Gov. Schwarzenegger drops a veto on two antigun bills
Via a Calif. Rifle & Pistol Assn email:
AB2714 (TORRICO) INTERNET/MAIL ORDER AMMUNITION SALES ID REQUIREMENT
This bill would provide that no ammunition or reloaded ammunition could be delivered via the INTERNET/Mail order pursuant to a retail transaction unless the purchaser personally presents clear evidence of his or her identity and age to the seller of the ammunition. This bill also repeals a provision of current state preemption law that restricts local governments from regulating the sale of ammunition.
To the Members of the California State Assembly:
I am returning Assembly Bill 2714 without my signature. It is important to ensure that minors do not use mail-order or internet sales to obtain access to items prohibited under current law that could be dangerous if used improperly. However, current law already requires sellers to verify the age of a purchaser who wishes to buy ammunition at the time of sale. By adding a new requirement that retailers ensure third party verification of the identity of the purchaser at time of delivery, this bill could inadvertently subject legitimate retailers to criminal penalties for actions that they have no control over. As a result, this bill could be counter productive by providing a negligible benefit to public safety while concurrently discouraging legitimate business. In addition, this bill would allow local governments to enact their own measures governing the sale of ammunition if they are stricter than state law. Statewide uniformity of the laws regulating firearms is critical to public safety. By allowing local governments to proliferate local measures regarding the sale of ammunition that significantly differ from state law, this bill could result in inconsistent regulation, interpretation, and enforcement of firearms laws by businesses, law enforcement, and the public. For these reasons, I am returning this bill without my signature.
SB 59 (LOWENTHAL) HANDGUN LOSS OR THEFT REPORTING
This bill would make it an infraction for any person whose handgun is stolen or irretrievably lost to fail, within 5 working days after his or her discovery or knowledge of, or within 5 working days after the date he or she should reasonably have known of, the theft of loss, to report the theft or loss to a local law enforcement agency of the jurisdiction in which the theft or loss occurred or in which the person resides. This bill also repeals a provision of current state preemption law that restricts local governments from creating a patchwork of laws regarding reporting lost or stolen firearms.
To the Members of the California State Senate:
I am returning Senate Bill 59 without my signature. While I share the Legislature's concern about the criminal use of lost or stolen weapons, the ambiguous manner in which this bill was written would make compliance with the law confusing for legitimate gun-owners and could result in cases where law-abiding citizens face criminal penalties simply because they were the victim of a crime, which is particularly troubling given the unproven results of other jurisdictions in California that have passed similar measures. In addition, this bill may have undesirable legal consequences as it allows local governments to pass ordinances that differ from State law, thereby leaving law-abiding citizens with the task of navigating through a maze of different or conflicting local laws depending upon the jurisdiction they are in. A patchwork of inconsistent local ordinances creates compliance and enforcement problems that erode the States ability to effectively regulate handguns statewide. For these reasons, I am returning this bill without my signature.