BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 1511 (Santiago) - Firearms:  lending
          
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          |Version: May 11, 2016           |Policy Vote:  PUB. S. 5 - 2     |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date:  May 16, 2016     |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  AB 1511 would modify and narrow existing firearm loan  
          provisions relating to infrequent loans to persons known to each  
          other, as specified.


          Fiscal  
          Impact:  
            State prisons  :  Potential minor to moderate increase in state  
            costs (General Fund) to the extent narrowing the firearm loan  
            provisions results in additional commitments to state prison.  
            Commitments to state prison under PC  27590(b), (c), or (e),  
            in which violations of firearm loan provisions can be charged  
            as a felony, have been infrequent, however, to the extent even  
            two additional commitments to state prison occur statewide in  
            any one year would result in new state costs of $58,000 based  
            on the contract bed rate of $29,000 per inmate.   
            County jails  :  Potentially significant increase in local costs  
            (Local Funds) to the extent narrowing the firearm loan  
            provisions results in additional misdemeanor and felony  







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            convictions subject to county jail sentences. The DOJ data  
            indicates less than 100 arrests annually statewide for  
            violations of existing firearm loan provisions of law.  
            Potential costs would largely be dependent on the degree to  
            which the narrowed firearm loan provisions are enforced, which  
            is unknown.


          Background:  Existing law requires that, except as specified, all sales,  
          loans, and transfers of firearms are to be processed through or  
          by a state-licensed firearms dealer or a local law enforcement  
          agency. (Penal Code (PC)  27545.).
          Under existing law, a violation of the firearm loan provisions  
          is generally a misdemeanor, however, in specified circumstances  
          a violation may be punishable as a felony subject to  
          imprisonment for two, three, or four years, or as an alternate  
          felony-misdemeanor, subject to imprisonment in county jail for  
          up to one year or in county jail or state prison for 16 months,  
          two, or three years. Notably, a violation of the firearm loan  
          provisions involving a handgun is an alternate  
          felony-misdemeanor. (PC  27590.) 

          Existing law creates numerous exceptions to a variety of  
          different and specified firearm transfer requirements, including  
          PC  27545, for loans of firearms under a variety of  
          circumstances, as follows:
                 For target shooting at a target facility.
                 For entertainment production.
                 Law enforcement and government agencies.
                 Infrequent loans of non-handgun, curio or relic.
                 To a consultant-evaluator.
                 To minors.
                 Infrequent loans to persons known to each other.
                 Where the firearm stays within the presence of the  
               owner.
                 To a licensed hunter.

          Existing law provides for infrequent loans to persons known to  
          each other, if the following requirements are met:
                 The loan is infrequent, as defined.
                 The loan is for any lawful purpose.
                 The loan does not exceed 30 days in duration, and
                 For any firearm, the individual being loaned the firearm  
               shall have a valid firearms safety certificate, except in  








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               the case of a handgun, an unexpired handgun safety  
               certificate may be used. (PC  27880.)


          Proposed Law (as proposed to be amended):  
           This bill would modify firearm loan provisions relating to  
          infrequent loans to persons known to each other, as follows:
                 Narrows the infrequent loan provisions authorized under  
               existing law "between persons who are personally known to  
               each other," to instead limit infrequent loans 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, or (5) grandchild.


                 Specifies if the firearm being loaned is a handgun, the  
               handgun must be registered to the person making the loan,  
               as specified.


          Staff Comments:  The Department of Justice (DOJ) has indicated  
          no fiscal impact to the DOJ associated with the provisions of  
          this bill.


          Amendments to be taken in Committee:


                 Delete the changes to existing provisions of law with  
               regard to licensed hunters.
               On page 2, strike lines 22 to 24, on page 3, strike lines 1  
               to 3.

                 Add the following additional amendment to Section 27880,  
               on page 2, between lines 21 and 22, insert:

                (f) If the firearm being loaned is a handgun, the handgun  
               is registered to the person making the loan pursuant to  
               Section 11106.  












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