BILL ANALYSIS                                                                                                                                                                                                    



          
          .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. 

                                      -- END -










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