BILL ANALYSIS Ó
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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