BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 1511


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          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