SB 1332, as introduced, Mendoza. Firearms.
Existing law requires the Attorney General to maintain a registry of all firearm owners consisting of the name, address, identification of, place of birth, complete telephone number, occupation, sex, description, and all legal names and aliases used by the owner of a particular firearm as listed on the Dealer’s Record of Sale or other specified reports.
This bill would require the Department of Justice to modify its registration form so that both spouses or both domestic partners may register as the owners of the firearm and would require the department to maintain both names on the firearm’s registry. The bill would make related findings and declarations and would require the Attorney General to submit a report to the Legislature on or before January 1, 2018, regarding joint registration of firearms, as specified.
Existing law also requires the Attorney General to maintain information regarding firearms from certain other reports pertaining to firearms transactions.
This bill would additionally require the Attorney General to maintain the information supplied to the Department of Justice in certain forms submitted by persons who take possession of a firearm pursuant to a specified exception to the general requirement that firearms transactions be completed through a licensed firearms dealer.
Existing law requires the loan of a firearm to be conducted through a licensed firearms dealer. Other existing law excepts from this requirement certain loans of firearms between persons who are personally known to each other if certain criteria are met, including that the loan does not exceed 30 days. Existing law makes a violation of this requirement a crime.
This bill would instead make that provision applicable only when the loan does not exceed 10 days in duration. By expanding the scope of an existing crime, this bill would impose a state-mandated local program.
The bill would also create additional exceptions to the dealer requirement for a loan of a firearm that occurs at the lender’s residence or private property and for a loan in which the firearm is being stored in the receiver’s residence or in an enclosed structure on the receiver’s private property, if certain criteria are met.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
Section 11106 of the Penal Code is amended to
(a) (1) In order to assist in the investigation of crime,
4the prosecution of civil actions by city attorneys pursuant to
5paragraph (3) of subdivision (b), the arrest and prosecution of
6criminals, and the recovery of lost, stolen, or found property, the
7Attorney General shall keep and properly file a complete record
8of all of the following:
9(A) All copies of fingerprints.
10(B) Copies of licenses to carry firearms issued pursuant to
11Section 26150, 26155, 26170, or 26215.
12(C) Information reported to the Department of Justice pursuant
13to Section 26225, 27875, 27920, or 29830.
14(D) Dealers’ records of sales of firearms.
15(E) Reports provided pursuant to Article 1 (commencing with
16Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
17pursuant to any provision listed in subdivision (a) of Section 16585.
P3 1(F) Forms provided pursuant to Section 12084, as that section
2read prior to being repealed on January 1, 2006.
3(G) Reports provided pursuant to Article 1 (commencing with
4Section 26700) and Article 2 (commencing with Section 26800)
5of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’
6records of sales of firearms.
7(H) Information provided pursuant to Section 28255.
8(I) Reports of stolen, lost, found, pledged, or pawned property
9in any city or county of this state.
10(2) The Attorney General shall, upon proper application therefor,
11furnish the information to the officers referred to in Section 11105.
12(b) (1) The Attorney General shall permanently keep and
13properly file and maintain all information reported to the
14Department of Justice pursuant to the following provisions as to
15firearms and maintain a registry thereof:
16(A) Article 1 (commencing with Section 26700) and Article 2
17(commencing with Section 26800) of Chapter 2 of Division 6 of
18Title 4 of Part 6.
19(B) Article 1 (commencing with Section 27500) of Chapter 4
20of Division 6 of Title 4 of Part 6.
21(C) Chapter 5 (commencing with Section 28050) of Division 6
22of Title 4 of Part 6.
23(D) Any provision listed in subdivision (a) of Section 16585.
24(E) Former Section 12084.
25(F) Section 28255.
26(G) Any other law.
27(2) The registry shall consist of all of the following:
28(A) The name, address, identification of, place of birth (state
29or country), complete telephone number, occupation, sex,
30description, and all legal names and aliases ever used by the owner
31or person being loaned the particular firearm as listed on the
32information provided to the department on the Dealers’ Record of
33Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
34in former Section 12084, or reports made to the department
35pursuant to any provision listed in subdivision (a) of Section 16585,
36Section 28255, or any other law.
37(B) The name and address of, and other information about, any
38person (whether a dealer or a private party) from whom the owner
39acquired or the person being loaned the particular firearm and
40when the firearm was acquired or loaned as listed on the
P4 1information provided to the department on the Dealers’ Record of
2Sale, the LEFT, or reports made to the department pursuant to any
3provision listed in subdivision (a) of Section 16585 or any other
5(C) Any waiting period exemption applicable to the transaction
6which resulted in the owner of or the person being loaned the
7particular firearm acquiring or being loaned that firearm.
8(D) The manufacturer’s name if stamped on the firearm, model
9name or number if stamped on the firearm, and, if applicable, the
10serial number, other number (if more than one serial number is
11stamped on the firearm), caliber, type of firearm, if the firearm is
12new or used, barrel length, and color of the firearm, or, if the
13firearm is not a handgun and does not have a serial number or any
14identification number or mark assigned to it, that shall be noted.
22(3) Information in the registry referred to in this subdivision
23shall, upon proper application therefor, be furnished to the officers
24referred to in Section 11105, to a city attorney prosecuting a civil
25action, solely for use in prosecuting that civil action and not for
26any other purpose, or to the person listed in the registry as the
27owner or person who is listed as being loaned the particular firearm.
28(4) If any person is listed in the registry as the owner of a firearm
29through a Dealers’ Record of Sale prior to 1979, and the person
30listed in the registry requests by letter that the Attorney General
31store and keep the record electronically, as well as in the record’s
32existing photographic, photostatic, or nonerasable optically stored
33form, the Attorney General shall do so within three working days
34of receipt of the request. The Attorney General shall, in writing,
35and as soon as practicable, notify the person requesting electronic
36storage of the record that the request has been honored as required
37by this paragraph.
38(c) (1) If the conditions specified in paragraph (2) are met, any
39officer referred to in paragraphs (1) to (6), inclusive, of subdivision
40(b) of Section 11105 may disseminate the name of the subject of
P5 1the record, the number of the firearms listed in the record, and the
2description of any firearm, including the make, model, and caliber,
3from the record relating to any firearm’s sale, transfer, registration,
4or license record, or any information reported to the Department
5of Justice pursuant to any of the following:
6(A) Section 26225, 27875, or 27920.
7(B) Article 1
(commencing with Section 26700) and Article 2
8(commencing with Section 26800) of Chapter 2 of Division 6 of
9Title 4 of Part 6.
10(C) Article 1 (commencing with Section 27500) of Chapter 4
11of Division 6 of Title 4 of Part 6.
12(D) Chapter 5 (commencing with Section 28050) of Division
136 of Title 4 of Part 6.
14(E) Article 2 (commencing with Section 28150) of Chapter 6
15of Division 6 of Title 4 of Part 6.
16(F) Article 5 (commencing with Section 30900) of Chapter 2
17of Division 10 of Title 4 of Part 6.
18(G) Chapter 2 (commencing with Section 33850) of Division
1911 of Title 4 of Part 6.
20(H) Any provision listed in subdivision (a) of Section 16585.
21(2) Information may be disseminated pursuant to paragraph (1)
22only if all of the following conditions are satisfied:
23(A) The subject of the record has been arraigned for a crime in
24which the victim is a person described in
begin delete subdivisions (a) to (f), Section 6211 of the Family Code and is being
25inclusive, ofend delete
26prosecuted or is serving a sentence for the crime, or the subject of
27the record is the subject of an emergency protective order, a
28temporary restraining order, or an order after hearing, which is in
29effect and has been issued by a family court under the Domestic
30Violence Protection Act set forth in Division 10 (commencing
31with Section 6200) of the Family Code.
32(B) The information is disseminated only to the victim of the
33 crime or to the person who has obtained the emergency protective
34order, the temporary restraining order, or the order after hearing
35issued by the family court.
36(C) Whenever a law enforcement officer disseminates the
37information authorized by this subdivision, that officer or another
38officer assigned to the case shall immediately provide the victim
39of the crime with a “Victims of Domestic Violence” card, as
P6 1specified in subparagraph (H) of paragraph (9) of subdivision (c)
2of Section 13701.
3(3) The victim or person to whom information is disseminated
4pursuant to this subdivision may disclose it as he or she deems
5necessary to protect himself or herself or another person from
6bodily harm by the person who is the subject of the record.
Section 17060 of the Penal Code is amended to read:
As used in Section 25135, “residence” means any
9structure intended or used for human habitation, including, but not
10limited to, houses, condominiums, rooms, motels, hotels,
11time-shares, and recreational or other vehicles where human
Section 27880 of the Penal Code is amended to read:
Section 27545 does not apply to the loan of a firearm
20between persons who are personally known to each other, if all of
21the following requirements are satisfied:
22(a) The loan is infrequent, as defined in Section 16730.
23(b) The loan is for any lawful purpose.
24(c) The loan does not exceed
begin delete 30end delete days in duration.
25(d) Until January 1, 2015, if the firearm is a handgun, the
26individual being loaned the firearm shall have a valid handgun
27safety certificate. Commencing January 1, 2015, for any firearm,
28the individual being loaned the firearm shall have a valid firearm
29safety certificate, except that in the case of a handgun, an unexpired
30handgun safety certificate may be used.
Section 27881 is added to the Penal Code, to read:
Section 27545 does not apply to the loan of a firearm
33provided all of the following are met:
34(a) If the firearm being loaned is a handgun or semiautomatic
35center fire rifle, the handgun or rifle is registered to the person
36making the loan pursuant to Section 11106.
37(b) The loan occurs within the lender’s place of residence or
38private property, which is not zoned for commercial, retail, or
P7 1(c) The firearm at all times stays within the lender’s place of
2residence or private property, which is not zoned for commercial,
3retail, or industrial activity.
individual receiving the firearm is not prohibited by
5state or federal law from possessing, receiving, owning, or
6purchasing a firearm.
7(e) The individual receiving the firearm is 18 years of age or
9(f) The individual receiving the firearm has a valid firearm safety
10certificate, except that if the firearm being loaned is a handgun,
11the individual may instead have an unexpired handgun safety
Section 27882 is added to the Penal Code, to read:
Section 27545 does not apply to the loan of a firearm
15provided all of the following are met:
16(a) If the firearm being loaned is a handgun or semiautomatic
17center fire rifle, the handgun or rifle is registered to the person
18making the loan pursuant to Section 11106.
19(b) The firearm being loaned is stored in the receiver’s place of
20residence or in an enclosed structure on the receiver’s private
21property, which is not zoned for commercial, retail, or industrial
23(c) The firearm at all times stays within the receiver’s place of
24residence or in an enclosed structure on the receiver’s private
25property, which is not zoned for commercial, retail, or industrial
27(d) The individual receiving the firearm is not prohibited by
28state or federal law from possessing, receiving, owning, or
29purchasing a firearm.
30(e) The individual receiving the firearm is 18 years of age or
32(f) The individual receiving the firearm has a valid firearm safety
33certificate, except that if the firearm being loaned is a handgun,
34the individual may instead have an unexpired handgun safety
36(g) One of the following applies:
37(1) The firearm is maintained within a locked container.
38(2) The firearm is disabled by a firearm safety device.
39(3) The firearm is maintained within a locked gun safe.
P8 1(4) The firearm is locked with a locking device, as defined in
2Section 16860, which has rendered the firearm inoperable.
3(h) The loan does not exceed 30 days in duration.
4(i) The loan is made without consideration.
5(j) There is writing in a format prescribed by the Department
6of Justice that explains the obligations imposed by this section that
7is signed by both the party loaning the firearm for storage and the
8person receiving the firearm.
9(k) Both parties to the loan have signed copies of the writing
10required by subdivision (j).
(a) The Legislature finds and declares all of the
13(1) Under current state procedures, the initial acquisition process
14to acquire a firearm includes, among other requirements, a
15background check, a Firearm Safety Certificate, and upon
16completion of the process, registration of that firearm to that person
17in the Centralized Registry set forth in Section 11106 of the Penal
19(2) The current background check and registration process
20allows only one person to initially acquire and be the registered
21owner of that firearm.
22(3) The California Constitution provides that property owned
23 before marriage or acquired during marriage by gift, will, or
24inheritance is separate property.
25(4) Community property rights are protected through the Due
26Process Clause and other clauses of the California Constitution.
27(5) On July 20, 2015, the California Supreme Court in the case
28In re Marriage of Davis (2015) 61 Cal.4th 846 confirmed that
29Section 760 of the Family Code specifically allows property
30acquired by the spouses during the marriage not to be treated as
31community property where otherwise provided by statute.
32(6) Allowing property acquired by spouses during the marriage
33not to be treated as community property where otherwise provided
34by statute was foreshadowed by the decision of the Court of
35Appeals in Crosby v. H.L.C. Properties LTD (2014) 223
36Cal.App.4th 597, 609, fn. 10.
37(7) Under current law, a person who is licensed to carry a
38handgun in public is licensed to carry a specific handgun, and in
39many jurisdictions licensing authorities license both spouses to
40carry the same handgun, but in other jurisdictions licenses to carry
P9 1will not be issued unless the handgun is first registered to the
3(8) Because carry license information is reported to the
4Department of Justice and is required to be included in the
5Centralized Registry, joint registration is occurring today, albeit
6under the carry license system.
7(9) Joint family firearm registration is expressly allowed for
8assault weapons and .50 BMG rifles.
9(10) Joint spousal firearm registration exists in Hawaii,
10Maryland, and New York.
11(11) Firearms initially constituting separate property may be
12jointly registered to a spouse via the transmutation process and via
13the operation of law procedures set forth in subdivision (g) of
14Section 16990 and paragraph (2) of subdivision (a) of Section
1527920 of the Penal Code, without being processed through a
16state-licensed firearms dealer. The clear intent of those provisions
17is to allow joint spousal registration via that process but not to
18otherwise permit joint registration. The amendments made to
19Section 11106 of the Penal Code made by the act that added this
20section in so far as relevant are designed to effectuate that intent.
21(12) Also via the operation of law process, separate property of
22one spouse may be transmuted to another spouse as separate
24(13) Firearms brought into this state by new
25were acquired outside of this state by such persons when residents
26of that other state are being allowed to be jointly registered in
27effect to both spouses pursuant to the procedures set forth in of
28Section 27560 of the Penal Code, without being processed through
29a state-licensed firearms dealer. The amendments made to Section
3011106 of the Penal Code by the act that added this section in so
31far as relevant are designed to allow that to continue if it is
33(14) The Department of Justice, pursuant to Section 28000 of
34the Penal Code, allows a person to de-register a firearm if certain
35conditions are met, including, among other conditions, providing
36the department with official documentation that the firearm has,
37in fact, been disposed of. The amendments made to Section 11106
38of the Penal Code by the act that added this section in so far as
39relevant are designed to allow that to continue if it is occurring
P10 1(15) The process of de-registering a firearm by filing a form
2pursuant to Section 28000 of the Penal Code detailing the disposal
3of a firearm because the firearm was transferred to another requires
4submission to the department of a formal department-generated
5document stating that the firearm was re-registered. If the
6disposition form is not submitted pursuant to Section 28000 of the
7Penal Code, then a firearm may in effect be technically listed as
8being registered to both parties involved in the transfer.
9(16) There are legitimate concerns that if joint firearm
10registration is explicitly allowed by virtue of the amendments made
11to Section 11106 of the Penal Code by the act that added this
12section, it may create a number of issues regarding third-party
13rights when the time comes to dispose of those jointly registered
14firearms. Those concerns exist now as to jointly registered .50
15BMG rifles and assault weapons.
16(b) The Attorney General shall prepare and submit to the
17Legislature on or before January 1, 2018, a report concerning all
18of the following:
19(1) What process is occurring now as to the joint registration
20of firearms between spouses and registered domestic partners
21pursuant to the operation of law procedures by virtue of the
22amendments made to Section 11106 of the Penal Code by the act
23that added this section.
24(2) Any issues that have arisen as to joint family registration of
25.50 BMG rifles and assault weapons.
26(3) The barriers that exist, if any, to joint registration of firearms
27between spouses and registered domestic partners that are not
28obviated by the amendments made to Section 11106 of the Penal
29Code by the act that added this section.
30(4) The feasibility and costs of explicitly implementing a joint
31firearm registration system beyond the provisions of this act made
32by the amendments made to Section 11106 of the Penal Code by
33the act that added this section without disrupting the current Dealer
34Record of Sale system.
35(5) The overall costs of creating and maintaining, and the costs
36to the individuals of using, a joint firearm registration system
37beyond those changes made by the amendments made to Section
3811106 of the Penal Code by the act that added this section.
39(6) The effect of an explicit joint firearm registration system on
40overall efforts by the Department of Justice in terms of information
P11 1and computerized upgrades that the department is currently
3(7) Recommendations for the disposition of jointly registered
4firearms that protect public safety, the registrants, and third parties.
5(8) Proposals for any specific statutory changes necessary to
6implement the recommendations identified pursuant to paragraph
7(7), if any.
8(c) The report required by subdivision (b) shall be submitted
9pursuant to Section 9795 of the Government Code.
10(d) It is the intent of the Legislature, if joint firearm registration
11does not occur pursuant to the amendments made to Section 11106
12of the Penal Code by the act that added this section, to enact
13legislation that will go into effect prior to January 1, 2019, to
14implement an explicit joint firearm registration system in a
15user-friendly manner that protects public safety and does not
16complicate the disposition of firearms that are jointly registered.
It is the intent of the Legislature that the Department
18of Justice make available on its Internet Web site, in an editable
19public display format, the form referred to in Section 27882 of the
No reimbursement is required by this act pursuant to
22Section 6 of Article XIII B of the California Constitution because
23the only costs that may be incurred by a local agency or school
24district will be incurred because this act creates a new crime or
25infraction, eliminates a crime or infraction, or changes the penalty
26for a crime or infraction, within the meaning of Section 17556 of
27the Government Code, or changes the definition of a crime within
28the meaning of Section 6 of Article XIII B of the California