BILL ANALYSIS Ó
.SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 1511 Hearing Date: May 10, 2016
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|Author: |Santiago |
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|Version: |May 4, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|JRD |
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Subject: Firearms: Lending
HISTORY
Source: Author
Prior Legislation: None known
Support: Coalition Against Gun Violence, a Santa Barbara County
Coalition; Everytown for Gun Safety; Law Center to
Prevent Gun Violence; Moms Demand Action for Gun Sense
in America
Opposition:California Sportsman's Lobby; California State
Sheriffs' Association; Firearms Policy Coalition;
Safari Club International; Outdoor Sportsmen's
Coalition of California
Assembly Floor Vote: Not Relevant
PURPOSE
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The purpose of this bill is to modify firearm loan provisions
relating to (1) infrequent loans to persons known to each other,
and (2) loans to a licensed hunter.
Current federal law requires licensed firearms dealers, before
they may deliver a firearm to a purchaser, to perform a
background check on the purchaser through the federal National
Instant Criminal Background Check System ("NICS"). (18 U.S.C §§
921, et seq.)
Existing law requires that, except as specified, all sales,
loans, and transfers of firearms to be processed through or by a
state-licensed firearms dealer or a local law enforcement
agency. (Penal Code § 27545.)
Existing law provides that there is a 10-day waiting period when
purchasing a firearm through a firearms dealer. During which
time, a background check is conducted and, if the firearm is a
handgun, a handgun safety certificate is required prior to
delivery of the firearm. (Penal Code §§ 26815, 26840(b) and
27540.)
Existing law creates numerous exceptions to a variety of
different and specified firearms transfer requirements,
including penal code section 27545, for loans of firearms under
a variety of different circumstances. The general categories of
these exceptions are:
For target shooting at target facility. (Penal Code §
26545.)
To entertainment production. (Penal Code § 26580.)
Several exceptions relating to law enforcement officers
and government agencies (Penal Code §§ 2660, et seq.)
For infrequent loan of non-handgun; curio or relic
(Penal Code § 27966) [commencing January 1, 2014]
To a consultant-evaluator. (Penal Code § 27005.)
To minors. (Penal Code § 27505.)
Infrequent loans to persons known to each other. (Penal
Code § 27880.)
Where the firearm stays within the presence of the
owner. (Penal Code § 27885.)
To a licensed hunter. (Penal Code § 27950.)
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Existing law that provides for infrequent loans to person known
to each other, as specified in penal code section 27880, allows
for the loan of a firearm between persons known to each other,
if the following requirements are met:
The loan is infrequent, as defined in Section 16730;
The loan is for any lawful purpose;
The loan does not exceed 30 days in duration; and
Until January 1, 2015, if the firearm is a handgun, the
individual being loaned the firearm shall have a valid
handgun safety certificate. Commencing January 1, 2015, for
any firearm, the individual being loaned the firearm shall
have a valid firearm safety certificate, except that in the
case of a handgun, an unexpired handgun safety certificate
may be used.
Existing law provides for the loan of a firearm, other than a
handgun, 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. (Penal Code § 27950.)
This bill would limit the infrequent loan provisions to a loan
to "a spouse, registered domestic partner, or any of the
following relations, whether by consanguinity, adoption, or
steprelation: (1) Parent. (2) Child. (3) Sibling. (4)
Grandparent. (5) Grandchild."
This bill would limit the licensed hunter loan provision to only
allow for a loan to a "person personally known to the transferor
if that person has a California hunting license and only
possesses the firearm while engaged in hunting."
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized
legislation referred to its jurisdiction for any potential
impact on prison overcrowding. Mindful of the United States
Supreme Court ruling and federal court orders relating to the
state's ability to provide a constitutional level of health care
to its inmate population and the related issue of prison
overcrowding, this Committee has applied its "ROCA" policy as a
content-neutral, provisional measure necessary to ensure that
the Legislature does not erode progress in reducing prison
overcrowding.
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On February 10, 2014, the federal court ordered California to
reduce its in-state adult institution population to 137.5% of
design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In December of 2015 the administration reported that as "of
December 9, 2015, 112,510 inmates were housed in the State's 34
adult institutions, which amounts to 136.0% of design bed
capacity, and 5,264 inmates were housed in out-of-state
facilities. The current population is 1,212 inmates below the
final court-ordered population benchmark of 137.5% of design bed
capacity, and has been under that benchmark since February
2015." (Defendants' December 2015 Status Report in Response to
February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge
Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One
year ago, 115,826 inmates were housed in the State's 34 adult
institutions, which amounted to 140.0% of design bed capacity,
and 8,864 inmates were housed in out-of-state facilities.
(Defendants' December 2014 Status Report in Response to February
10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman
v. Brown, Plata v. Brown (fn. omitted).)
While significant gains have been made in reducing the prison
population, the state must stabilize these advances and
demonstrate to the federal court that California has in place
the "durable solution" to prison overcrowding "consistently
demanded" by the court. (Opinion Re: Order Granting in Part and
Denying in Part Defendants' Request For Extension of December
31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,
Coleman v. Brown, Plata v. Brown (2-10-14). The Committee's
consideration of bills that may impact the prison population
therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed
to reducing the prison population;
Whether a proposal addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly
dangerous to the physical safety of others for which there
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is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or
legislative drafting error; and
Whether a proposal proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy.
COMMENTS
1.Effect of This Legislation
This legislation would modify firearm loan provisions relating
to (1) infrequent loans to persons known to each other, and (2)
loans to a licensed hunter.
The provisions of current law which allow for firearms to be
infrequently loaned to a person known to the owner, authorizes a
firearm to be loaned between persons who are personally known to
each other, if all of the following requirements are satisfied:
The loan is infrequent, meaning, for handguns, less than
six transactions per calendar year and for firearms other
than handguns, occasional and without regularity.
The loan is for any lawful purpose.
The loan does not exceed 30 days in duration.
If the firearm is a handgun, the individual being loaned
the handgun shall have a valid handgun safety certificate.
(Penal Code § 27880.)
This legislation would delete the requirement that the person be
personally know to the owner of the firearm, and would instead
require that the loan be made to a specified family member.
Existing law provides for the loan of a firearm, other than a
handgun, to a licensed hunter for the duration of the hunting
season for which the firearm is to be used. This legislation
limits this loan provision to a person who is personally known
to the owner of the firearm and would only allow that person to
possess the firearm while engaged in hunting.
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