BILL ANALYSIS                                                                                                                                                                                                    




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          |SENATE RULES COMMITTEE            |                       AB 1511|
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                                   THIRD READING 


          Bill No:  AB 1511
          Author:   Santiago (D) and Chiu (D)
          Amended:  5/17/16 in Senate
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  5-2, 5/10/16
           AYES:  Hancock, Glazer, Leno, Liu, Monning
           NOES:  Anderson, Stone

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/16/16
           AYES:  Lara, Beall, Hill, McGuire, Mendoza
           NOES:  Bates, Nielsen

           ASSEMBLY FLOOR:  Not relevant

           SUBJECT:   Firearms:  lending


          SOURCE:    Author

          DIGEST:   This bill modifies firearm loan provisions relating to  
          infrequent loans.


          ANALYSIS:  


          Existing law: 

          1)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.)

          2)Requires that, except as specified, all sales, loans, and  








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            transfers of firearms to be processed through or by a  
            state-licensed firearms dealer or a local law enforcement  
            agency.  (Penal Code  27545.) 

          3)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.)

          4)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:

             a)   For target shooting at target facility. (Penal Code   
               26545.)

             b)   To entertainment production. (Penal Code  26580.)

             c)   Several exceptions relating to law enforcement officers  
               and government agencies (Penal Code  2660, et seq.)

             d)   For infrequent loan of non-handgun; curio or relic  
               (Penal Code  27966) [commencing January 1, 2014]

             e)   To a consultant-evaluator. (Penal Code  27005.)

             f)   To minors. (Penal Code  27505.)

             g)   Infrequent loans to persons known to each other. (Penal  
               Code  27880.)

             h)   Where the firearm stays within the presence of the  
               owner. (Penal Code  27885.)

             i)   To a licensed hunter. (Penal Code  27950.)

          5)Provides for infrequent loans to person known to each other,  
            as specified in Penal Code Section 27880, allows for the loan  








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            of a firearm between persons known to each other, if the  
            following requirements are met: 

             a)   The loan is infrequent, as defined in Section 16730;

             b)   The loan is for any lawful purpose;

             c)   The loan does not exceed 30 days in duration; and

             d)   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.

          This bill: 

          1)Limits 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."  

          2)States that if the firearm being loaned is a handgun, the  
            handgun must be registered to the person making the loan, as  
            specified. 

          Comments
          
          This bill modifies firearm loan provisions relating to  
          infrequent loans to persons known to each other. 
           
          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.








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           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 bill deletes the requirement that the person be personally  
          know to the owner of the firearm, and instead requires that the  
          loan be made to a specified family member.  This bill  
          additionally requires that if the firearm being loaned is a  
          handgun, it must be registered to the person making the loan. 


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   Yes


          According to the Senate Appropriations Committee:


           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 Penal Code  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  
            convictions subject to county jail sentences. The Department  
            of Justice 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  








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            enforced, which is unknown.


          SUPPORT:   (Verified5/17/16)


          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:   (Verified5/17/16)


          California Sportsman's Lobby
          California State Sheriffs' Association
          Firearms Policy Coalition
          Outdoor Sportsmen's Coalition of California 
          Safari Club International 
          Several individuals


          ARGUMENTS IN SUPPORT:     Everytown for Gun Safety and Moms  
          Demand Action for Gun Sense in America state: 
          
            I am writing on behalf of Everytown for Gun Safety and Moms  
            Demand Action for Gun Sense in America in strong support of  
            your legislation, AB 1511, to close a loophole in California  
            law that allows dangerous people who are prohibited from  
            possessing guns to borrow guns with no background check and no  
            questions asked.

             q    Background checks on all gun sales save lives.  
               California is generally a leader on this issue. 
          
                 California has strong gun violence prevention laws,  
               including a requirement that all gun sellers run criminal  
               background checks on their buyers, whether the seller is a  
               federally licensed firearm dealer (FFL), or an unlicensed,  
               private seller who sells guns online or at gun shows.  
               Background checks are the most effective way to ensure that  








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               a prospective buyer is not a felon, domestic abuser, person  
               with dangerous mental illness, or otherwise legally  
               prohibited from having guns.
                  o         Federal law only requires licensed dealers to  
                    run background checks on potential buyers.
                  o         California is one of 18 states that go further  
                    and require background checks on all handgun sales. In  
                    these states:
                                     Women are 46 percent less likely to  
                         be shot to death by intimate partners; [Footnote  
                         omitted]
                                     Law enforcement are 48 percent less  
                         likely to be killed with handguns; [Footnote  
                         omitted]  and
                                     People are 48 percent less likely to  
                         kill themselves with guns. [Footnote omitted]
            

             q    But there is currently an unusual loophole in  
               California's background check law. 

                 California law has an exception that allows anyone to  
               borrow a gun for up to 30 days without a background check.
                 This exception is highly unusual among the states with  
               comprehensive background check laws:
                  o         Of the 17 other states that require background  
                    checks on all handgun sales, only 2 have loan  
                    exceptions as broad as California's. [Footnote  
                    omitted.]
                  o         In fact, of the 11 other states with a  
                    comprehensive system like California's that  requires  
                    background checks on all gun sales, no other state has  
                    a loan exception as broad as California's.

             q    Several recent shootings around the country involving  
               loaned guns demonstrate the danger of this broad exception  
               (see appendix, below).

                 All of these loans were to friends or acquaintances (as  
               opposed to family members) who did not accurately assess  
               the danger that the person posed.
                 In the absence of a background check, the lender took  








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               the borrower's word that the gun was to be used for a  
               lawful purpose, and a tragedy resulted.

             q    AB 1511 will fix this loophole and help keep guns out of  
               the hands of dangerous people.
          
                 The bill retains the exception for loans to close family  
               members, who are best positioned to know if the relative  
               receiving the firearm has a background or circumstance that  
               prohibits gun possession. 
                 This would bring California in line with the vast  
               majority of the states with comprehensive background check  
               laws, including the states that most recently enacted these  
               measures like Washington and Oregon.


          ARGUMENTS IN OPPOSITION:     According to the California State  
          Sheriffs' Association: 

            California has some of the strictest gun laws in the nation,  
            yet gun violence continues to plague our state.  We must  
            continue to take steps to keep guns and ammunition out of the  
            hands of criminals and other prohibited persons.  That said,  
            this measure would make little progress toward that goal.   
            Instead, it would place additional restrictions on law abiding  
            citizens who wish lend firearms to each other.  In doing so,  
            AB 1511 would likely result in the allocation of law  
            enforcement resources to regulating the gun-owning practices  
            of otherwise law-abiding persons at the expense of efforts to  
            keep firearms and ammunition out of the hands of criminals and  
            other persons that should not be armed.

            Sheriffs are generally supportive of efforts to create  
            appropriate penalties for persons who steal firearms and for  
            criminals who are found to possess firearms.  We have  
            supported bills that create mechanisms to keep firearms away  
            from certain persons, including in the form of gun violence  
            restraining orders.  Ultimately, we do not believe AB 1511  
            will be successful in keeping firearms or ammunition away from  
            dangerous persons.










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          Prepared by:Jessica Devencenzi / PUB. S. /
          5/18/16 16:21:34


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