Voter Engagement

The B Word Project: Prop 63 Limits on My Guns and Ammo

Prop 63: An Explanation By CSULB B Word Team C

From Secretary of State: Requires background check and Department of Justice authorization to purchase ammunition. Prohibits possession of large–capacity ammunition magazines. Establishes procedures for enforcing laws prohibiting firearm possession by specified persons. Requires Department of Justice’s participation in federal National Instant Criminal Background Check System.

Prop 63: The Details

Passage of of the ballot measure would require courts to inform individuals who are prohibited from owning a firearm that they must hand over their firearms to local law enforcement, sell their firearms to a licensed dealer or store their weapons with a licensed dealer. Probation officers would be required to follow up on and report on the status of these individuals and their firearms. Dealers of ammunition must report loss or theft within 48 hours to authorities. Individuals who lose or have their firearms stolen must also report it to the authorities within 5 days. Failure to do so would be considered an infraction under the new law.

This next one is very important. Under Prop 47 passed in 2014, theft of an item with a value of $950 or less is considered a misdemeanor. Prop 63 would make the theft of any firearm (regardless of its value) a felony, punishable by up to 3 years in prison.

Prop 63 vs. Recent Laws

The proposition was written in December of 2015 but this past July, Governor Jerry Brown signed new gun legislation into the state’s books. Some of those new laws were already included in this initiative at the time it was written. Prop 63 does add a few more stringent elements into these recently enacted laws. So, let’s go over those.

Legislation passed in July already mandates that businesses and individuals obtain a one-year license from the California Department of Justice to sell ammunition. Hunters who sell 50 rounds or less per month are not required to obtain a license.

Under Prop 63, any individual or dealer who does not follow the dealer licensing requirements could be charged with a misdemeanor. Another law already in our books mandates that dealers check with the Department of Justice before selling ammunition to a potential buyer. Under Prop 63 though, individuals who wish to purchase ammunition must first obtain a four-year permit from the California Department of Justice. Dealers would not be allowed to sell ammunition to anyone who does not have a valid permit. The California Department of Justice would also be authorized to charge up to $50 dollars for this permit, which would help cover administrative and enforcement costs.

Part of the legislation that was passed this last July prohibits most California residents from purchasing ammunition outside of California and bringing it into the state without using a licensed dealer as an intermediary. Although this law has already been passed, full implementation is not meant to take place until July 2019. Under Prop 63, the start date for this new law would be moved from July 2019 to January 2018.

Unless it is first delivered to a licensed dealer, the ballot measure would make the bringing of ammunition from out of state into California an infraction, In the year 2000, California banned the possession of large-capacity magazines. Those who were already in possession of large-capacity magazines were given an exception but under Prop 63, that exception would be removed. Any individual who fails to comply and hand over their magazines would be charged with an infraction.

Prop 63 Fiscal Impact

Increased state and local court and law enforcement costs, potentially in the tens of millions of dollars annually, related to a new court process for removing firearms from prohibited persons after they are convicted.

Prop 63 Pro and Con Arguments

Proposition 63 is heavily funded by the, “Safety For All, Yes on Prop. 63, Newsom Ballot Measure Committee.” To date, they have contributed in excess of $4.5 million. The two largest donors in opposition are the, “Coalition for Civil Liberties, a Project of California Rifle & Pistol Association,” and the, “Stop Prop 63, a Grassroots, Common-Sense Effort for Rational Policy Sponsored by Firearms Policy Coalition,” who have donated $257,149 and $199,338, respectively.

PRO

63 will keep people safe. The proposition will enforce current gun laws and will enforce new ammunition laws which requires a lot of safety measures. The National Rifle Association (NRA), who oppose of Prop. 63, and other gun lobby wants California to focus on current gun laws and that is exactly what the measure will do.

Decrease the chances of mass shootings. After the Orlando mass shooting that killed 49 innocent people and the San Bernardino terrorist attack that killed 14 people caused Governor Jerry Brown to implement stricter gun laws. Some of the laws that were passed and are part of the ballot measure includes background checks for ammunition purchase and ban on high-capacity ammunition magazine. These stricter gun and ammo laws will ensure that guns and ammunition purchases will be purchased for proper use and therefore will reduce the number of death rates.

The proposition will decrease the amount of gun death rates. It will prevent criminals, the mentally ill, and other dangerous people from purchasing ammunitions. Gun deaths is the 12^th leading cause of deaths in the United States. Out of the various types of gun deaths, suicide accounts for 58.2% of total deaths and homicide accounts for 37.7% of total deaths, and 66.6% of all deaths related to homicides are gun deaths. Suicide rate will also decrease and this is supported by a 2014 study, which found a decrease rate of overall suicide when gun ownership decreased in the country.

Does not violate the Second Amendment of the US Constitution. The ballot measure gives people the right to own a gun for the purpose of self-defense, recreation, and hunting. However, in 2016 the US Ninth Circuit Court of Appeals ruled that people are not permitted to carry a gun in public because it is not protected under the second amendment.

The cost will be offset by background check fees and license fees. According to the State Fiscal Analyst the cost associated with Prop. 63 will cost tens of millions but the main cost will be used to remove guns from ex-cons. Also, the ballot measure will give police officers and other law enforcement new tools to keep everyone safe.

CON

Proposition 63 threatens the constitutional liberties of American citizens who exercise their second amendment rights.

Proposition would detrimentally affect law-abiding citizens such as those who participate in competitive shooting and consequently require access to large quantities of ammunition in order to keep their skills sharp.

Proposition is redundant seeing as the CA legislature has already passed severe gun regulation laws this year.

Law-abiding citizens would bear the brunt of gun-legislation; meanwhile criminals who are meant to be the targets of the proposition could potentially bypass these regulations.

Individuals could easily circumvent regulations by merely traveling to neighboring states with looser gun restrictions.

The viability of gun legislation has come into question as being an effective deterrent of domestic violence and terrorism in the wake of the San Bernardino attacks.