SB 1332, as amended, 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
begin delete firearm’send delete 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 read:
(a) (1) In order to assist in the investigation of crime,
8the prosecution of civil actions by city attorneys pursuant to
9paragraph (3) of subdivision (b), the arrest and prosecution of
10criminals, and the recovery of lost, stolen, or found property, the
11Attorney General shall keep and properly file a complete record
12of all of the following:
13(A) All copies of fingerprints.
14(B) Copies of licenses to carry firearms issued pursuant to
15Section 26150, 26155, 26170, or 26215.
16(C) Information reported to the Department of Justice pursuant
17to Section 26225, 27875, 27920, 27966, or 29830.
18(D) Dealers’ records of sales of firearms.
19(E) Reports provided pursuant to Article 1 (commencing with
20Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
21pursuant to any provision listed in subdivision (a) of Section 16585.
22(F) Forms provided pursuant to Section 12084, as that section
23read prior to being repealed on January 1, 2006.
24(G) Reports provided pursuant to Article 1 (commencing with
25Section 26700) and Article 2 (commencing with Section 26800)
26of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’
27records of sales of firearms.
28(H) Information provided pursuant to Section 28255.
29(I) Reports of stolen, lost, found, pledged, or pawned property
30in any city or county of this state.
31(2) The Attorney General shall, upon proper application therefor,
32furnish the information to the officers referred to in Section 11105.
33(b) (1) The Attorney General shall permanently keep and
34properly file and maintain all information reported to the
35Department of Justice pursuant to the following provisions as to
36firearms and maintain a registry thereof:
37(A) Article 1 (commencing with Section 26700) and Article 2
38(commencing with Section 26800) of Chapter 2 of Division 6 of
39Title 4 of Part 6.
P6 1(B) Article 1 (commencing with Section 27500) of Chapter 4
2of Division 6 of Title 4 of Part 6.
3(C) Chapter 5 (commencing with Section 28050) of Division 6
4of Title 4 of Part 6.
5(D) Any provision listed in subdivision (a) of Section 16585.
6(E) Former Section 12084.
7(F) Section 28255.
8(G) Any other law.
9(2) The registry shall consist of all of the following:
10(A) The name, address, identification of, place of
11or country), complete telephone number, occupation, sex,
12description, and all legal names and aliases ever used by the owner
13or person being loaned the particular firearm as listed on the
14information provided to the department on the Dealers’ Record of
15Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
16in former Section 12084, or reports made to the department
17pursuant to any provision listed in subdivision (a) of Section 16585,
18Section 28255, or any other law.
19(B) The name and address of, and other information about, any
20person (whether a dealer or a private party) from whom the owner
21acquired or the person being loaned the particular firearm and
22when the firearm was acquired or loaned as listed on the
23information provided to the department on the Dealers’ Record of
24Sale, the LEFT, or reports made to the department pursuant to any
25provision listed in subdivision (a) of Section 16585 or any other
27(C) Any waiting period exemption applicable to the transaction
28which resulted in the owner of or the person being loaned the
29particular firearm acquiring or being loaned that firearm.
30(D) The manufacturer’s name if stamped on the firearm, model
31name or number if stamped on the firearm, and, if applicable, the
32serial number, other number (if more than one serial number is
33stamped on the firearm), caliber, type of firearm, if the firearm is
34new or used, barrel length, and color of the firearm, or, if the
35firearm is not a handgun and does not have a serial number or any
36identification number or mark assigned to it, that shall be noted.
name of the person and his or her spouse or domestic
38partner if the firearm is registered to both individuals. The
39department shall modify its registration forms to the extent
40necessary, if it has not already done so, so that both spouses or
P7 1both domestic partners may register as the owners of the firearm.
2This subparagraph shall not require the department to change the
3Dealer’s Record of Sale form.
4(3) Information in the registry referred to in this subdivision
5shall, upon proper application therefor, be furnished to the officers
6referred to in Section 11105, to a city attorney prosecuting a civil
7action, solely for use in prosecuting that civil action and not for
8any other purpose, or to the person listed in the registry as the
9owner or person who is listed as being loaned the particular firearm.
10(4) If any person is listed in the registry as the owner of a firearm
11through a Dealers’ Record of Sale prior to 1979, and the person
12listed in the registry requests by letter that the Attorney General
13store and keep the record electronically, as well as in the record’s
14existing photographic, photostatic, or nonerasable optically stored
15form, the Attorney General shall do so within three working days
16of receipt of the request. The Attorney General shall, in writing,
17and as soon as practicable, notify the person requesting electronic
18storage of the record that the request has been honored as required
19by this paragraph.
20(c) (1) If the conditions specified in paragraph (2) are met, any
21officer referred to in paragraphs (1) to (6), inclusive, of subdivision
22(b) of Section 11105 may disseminate the name of the subject of
23 the record, the number of the firearms listed in the record, and the
24description of any firearm, including the make, model, and caliber,
25from the record relating to any firearm’s sale, transfer, registration,
26or license record, or any information reported to the Department
27of Justice pursuant to any of the following:
28(A) Section 26225, 27875, or 27920.
29(B) Article 1 (commencing with Section 26700) and Article 2
30(commencing with Section 26800) of Chapter 2 of Division 6 of
31Title 4 of Part 6.
32(C) Article 1 (commencing with Section 27500) of Chapter 4
33of Division 6 of Title 4 of Part 6.
34(D) Chapter 5 (commencing with Section 28050) of Division
356 of Title 4 of Part 6.
36(E) Article 2 (commencing with Section 28150) of Chapter 6
37of Division 6 of Title 4 of Part 6.
38(F) Article 5 (commencing with Section 30900) of Chapter 2
39of Division 10 of Title 4 of Part 6.
P8 1(G) Chapter 2 (commencing with Section 33850) of Division
211 of Title 4 of Part 6.
3(H) Any provision listed in subdivision (a) of Section 16585.
4(2) Information may be disseminated pursuant to paragraph (1)
5only if all of the following conditions are satisfied:
6(A) The subject of the record has been arraigned for a crime in
7which the victim is a person described in Section 6211 of the
8Family Code and is being prosecuted or is serving a sentence for
9the crime, or the subject of the record is the subject of an
10emergency protective order, a temporary restraining order, or an
11order after hearing, which is in effect and has been issued by a
12family court under the Domestic Violence Protection Act set forth
13in Division 10 (commencing with Section 6200) of the Family
15(B) The information is disseminated only to the victim of the
16 crime or to the person who has obtained the emergency protective
17order, the temporary restraining order, or the order after hearing
18issued by the family court.
19(C) Whenever a law enforcement officer disseminates the
20information authorized by this subdivision, that officer or another
21officer assigned to the case shall immediately provide the victim
22of the crime with a “Victims of Domestic Violence” card, as
23specified in subparagraph (H) of paragraph (9) of subdivision (c)
24of Section 13701.
25(3) The victim or person to whom information is disseminated
26pursuant to this subdivision may disclose it as he or she deems
27necessary to protect himself or herself or another person from
28bodily harm by the person who is the subject of the record.
Section 17060 of the Penal Code is amended to read:
(a) As used in Section 25135, “residence” means any
32structure intended or used for human habitation, including, but not
33limited to, houses, condominiums, rooms, motels, hotels,
34time-shares, and recreational or other vehicles where human
36(b) As used in Section 27882, “residence” means any structure
37intended or used for human habitation, including, but not limited
38to, houses, condominiums, rooms, motels, hotels, and time-shares,
39but does not include a recreational or other vehicle where human
Section 27880 of the Penal Code is amended to read:
Section 27545 does not apply to the loan of a firearm
4between persons who are personally known to each other, if all of
5the following requirements are satisfied:
6(a) The loan is infrequent, as defined in Section 16730.
7(b) The loan is for any lawful purpose.
8(c) The loan does not exceed 10 days in duration.
9(d) Until January 1, 2015, if the firearm is a handgun, the
10individual being loaned the firearm shall have a valid handgun
11safety certificate. Commencing January 1, 2015, for any firearm,
12the individual being loaned the firearm shall have a valid firearm
13safety certificate, except that in the case of a handgun, an unexpired
14handgun 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
18provided all of the following are met:
begin deleteIf the end deletefirearm being loaned begin delete is a handgun or is registered
20semiautomatic center fire rifle, the handgun or rifleend delete
21to the person making the loan pursuant to Section 11106.
22(b) The loan occurs within the lender’s place of residence or
23private property, which is not zoned for commercial, retail, or
25(c) The firearm at all times stays within the lender’s place of
26residence or private property, which is not zoned for commercial,
27retail, or industrial activity.
28(d) The individual receiving the firearm is not prohibited by
29state or federal law from possessing, receiving, owning, or
30purchasing a firearm.
31(e) The individual receiving the firearm is 18 years of age or
33(f) The individual receiving the firearm has a valid firearm safety
34certificate, except that if the firearm being loaned is a handgun,
35the 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
40provided all of the following are met:
begin deleteIf the end deletefirearm being loaned begin delete is a handgun or is registered
2semiautomatic center fire rifle, the handgun or rifleend delete
3to the person making the loan pursuant to Section 11106.
4(b) The firearm being loaned is stored in the receiver’s place of
5residence or in an enclosed structure on the receiver’s private
6property, which is not zoned for commercial, retail, or industrial
8(c) The firearm at all times stays within the receiver’s place of
9residence or in an enclosed structure on the receiver’s private
10property, which is not zoned for commercial, retail, or industrial
12(d) The individual receiving the firearm is not prohibited by
13state or federal law from possessing, receiving, owning, or
14purchasing a firearm.
15(e) The individual receiving the firearm is 18 years of age or
17(f) The individual receiving the firearm has a valid firearm safety
18certificate, except that if the firearm being loaned is a handgun,
19the individual may instead have an unexpired handgun safety
21(g) One of the following applies:
22(1) The firearm is maintained within a locked container.
23(2) The firearm is disabled by a firearm safety device.
24(3) The firearm is maintained within a locked gun safe.
25(4) The firearm is locked with a locking device, as defined in
26Section 16860, which has rendered the firearm inoperable.
27(h) The loan does not exceed 30 days in duration.
28(i) The loan is made without consideration.
29(j) There is writing in a format prescribed by the Department
30of Justice that explains the obligations imposed by this section that
31is signed by both the party loaning the firearm for storage and the
32person receiving the firearm.
33(k) Both parties to the loan have signed copies of the writing
34required by subdivision (j).
(a) The Legislature finds and declares all of the
37(1) Under current state procedures, the initial acquisition process
38to acquire a firearm includes, among other requirements, a
39background check, a Firearm Safety Certificate, and upon
40completion of the process, registration of that firearm to that person
P12 1in the Centralized Registry set forth in Section 11106 of the Penal
3(2) The current background check and registration process
4allows only one person to initially acquire and be the registered
5owner of that firearm.
6(3) The California Constitution provides that property owned
7 before marriage or acquired during marriage by gift, will, or
8inheritance is separate property.
9(4) Community property rights are protected through the Due
10Process Clause and other clauses of the California Constitution.
11(5) On July 20, 2015, the California Supreme Court in the case
12In re Marriage of Davis (2015) 61 Cal.4th 846 confirmed that
13Section 760 of the Family Code specifically allows property
14acquired by the spouses during the marriage not to be treated as
15community property where otherwise provided by statute.
16(6) Allowing property acquired by spouses during the marriage
17not to be treated as community property where otherwise provided
18by statute was foreshadowed by the decision of the Court of
19Appeals in Crosby v. H.L.C. Properties LTD (2014) 223
20Cal.App.4th 597, 609, fn. 10.
21(7) Under current law, a person who is licensed to carry a
22handgun in public is licensed to carry a specific handgun, and in
23many jurisdictions licensing authorities license both spouses to
24carry the same handgun, but in other jurisdictions licenses to carry
25will not be issued unless the handgun is first registered to the
27(8) Because carry license information is reported to the
28Department of Justice and is required to be included in the
29Centralized Registry, joint registration is occurring today, albeit
30under the carry license system.
31(9) Joint family firearm registration is expressly allowed for
32assault weapons and .50 BMG rifles.
33(10) Joint spousal firearm registration exists in Hawaii,
34Maryland, and New York.
35(11) Firearms initially constituting separate property may be
36jointly registered to a spouse via the transmutation process and via
37the operation of law procedures set forth in subdivision (g) of
38Section 16990 and paragraph (2) of subdivision (a) of Section
3927920 of the Penal Code, without being processed through a
40state-licensed firearms dealer. The clear intent of those provisions
P13 1is to allow joint spousal registration via that process but not to
2otherwise permit joint registration. The amendments made to
3Section 11106 of the Penal Code made by the act that added this
4section in so far as relevant are designed to effectuate that intent.
5(12) Also via the operation of law process, separate property of
6one spouse may be transmuted to another spouse as separate
8(13) Firearms brought into this state by new
9were acquired outside of this state by such persons when residents
10of that other state are being allowed to be jointly registered in
11effect to both spouses pursuant to the procedures set forth in of
12Section 27560 of the Penal Code, without being processed through
13a state-licensed firearms dealer. The amendments made to Section
1411106 of the Penal Code by the act that added this section in so
15far as relevant are designed to allow that to continue if it is
17(14) The Department of Justice, pursuant to Section 28000 of
18the Penal Code, allows a person to de-register a firearm if certain
19conditions are met, including, among other conditions, providing
20the department with official documentation that the firearm has,
21in fact, been disposed of. The amendments made to Section 11106
22of the Penal Code by the act that added this section in so far as
23relevant are designed to allow that to continue if it is occurring
25(15) The process of de-registering a firearm by filing a form
26pursuant to Section 28000 of the Penal Code detailing the disposal
27of a firearm because the firearm was transferred to another requires
28submission to the department of a formal department-generated
29document stating that the firearm was re-registered. If the
30disposition form is not submitted pursuant to Section 28000 of the
31Penal Code, then a firearm may in effect be technically listed as
32being registered to both parties involved in the transfer.
33(16) There are legitimate concerns that if joint firearm
34registration is explicitly allowed by virtue of the amendments made
35to Section 11106 of the Penal Code by the act that added this
36section, it may create a number of issues regarding third-party
37rights when the time comes to dispose of those jointly registered
38firearms. Those concerns exist now as to jointly registered .50
39BMG rifles and assault weapons.
P14 1(b) The Attorney General shall prepare and submit to the
2Legislature on or before January 1, 2018, a report concerning all
3of the following:
4(1) What process is occurring now as to the joint registration
5of firearms between spouses and registered domestic partners
6pursuant to the operation of law procedures by virtue of the
7amendments made to Section 11106 of the Penal Code by the act
8that added this section.
9(2) Any issues that have arisen as to joint family registration of
10.50 BMG rifles and assault weapons.
11(3) The barriers that exist, if any, to joint registration of firearms
12between spouses and registered domestic partners that are not
13obviated by the amendments made to Section 11106 of the Penal
14Code by the act that added this section.
15(4) The feasibility and costs of explicitly implementing a joint
16firearm registration system beyond the provisions of this act made
17by the amendments made to Section 11106 of the Penal Code by
18the act that added this section without disrupting the current Dealer
19Record of Sale system.
20(5) The overall costs of creating and maintaining, and the costs
21to the individuals of using, a joint firearm registration system
22beyond those changes made by the amendments made to Section
2311106 of the Penal Code by the act that added this section.
24(6) The effect of an explicit joint firearm registration system on
25overall efforts by the Department of Justice in terms of information
26and computerized upgrades that the department is currently
28(7) Recommendations for the disposition of jointly registered
29firearms that protect public safety, the registrants, and third parties.
30(8) Proposals for any specific statutory changes necessary to
31implement the recommendations identified pursuant to paragraph
32(7), if any.
33(c) The report required by subdivision (b) shall be submitted
34pursuant to Section 9795 of the Government Code.
35(d) It is the intent of the Legislature, if joint firearm registration
36does not occur pursuant to the amendments made to Section 11106
37of the Penal Code by the act that added this section, to enact
38legislation that will go into effect prior to January 1, 2019, to
39implement an explicit joint firearm registration system in a
P15 1user-friendly manner that protects public safety and does not
2complicate the disposition of firearms that are jointly registered.
It is the intent of the Legislature that the Department
4of Justice make available on its Internet Web site, in an editable
5public display format, the form referred to in Section 27882 of the
No reimbursement is required by this act pursuant to
8Section 6 of Article XIII B of the California Constitution because
9the only costs that may be incurred by a local agency or school
10district will be incurred because this act creates a new crime or
11infraction, eliminates a crime or infraction, or changes the penalty
12for a crime or infraction, within the meaning of Section 17556 of
13the Government Code, or changes the definition of a crime within
14the meaning of Section 6 of Article XIII B of the California