out of the definition of ammo:

<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content"> "ammunition" includes, but is not
be limited to, any bullet, cartridge, magazine, clip,
speed loader, autoloader, or projectile capable of being
fired from a firearm with a deadly consequence. </div></BLOCKQUOTE>

I have never seen any of those things, other than a bullet, fired out of a gun. Does this mean I can just serialize my speed loader and be done with it? A speed loader, after all, is a piece of ammunition according to above.

Inoxmark
04-27-2005, 7:22 PM
SF1911, they are proposing marking back side of the bullets that have a better chance to remain intact.
There are a number of excellent rebuttal points at www.saami.org (http://www.saami.org) . Basically industry says compliance is only possible if ammunition is assembled and packaged by hands, any kind of automated assembly is out of the question, etc.

imported_QuarterBoreGunner
04-27-2005, 8:36 PM
bwiese- man that was a long read! Good thing I packed a lunch.

Ok so we all know this is a useless 'feel good' measure, more to the point (at least for me), do you think this will spark another 'Great Primer Drought' like we had in...uh.. '96 I think?

imported_TMC
04-27-2005, 8:43 PM
I can almost believe you can mark a copper jacket with a number that may survive and impact but

What about lead bullets?

What about .22?

How small do the nubmers have to be so they can get them all on the bullet, I mean there are 100's of millions of bullets made, we're talking 8+ digits and then the recording of all thoes numbers. I buy 20,000 per year myself and I don't shoot allot compared to some folks I know.

What I know this will cause a run on bullets in June of 2007.

Turbinator
04-27-2005, 8:59 PM
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Todd:
What I know this will cause a run on bullets in June of 2007. </div></BLOCKQUOTE>

How so? The bill as written makes it a crime to possess projectiles that is not marked once the bill becomes a law.

Turby

Spotted Owl
04-27-2005, 9:12 PM
What's next? Serializing every pellet in a shotgun load?

icormba
04-27-2005, 9:40 PM
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Todd:
I can almost believe you can mark a copper jacket with a number that may survive and impact but

What about lead bullets?

What about .22?

How small do the nubmers have to be so they can get them all on the bullet, I mean there are 100's of millions of bullets made, we're talking 8+ digits and then the recording of all thoes numbers. I buy 20,000 per year myself and I don't shoot allot compared to some folks I know.

What I know this will cause a run on bullets in June of 2007. </div></BLOCKQUOTE>

I haven't read all the details on how they would mark them, but marking them with a 2D Matrix can hold all sorts of information, like bullet maker, lot number, date, and so on.
http://www.markingmethods.com/2d_data_matrix.html

We have a couple lasers at work that make these marks in nanoseconds, but these things are way out of the price range for the average bullet maker.

My issue is how the hell would they enforce this?

Inoxmark
04-27-2005, 11:28 PM
This is the website of the company that came up with the technology in question:
www.ammocoding.com (http://www.ammocoding.com)

The manufacturing would be a logistical nightmare: since the bullet and the brass must be marked with the same ID code (brass marked on the inside http://calguns.net/groupee_common/emoticons/icon_confused.gif ), the bullet and the casing must be paired early on during the manufacturing process, then 50 rounds bearing the same ID code must be put in a box marked with the same unique ID code. Naturally if there's a defective round the whole box would be scrapped since it wouldn't be possible to manufacture a replacement round with unique marking. According to SAAMI the probability of all this happening just right is nil. The manufacturers will not be able to guarantee that the process is accurate.

Bruce
04-28-2005, 1:55 AM
I would hope that ALL ammunition companies would immediately cease sales to any and all California law enforcement agencies if this atrocity is passed into law. I wish that the firearms makers would follow Barrett's lead.

snwnme@realguns.com
04-28-2005, 10:04 AM
While a company that ceases to sell ammo to CA LEAs will surely endure a public flogging, it just might send a message if Speer, Win, Federal, Rem et al get together and bring CA LE to it's knees logistically. After all, that's what lawmakers are doing to us.

snwnme@realguns.com
04-28-2005, 11:29 AM
Expanding the definition of ammunition to include mags and clips could lead to serialization of feeding devices right?

ivanimal
04-29-2005, 2:10 PM
They seem mto be doing what we all feared long ago. Make it so shooting is so expensive and gun ownership so difficult. That in 50 years all guns in CA will be illegal or impossible to use unless you are a criminal.

Kruzr
04-29-2005, 3:23 PM
Not to mention this little paragraph:

(c) The department shall have authority to do the following:
(1) Adopt regulations relating to the assessment and collection of
end-user fees in an amount not to exceed one-half of one cent
($0.005) per round of ammunition or per bullet, where the accumulated
fee amount will not exceed the cost to pay for the infrastructure,
implementation, operational, enforcement, and future development
costs of this chapter.

imported_TMC
04-29-2005, 7:38 PM
"This bill makes it a crime to possess handgun ammunition which
is not serialized - effective July 1, 2007 - in a public place."

I seems that if you have non-serialized ammo at the private shooting range (non-public place) then your ok.

RRangel
04-29-2005, 8:16 PM
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Todd:
"This bill makes it a crime to possess handgun ammunition which
is not serialized - effective July 1, 2007 - in a public place."

I seems that if you have non-serialized ammo at the private shooting range (non-public place) then your ok. </div></BLOCKQUOTE>

Oh that's just dandy then. Ok everyone this bill's just great now.

According to the NRA Members Council of California it's not legal outside your home.

http://nramemberscouncils.com/legs.shtml#sb357

RRangel
04-29-2005, 8:24 PM
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">12313. (a) In an effort to better ensure public safety,
commencing July 1, 2007, except as provided in this chapter, all
handgun ammunition, as defined in Section 12314, that is
manufactured, imported into the state for sale or personal use, kept
for sale, offered or exposed for sale, sold, given, lent, or
possessed shall be serialized as provided in Section 12314. </div></BLOCKQUOTE>

Silverback
04-29-2005, 8:49 PM
I agree with Bruce. No business with CA PDs.

Kruzr: Remember what they did with DROs fees?

Turbinator
04-30-2005, 9:23 AM
<BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Todd:
I seems that if you have non-serialized ammo at the private shooting range (non-public place) then your ok. </div></BLOCKQUOTE>

Perhaps - but not many of us have the luxury of owning our own private shooting ranges, or enough land where we can go shooting without disturbing the neighbors or even the local law enforcement officials.

Turby