Amended in Senate May 31, 2016

Amended in Senate April 12, 2016

Senate BillNo. 1332


Introduced by Senator Mendoza

February 19, 2016


An act to amend Sectionsbegin delete 11106, 17060, and 27880 of,end deletebegin insert 11106 and 17060 of, andend insert to add Sections 27881 and 27882 to,begin delete and to add and repeal Section 11106.5 of,end delete the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

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 billbegin delete wouldend deletebegin insert would, commencing January 1, 2019,end insert 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 firearms registry.begin delete 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.end delete

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.begin delete 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.end delete Existing law makes a violation of this requirement a crime.

begin delete

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.

end delete

The bill wouldbegin delete alsoend delete createbegin delete additionalend delete exceptions to the dealer requirement for a loan of a firearm that occurs at thebegin delete lender’send deletebegin insert individual receiving the firearm and lender’s sharedend insert 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.

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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.

end delete
begin delete

This bill would provide that no reimbursement is required by this act for a specified reason.

end delete

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: begin deleteyes end deletebegin insertnoend insert.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) Under current state procedures, the initial acquisition process
4to acquire a firearm includes, among other requirements, a
5background check, a Firearm Safety Certificate,begin delete andend deletebegin insert and,end insert upon
6completion of the process, registration of that firearm to that person
7in the Centralized Registry as set forth in Section 11106 of the
8Penal Code.

9(2) The current background check and registration process
10allows only one person to initially acquire and be the registered
11owner of that firearm.

P3    1(3) The California Constitution provides that property owned
2before marriage or acquired during marriage by gift, will, or
3inheritance is separate property.

4(4) Community property rights are protected through the Due
5Process Clause and other clauses of the California Constitution.

6(5) On July 20, 2015, the California Supreme Court in the case
7In re Marriage of Davis (2015) 61 Cal.4th 846 confirmed that
8Section 760 of the Family Code specifically allows property
9acquired by the spouses during the marriage not to be treated as
10community property where otherwise provided by statute.

11(6) Allowing property acquired by spouses during the marriage
12not to be treated as community property where otherwise provided
13by statute was foreshadowed by the decision of the Court of
14Appeals in Crosby v. H.L.C. Properties LTD (2014) 223
15Cal.App.4th 597, 609, fn. 10.

16(7) Under current law, a person who is licensed to carry a
17handgun in public is licensed to carry a specific handgun, and in
18many jurisdictions licensing authorities license both spouses to
19carry the same handgun, but in other jurisdictions licenses to carry
20will not be issued unless the handgun is first registered to the
21applicant.

22(8) Because carry license information is reported to the
23Department of Justice and is required to be included in the
24Centralized Registry, joint registration is occurring today, albeit
25under the carry license system.

26(9) Joint family firearm registration is expressly allowed for
27assault weapons and .50 BMG rifles.

28(10) Joint spousal firearm registration exists in Hawaii,
29Maryland, and New York.

30(11) Firearms initially constituting separate property may be
31jointly registered to a spouse via the transmutation process and via
32the operation of law procedures set forth in subdivision (g) of
33Section 16990 and paragraph (2) of subdivision (a) of Section
3427920 of the Penal Code, without being processed through a
35state-licensed firearms dealer. The clear intent of those provisions
36is to allow joint spousal registration via that process but not to
37otherwise permit joint registration. The amendments to Section
3811106 of the Penal Code made by the act that added thisbegin delete sectionend delete
39begin insert section,end insert insofar asbegin delete relevantend deletebegin insert relevant,end insert are designed to effectuate that
40intent.

P4    1(12) Also via the operation of law process, separate property of
2one spouse may be transmuted to another spouse as separate
3property.

4(13) Firearms brought into this state by new residents which
5were acquired outside of this state by such persons when residents
6of that other state are being allowed to be jointly registered in
7effect to both spouses pursuant to the procedures set forth in
8Section 27560 of the Penal Code, without being processed through
9a state-licensed firearms dealer. The amendments made to Section
1011106 of the Penal Code by the act that added thisbegin delete sectionend deletebegin insert section,end insert
11 insofar asbegin delete relevantend deletebegin insert relevant,end insert are designed to allow that to continue
12if it is occurring now.

13(14) The Department of Justice, pursuant to Section 28000 of
14the Penal Code, allows a person tobegin delete de-registerend deletebegin insert deregisterend insert a firearm
15if certain conditions are met, including, among other conditions,
16providing the department with official documentation that the
17firearm has, in fact, been disposed of. The amendments made to
18Section 11106 of the Penal Code by the act that added thisbegin delete sectionend delete
19begin insert section,end insert insofar asbegin delete relevantend deletebegin insert relevant,end insert are designed to allow that to
20continue if it is occurring now.

21(15) The process ofbegin delete de-registeringend deletebegin insert deregisteringend insert a firearm by
22filing a form pursuant to Section 28000 of the Penal Code detailing
23the disposal of a firearm because the firearm was transferred to
24another requires submission to the department of a formal
25department-generated document stating that the firearm was
26begin delete re-registered.end deletebegin insert reregistered.end insert If the disposition form is not submitted
27pursuant to Section 28000 of the Penal Code, then a firearm may
28in effect be technically listed as being registered to both parties
29involved in the transfer.

30(16) There are legitimate concerns that if joint firearm
31registration is explicitly allowed by virtue of the amendments made
32to Section 11106 of the Penal Code by the act that added this
33section, it may create a number of issues regarding third-party
34rights when the time comes to dispose of those jointly registered
35firearms. Those concerns exist now as to jointly registered .50
36BMG rifles and assault weapons.

37(b) It is the intent of the Legislature, if joint firearm registration
38does not occur pursuant to the amendments made to Section 11106
39of the Penal Code by the act that added this section, to enact
40legislation that will go into effect prior to January 1, 2019, to
P5    1implement an explicit joint firearm registration system in a
2user-friendly manner that protects public safety and does not
3complicate the disposition of firearms that are jointly registered.

4(c) It is also the intent of the Legislature that the Department of
5Justice make available on its Internet Web site, in an editable public
6display format, the form referred to in Section 27882 of the Penal
7Code.

8

SEC. 2.  

Section 11106 of the Penal Code is amended to read:

9

11106.  

(a) (1) In order to assist in the investigation of crime,
10the prosecution of civil actions by city attorneys pursuant to
11paragraph (3) of subdivision (b), the arrest and prosecution of
12criminals, and the recovery of lost, stolen, or found property, the
13Attorney General shall keep and properly file a complete record
14of all of the following:

15(A) All copies of fingerprints.

16(B) Copies of licenses to carry firearms issued pursuant to
17Section 26150, 26155, 26170, or 26215.

18(C) Information reported to the Department of Justice pursuant
19to Section 26225, 27875, 27920, 27966, or 29830.

20(D) Dealers’ records of sales of firearms.

21(E) Reports provided pursuant to Article 1 (commencing with
22Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
23pursuant to any provision listed in subdivision (a) of Section 16585.

24(F) Forms provided pursuant to Section 12084, as that section
25read prior to being repealed on January 1, 2006.

26(G) Reports provided pursuant to Article 1 (commencing with
27Section 26700) and Article 2 (commencing with Section 26800)
28of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’
29records of sales of firearms.

30(H) Information provided pursuant to Section 28255.

31(I) Reports of stolen, lost, found, pledged, or pawned property
32in any city or county of this state.

33(2) The Attorney General shall, upon proper application therefor,
34furnish the information to the officers referred to in Section 11105.

35(b) (1) The Attorney General shall permanently keep and
36properly file and maintain all information reported to the
37Department of Justice pursuant to the following provisions as to
38firearms and maintain a registry thereof:

P6    1(A) Article 1 (commencing with Section 26700) and Article 2
2(commencing with Section 26800) of Chapter 2 of Division 6 of
3Title 4 of Part 6.

4(B) Article 1 (commencing with Section 27500) of Chapter 4
5of Division 6 of Title 4 of Part 6.

6(C) Chapter 5 (commencing with Section 28050) of Division 6
7of Title 4 of Part 6.

8(D) Any provision listed in subdivision (a) of Section 16585.

9(E) Former Section 12084.

10(F) Section 28255.

11(G) Any other law.

12(2) The registry shall consist of all of the following:

13(A) The name, address, identification of, place of birth (state
14or country), complete telephone number, occupation, sex,
15description, and all legal names and aliases ever used by the owner
16or person being loaned the particular firearm as listed on the
17information provided to the department on the Dealers’ Record of
18Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
19in former Section 12084, or reports made to the department
20pursuant to any provision listed in subdivision (a) of Section 16585,
21Section 28255, or any other law.

22(B) The name and address of, and other information about, any
23person (whether a dealer or a private party) from whom the owner
24acquired or the person being loaned the particular firearm and
25when the firearm was acquired or loaned as listed on the
26information provided to the department on the Dealers’ Record of
27Sale, the LEFT, or reports made to the department pursuant to any
28provision listed in subdivision (a) of Section 16585 or any other
29law.

30(C) Any waiting period exemption applicable to the transaction
31which resulted in the owner of or the person being loaned the
32particular firearm acquiring or being loaned that firearm.

33(D) The manufacturer’s name if stamped on the firearm, model
34name or number if stamped on the firearm, and, if applicable, the
35serial number, other number (if more than one serial number is
36stamped on the firearm), caliber, type of firearm, if the firearm is
37new or used, barrel length, and color of the firearm, or, if the
38firearm is not a handgun and does not have a serial number or any
39identification number or mark assigned to it, that shall be noted.

P7    1(E) begin deleteThe end deletebegin insertCommencing January 1, 2019, the end insertname of the person
2and his or her spouse or domestic partner if the firearm is registered
3to both individuals. The department shall modify its registration
4forms to the extent necessary, if it has not already done so, so that
5both spouses or both domestic partners may register as the owners
6of the firearm. This subparagraph shall not require the department
7to change the Dealer’s Record of Sale form.

8(3) Information in the registry referred to in this subdivision
9shall, upon proper application therefor, be furnished to the officers
10referred to in Section 11105, to a city attorney prosecuting a civil
11action, solely for use in prosecuting that civil action and not for
12any other purpose, or to the person listed in the registry as the
13owner or person who is listed as being loaned the particular firearm.

14(4) If any person is listed in the registry as the owner of a firearm
15through a Dealers’ Record of Sale prior to 1979, and the person
16listed in the registry requests by letter that the Attorney General
17store and keep the record electronically, as well as in the record’s
18existing photographic, photostatic, or nonerasable optically stored
19 form, the Attorney General shall do so within three working days
20of receipt of the request. The Attorney General shall, in writing,
21and as soon as practicable, notify the person requesting electronic
22storage of the record that the request has been honored as required
23by this paragraph.

24(c) (1) If the conditions specified in paragraph (2) are met, any
25officer referred to in paragraphs (1) to (6), inclusive, of subdivision
26(b) of Section 11105 may disseminate the name of the subject of
27the record, the number of the firearms listed in the record, and the
28description of any firearm, including the make, model, and caliber,
29from the record relating to any firearm’s sale, transfer, registration,
30or license record, or any information reported to the Department
31of Justice pursuant to any of the following:

32(A) Section 26225, 27875, or 27920.

33(B) Article 1 (commencing with Section 26700) and Article 2
34(commencing with Section 26800) of Chapter 2 of Division 6 of
35Title 4 of Part 6.

36(C) Article 1 (commencing with Section 27500) of Chapter 4
37of Division 6 of Title 4 of Part 6.

38(D) Chapter 5 (commencing with Section 28050) of Division
396 of Title 4 of Part 6.

P8    1(E) Article 2 (commencing with Section 28150) of Chapter 6
2of Division 6 of Title 4 of Part 6.

3(F) Article 5 (commencing with Section 30900) of Chapter 2
4of Division 10 of Title 4 of Part 6.

5(G) Chapter 2 (commencing with Section 33850) of Division
611 of Title 4 of Part 6.

7(H) Any provision listed in subdivision (a) of Section 16585.

8(2) Information may be disseminated pursuant to paragraph (1)
9only if all of the following conditions are satisfied:

10(A) The subject of the record has been arraigned for a crime in
11which the victim is a person described in Section 6211 of the
12Family Code and is being prosecuted or is serving a sentence for
13the crime, or the subject of the record is the subject of an
14emergency protective order, a temporary restraining order, or an
15order after hearing, which is in effect and has been issued by a
16family court under the Domestic Violence Protection Act set forth
17in Division 10 (commencing with Section 6200) of the Family
18Code.

19(B) The information is disseminated only to the victim of the
20crime or to the person who has obtained the emergency protective
21order, the temporary restraining order, or the order after hearing
22issued by the family court.

23(C) Whenever a law enforcement officer disseminates the
24information authorized by this subdivision, that officer or another
25officer assigned to the case shall immediately provide the victim
26of the crime with a “Victims of Domestic Violence” card, as
27specified in subparagraph (H) of paragraph (9) of subdivision (c)
28of Section 13701.

29(3) The victim or person to whom information is disseminated
30pursuant to this subdivision may disclose it as he or she deems
31necessary to protect himself or herself or another person from
32bodily harm by the person who is the subject of the record.

begin delete
33

SEC. 3.  

Section 11106.5 is added to the Penal Code, to read:

34

11106.5.  

(a) The Attorney General shall prepare and submit
35to the Legislature on or before January 1, 2018, a report concerning
36all of the following:

37(1) What process is occurring now as to the joint registration
38of firearms between spouses and registered domestic partners
39pursuant to the operation of law procedures by virtue of the
P9    1amendments made to Section 11106 of the Penal Code by the act
2that added this section.

3(2) Any issues that have arisen as to joint family registration of
4.50 BMG rifles and assault weapons.

5(3) The barriers that exist, if any, to joint registration of firearms
6between spouses and registered domestic partners that are not
7obviated by the amendments made to Section 11106 of the Penal
8Code by the act that added this section.

9(4) The feasibility and costs of explicitly implementing a joint
10firearm registration system beyond the provisions of this act made
11by the amendments made to Section 11106 of the Penal Code by
12the act that added this section without disrupting the current Dealer
13Record of Sale system.

14(5) The overall costs of creating and maintaining, and the costs
15to the individuals of using, a joint firearm registration system
16beyond those changes made by the amendments made to Section
1711106 of the Penal Code by the act that added this section.

18(6) The effect of an explicit joint firearm registration system on
19overall efforts by the Department of Justice in terms of information
20and computerized upgrades that the department is currently
21undertaking.

22(7) Recommendations for the disposition of jointly registered
23firearms that protect public safety, the registrants, and third parties.

24(8) Proposals for any specific statutory changes necessary to
25implement the recommendations identified pursuant to paragraph
26(7), if any.

27(b) The report required by subdivision (a) shall be submitted
28pursuant to Section 9795 of the Government Code.

29(c) This section shall remain in effect only until January 1, 2018,
30and as of that date is repealed, unless a later enacted statute, that
31is enacted before January 1, 2018, deletes or extends that date.

end delete
32

begin deleteSEC. 4.end delete
33
begin insertSEC. 3.end insert  

Section 17060 of the Penal Code is amended to read:

34

17060.  

(a) As used in Section 25135, “residence” means any
35structure intended or used for human habitation, including, but not
36limited to, houses, condominiums, rooms, motels, hotels,
37time-shares, and recreational or other vehicles where human
38habitation occurs.

begin insert

39
(b) As used in Section 27881, “resides within the same
40residence” means that the individuals reside within the same
P10   1structure intended or used for human habitation, including, but
2not limited to, houses, condominiums, and rooms, where human
3habitation occurs, but does not mean individuals who reside within
4discrete units of an apartment building, apartment complex, duplex,
5or other similar complex.

end insert
begin delete

6(b)

end delete

7begin insert(c)end insert As used in Section 27882, “residence” means any structure
8intended or used for human habitation, including, but not limited
9to, houses, condominiums, rooms, motels, hotels, and time-shares,
10but does not include a recreational or other vehicle where human
11habitation occurs.

begin delete
12

SEC. 5.  

Section 27880 of the Penal Code is amended to read:

13

27880.  

Section 27545 does not apply to the loan of a firearm
14between persons who are personally known to each other, if all of
15the following requirements are satisfied:

16(a) The loan is infrequent, as defined in Section 16730.

17(b) The loan is for any lawful purpose.

18(c) The loan does not exceed 10 days in duration.

19(d) Until January 1, 2015, if the firearm is a handgun, the
20individual being loaned the firearm shall have a valid handgun
21safety certificate. Commencing January 1, 2015, for any firearm,
22the individual being loaned the firearm shall have a valid firearm
23safety certificate, except that in the case of a handgun, an unexpired
24handgun safety certificate may be used.

end delete
25

begin deleteSEC. 6.end delete
26
begin insertSEC. 4.end insert  

Section 27881 is added to the Penal Code, to read:

27

27881.  

Section 27545 does not apply to the loan of a firearm
28provided all of the following are met:

29(a) The firearm being loaned is registered to the person making
30the loan pursuant to Section 11106.

31(b) The loan occurs within thebegin delete lender’send deletebegin insert individual receiving the
32firearm and lender’s sharedend insert
place of residence or private property,
33which is not zoned for commercial, retail, or industrial activity.

34(c) The firearm at all times stays within thebegin delete lender’send deletebegin insert individual
35receiving the firearm and lender’s sharedend insert
place of residence or
36private property, which is not zoned for commercial, retail, or
37industrial activity.

38(d) The individual receiving the firearm is not prohibited by
39state or federal law from possessing, receiving, owning, or
40purchasing a firearm.

P11   1(e) The individual receiving the firearm is 18 years of age or
2older.

3(f) The individual receiving the firearm has a valid firearm safety
4certificate, except that if the firearm being loaned is a handgun,
5the individual may instead have an unexpired handgun safety
6certificate.

begin insert

7
(g) The person being loaned the firearm resides within the same
8residence as the lender.

end insert
9

begin deleteSEC. 7.end delete
10
begin insertSEC. 5.end insert  

Section 27882 is added to the Penal Code, to read:

11

27882.  

Section 27545 does not apply to the loan of a firearm
12provided all of the following are met:

13(a) The firearm being loaned is registered to the person making
14the loan pursuant to Section 11106.

15(b) The firearm being loaned is stored in the receiver’s place of
16residence or in an enclosed structure on the receiver’s private
17property, which is not zoned for commercial, retail, or industrial
18activity.

19(c) The firearm at all times stays within 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
22activity.

23(d) The individual receiving the firearm is not prohibited by
24state or federal law from possessing, receiving, owning, or
25purchasing a firearm.

26(e) The individual receiving the firearm is 18 years of age or
27older.

28(f) The individual receiving the firearm has a valid firearm safety
29certificate, except that if the firearm being loaned is a handgun,
30the individual may instead have an unexpired handgun safety
31certificate.

32(g) One of the following applies:

33(1) The firearm is maintained within a locked container.

34(2) The firearm is disabled by a firearm safety device.

35(3) The firearm is maintained within a locked gun safe.

36(4) The firearm is locked with a locking device, as defined in
37Section 16860, which has rendered the firearm inoperable.

38(h) The loan does not exceed 30 days in duration.

39(i) The loan is made without consideration.

P12   1(j) There is writing in a format prescribed by the Department
2of Justice that explains the obligations imposed by this section that
3is signed by both the party loaning the firearm for storage and the
4person receiving the firearm.

5(k) Both parties to the loan have signed copies of the writing
6required by subdivision (j).

begin delete
7

SEC. 8.  

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
15Constitution.

end delete


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