BILL ANALYSIS Ó
AB 1511
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
1511 (Santiago and Chiu)
As Amended May 17, 2016
Majority vote
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|ASSEMBLY: | |(April 16, |SENATE: | | (May 19, 2016) |
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(vote not relevant)
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|COMMITTEE VOTE: |5-2 |(June 21, 2016) |RECOMMENDATION: |concur |
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(Pub. S.)
Original Committee Reference: INS.
AB 1511
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SUMMARY: Specifies that the infrequent loan of a firearm may
only be made to family members.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Specify that the infrequent loan of a firearm may only be made
to family members.
2)Define "family members" as "spouses and registered domestic
partners, or parents, children, siblings, grandparents,
grandchildren, whether related by blood, adoption, or a
step-relation."
3)Require any handgun being loaned be registered to the person
making the loan.
EXISTING LAW:
1)States that where neither party to a firearm transaction holds
a dealer's license issued as specified, the parties to the
transaction shall complete the sale, loan, or transfer of that
firearm through a licensed firearms dealer, as specified.
(Penal Code Section (PC) 27545)
2)Specifies that the requirement that a firearm transaction go
through a licensed firearms dealer, does not apply to the loan
of a firearm between persons who are personally known to each
other, if all of the following requirements are satisfied:
a) The loan is infrequent, as specified. (PC 27880(a))
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b) The loan is for any lawful purpose. (PC Section
27880(b))
c) The loan does not exceed 30 days in duration. (PC
27880(c))
d) 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. (PC 27880(d))
3)An "infrequent" loan for purposes of handguns is defined as
"less than six transactions per calendar year." (PC
16730(a)(1))
4)An "infrequent" loan for purposes of firearms other than
handguns is defined as "occasional and without regularity."
(PC 16730(a)(2))
AS PASSED BY THE ASSEMBLY, this bill clarified reporting
requirements for various reports related to insurance that must
be submitted to the Legislature. Specifically, this bill:
1)Replaced the general requirement that reports be submitted to
the Legislature with a requirement that the following reports
be submitted to the Assembly and Senate Committees on
Insurance:
a) Reports regarding the insolvency of an insurer.
b) Annual report of the California Life and Health
Insurance Guarantee Association.
c) Annual report summarizing the number, type and
disposition of complaints received by the Department of
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Insurance.
d) Annual report from the California Assigned Risk
Plan.
2)Repealed a requirement for the Workers' Compensation Insurance
Rating Board report to the Legislature regarding workers'
compensation issues for the taxi industry by May 1, 2003.
FISCAL EFFECT: According to the Senate Appropriations
Committee:
1)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.
2)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 (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.
COMMENTS: According to the author, "Several recent shootings
around the country have shed light on a dangerous loophole in
state laws. In California, anyone can borrow a gun from an
acquaintance for up to 30 days without a background check - one
of the most important safeguards in law. AB 1511 will close
this loophole and keep guns out of the hands of dangerous
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people."
This bill was substantially amended in the Senate and the
Assembly-approved version of this bill was deleted. This bill,
as amended in the Senate, is inconsistent with Assembly actions
and the provisions of this bill, as amended in the Senate, have
not been heard in an Assembly policy committee.
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
FN: 0003474