Amended in Senate May 11, 2016

Amended in Senate May 4, 2016

Amended in Senate May 18, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 1511


Introduced by Assemblybegin delete Memberend deletebegin insert Membersend insert Santiagobegin insert and Chiuend insert

March 5, 2015


An act to amend Sections 27880 and 27950 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1511, as amended, Santiago. Firearms: lending.

(1) Existing law generally requires the loan of a firearm to be conducted through a licensed firearms dealer. A violation of this provision is a crime. Existing law exempts from this requirement a loan of a firearm between persons who are personally known to each other, if the loan is infrequent and does not exceed 30 days in duration.

This bill would instead limit that exemption to the loan of a firearm to a spouse or registered domestic partner, or to a parent, child, sibling, grandparent, or grandchild, related as specified. By expanding the application of an existing crime, this bill would impose a state-mandated local program.

(2) Existing law exempts from the requirement to conduct the loan of a firearm through a licensed firearms dealer a loan made to a licensed hunter for use by that hunter for a period of time not to exceed the duration of the hunting season for which the firearm is to be used.

This bill would instead exempt from that requirement the loan of a firearm to a personbegin delete personally known to the transferor if that person has a California hunting license and only possesses the firearm while engaged inend deletebegin insert who has a valid hunting license issued by the State of California and only possesses the firearm whileend insert hunting. By expanding the application of an existing crime, this bill would impose a state-mandated local program.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

Section 27880 of the Penal Code is amended to
2read:

3

27880.  

Section 27545 does not apply to the loan of a firearm
4if all of the following requirements are satisfied:

5(a) The loan is to a spouse, registered domestic partner, or any
6of the following relations, whether by consanguinity, adoption, or
7 steprelation:

8(1) Parent.

9(2) Child.

10(3) Sibling.

11 (4) Grandparent.

12 (5) Grandchild.

13(b) The loan is infrequent, as defined in Section 16730.

14(c) The loan is for any lawful purpose.

15(d) The loan does not exceed 30 days in duration.

16(e) Until January 1, 2015, if the firearm is a handgun, the
17individual being loaned the firearm shall have a valid handgun
18safety certificate. Commencing January 1, 2015, for any firearm,
19the individual being loaned the firearm shall have a valid firearm
20safety certificate, except that in the case of a handgun, an unexpired
21handgun safety certificate may be used.

22

SEC. 2.  

Section 27950 of the Penal Code is amended to read:

23

27950.  

Section 27545 does not apply to the loan of a firearm,
24other than a handgun, to a personbegin delete personally known to the
25transferor if that person has a California hunting license and only
P3    1possesses the firearm while engaged inend delete
begin insert who has a valid hunting
2license issued by the State of California and only possesses the
3firearm whileend insert
hunting.

4

SEC. 3.  

No reimbursement is required by this act pursuant to
5Section 6 of Article XIII B of the California Constitution because
6the only costs that may be incurred by a local agency or school
7district will be incurred because this act creates a new crime or
8infraction, eliminates a crime or infraction, or changes the penalty
9for a crime or infraction, within the meaning of Section 17556 of
10the Government Code, or changes the definition of a crime within
11the meaning of Section 6 of Article XIII B of the California
12Constitution.



O

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