Amended in Assembly August 1, 2016

Amended in Senate May 31, 2016

Amended in Senate April 12, 2016

Senate Bill No. 1332

Introduced by Senator Mendoza

February 19, 2016

An act to amend Sections begin delete 11106 and 17060 end delete begin insert 11106, 17060, 26600, 27050, 27600, and 31705 end insert of, and to add Sections 27881 and 27882 to, 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 bill would, commencing January 1, 2019, 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.

Existing law also requires the Attorney General to maintain information regarding firearms from certain other reports pertaining to firearms begin delete transactions. end delete begin insert transactions and authorizes specified officers, including peace officers, to disseminate information from specified reports if certain conditions are satisfied, including if the subject of the record has been arraigned for a crime. end insert

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 begin delete dealer. end delete begin insert dealer and would authorize information in those forms to be disseminated pursuant to the above provisions. end insert

Existing law requires the loan of a firearm to be conducted through a licensed firearms dealer. Existing law makes a violation of this requirement a crime.

The bill would create exceptions to the dealer requirement for a loan of a firearm that occurs at the individual receiving the firearm and lender’s shared 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.

begin insert

This bill would incorporate changes to Section 11106 of the Penal Code proposed by both this bill and AB 857, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.

end insert

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

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

SECTION 1.  

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

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

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

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

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

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

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

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

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

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

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

(11) Firearms initially constituting separate property may be
jointly registered to a spouse via the transmutation process and via
the operation of law procedures set forth in subdivision (g) of
Section 16990 and paragraph (2) of subdivision (a) of Section
27920 of the Penal Code, without being processed through a
state-licensed firearms dealer. The clear intent of those provisions
is to allow joint spousal registration via that process but not to
otherwise permit joint registration. The amendments to Section
11106 of the Penal Code made by the act that added this section,
insofar as relevant, are designed to effectuate that intent.

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

(13) Firearms brought into this state by new residents which
were acquired outside of this state by such persons when residents
of that other state are being allowed to be jointly registered in
effect to both spouses pursuant to the procedures set forth in
Section 27560 of the Penal Code, without being processed through
a state-licensed firearms dealer. The amendments made to Section
11106 of the Penal Code by the act that added this section, insofar
as relevant, are designed to allow that to continue if it is occurring
now.

(14) The Department of Justice, pursuant to Section 28000 of
the Penal Code, allows a person to deregister a firearm if certain
conditions are met, including, among other conditions, providing
the department with official documentation that the firearm has,
in fact, been disposed of. The amendments made to Section 11106
of the Penal Code by the act that added this section, insofar as
relevant, are designed to allow that to continue if it is occurring
now.

(15) The process of deregistering a firearm by filing a form
pursuant to Section 28000 of the Penal Code detailing the disposal
of a firearm because the firearm was transferred to another requires
submission to the department of a formal department-generated
document stating that the firearm was reregistered. If the
disposition form is not submitted pursuant to Section 28000 of the
Penal Code, then a firearm may in effect be technically listed as
being registered to both parties involved in the transfer.

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

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

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

SEC. 2.  

Section 11106 of the Penal Code is amended to read:

11106.  

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

(A) All copies of fingerprints.

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

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

(D) Dealers’ records of sales of firearms.

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

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

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

(H) Information provided pursuant to Section 28255.

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

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

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

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

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

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

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

(E) Former Section 12084.

(F) Section 28255.

(G) Any other law.

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

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

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

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

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

(E) Commencing January 1, 2019, the name of the person and
his or her spouse or domestic partner if the firearm is registered
to both begin delete individuals. end delete begin insert persons. end insert The department shall modify its
registration forms to the extent necessary, if it has not already done
so, so that both spouses or both domestic partners may register as
the owners of the firearm. This subparagraph shall not require the
department to change the Dealer’s Record of Sale form.

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

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

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

(A) Section 26225, 27875, begin delete or 27920. end delete begin insert 27920, or 27966. end insert

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

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

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

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

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

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

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

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

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

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

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

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

begin insert

begin insert SEC. 2.5. end insert   

end insert

begin insert Section 11106 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

11106.  

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

(A) All copies of fingerprints.

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

(C) Information reported to the Department of Justice pursuant
to Section 26225, 27875, 27920, begin insert 27966, 29180, end insert or 29830.

(D) Dealers’ records of sales of firearms.

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

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

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

(H) Information provided pursuant to Section 28255.

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

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

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

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

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

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

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

(E) Former Section 12084.

(F) Section 28255.

begin insert

(G) Section 29180.

end insert begin delete

(G)

end delete

begin insert (H) end insert  Any other law.

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

(A) The name, address, identification of, place of birth (state
or country), complete telephone number, occupation, sex,
description, and all legal names and aliases ever used by the owner
or person being loaned the particular firearm as listed on the
information provided to the department on the Dealers’ Record of
Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
in former Section 12084, or reports made to the department
pursuant to any provision listed in subdivision (a) of Section 16585,
Section begin delete 28255, end delete begin insert 28255 or 29180, end insert or any other law.

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

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

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

begin insert

(E) Commencing January 1, 2019, the name of the person and
his or her spouse or domestic partner if the firearm is registered
to both persons. The department shall modify its registration forms
to the extent necessary, if it has not already done so, so that both
spouses or both domestic partners may register as the owners of
the firearm. This subparagraph shall not require the department
to change the Dealer’s Record of Sale form.

end insert

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

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

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

(A) Section 26225, 27875, begin delete or 27920. end delete begin insert 27920, or 27966. end insert

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

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

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

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

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

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

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

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

(A) The subject of the record has been arraigned for a crime in
which the victim is a person described in begin delete subdivisions (a) to (f),
inclusive, of end delete Section 6211 of the Family Code and is being
prosecuted or is serving a sentence for the crime, or the subject of
the record is the subject of an emergency protective order, a
temporary restraining order, or an order after hearing, which is in
effect and has been issued by a family court under the Domestic
Violence Protection Act set forth in Division 10 (commencing
with Section 6200) of the Family Code.

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

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

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

SEC. 3.  

Section 17060 of the Penal Code is amended to read:

17060.  

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

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

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

begin insert

begin insert SEC. 4. end insert   

end insert

begin insert Section 26600 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

26600.  

(a) Section 26500 does not apply to any sale, delivery,
begin delete or transfer end delete begin insert transfer, or loan end insert of firearms made to an authorized law
enforcement representative of any city, county, city and county,
or state, or of the federal government, for exclusive use by that
governmental agency if, prior to the sale, delivery, begin delete or transfer end delete
begin insert transfer, or loan end insert of these firearms, written authorization from the
head of the agency authorizing the transaction is presented to the
person from whom the purchase, delivery, begin delete or transfer end delete begin insert transfer, or
loan end insert is being made.

(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the purchaser
or transferee is employed, identifying the employee as an individual
authorized to conduct the transaction, and authorizing the
transaction for the exclusive use of the agency by which that person
is employed.

(c) Within 10 days of the date a begin delete handgun, and commencing
January 1, 2014, any firearm, is acquired by the agency, end delete begin insert firearm
is acquired or received by the agency pursuant to this section, end insert a
record of the same shall be entered as an institutional weapon into
the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to AFS
shall arrange with the sheriff of the county in which the agency is
located to input this information via this system.

begin insert

begin insert SEC. 5. end insert   

end insert

begin insert Section 27050 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

27050.  

(a) Article 1 (commencing with Section 26700) and
Article 2 (commencing with Section 26800) do not apply to any
sale, delivery, begin delete or transfer end delete begin insert transfer, or loan end insert of firearms made to an
authorized law enforcement representative of any city, county,
city and county, or state, or of the federal government, for exclusive
use by that governmental agency if, prior to the sale, delivery, begin delete or
transfer end delete begin insert transfer, or loan end insert of these firearms, written authorization
from the head of the agency authorizing the transaction is presented
to the person from whom the purchase, delivery, begin delete or transfer end delete
begin insert transfer, or loan end insert is being made.

(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the begin delete purchaser end delete
begin insert purchaser, recipient, end insert or transferee is employed, identifying the
employee as an individual authorized to conduct the transaction,
and authorizing the transaction for the exclusive use of the agency
by which that person is employed.

(c) Within 10 days of the date a begin delete handgun, and commencing
January 1, 2014, any firearm, is acquired by the agency, end delete begin insert firearm
is acquired or received by the agency pursuant to this section, end insert a
record of the same shall be entered as an institutional weapon into
the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to AFS
shall arrange with the sheriff of the county in which the agency is
located to input this information via this system.

begin insert

begin insert SEC. 6. end insert   

end insert

begin insert Section 27600 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

27600.  

(a) Article 1 (commencing with Section 27500) does
not apply to any sale, delivery, begin delete or transfer end delete begin insert transfer, or loan end insert of
firearms made to, or the importation of firearms by, an authorized
law enforcement representative of any city, county, city and county,
or state, or of the federal government, for exclusive use by that
governmental agency if, prior to the sale, delivery, transfer, begin insert loan, end insert
or importation of these firearms, written authorization from the
head of the agency authorizing the transaction is presented to the
person from whom the purchase, delivery, begin delete or transfer end delete begin insert transfer, or
loan end insert is being made or from whom the firearm is being imported.

(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the begin delete purchaser end delete
begin insert purchaser, recipient, end insert or transferee is employed, identifying the
employee as an individual authorized to conduct the transaction,
and authorizing the transaction for the exclusive use of the agency
by which that person is employed.

(c) Within 10 days of the date a firearm is begin delete acquired by the
agency, end delete begin insert acquired or received by the agency pursuant to this section, end insert
a record of the same shall be entered as an institutional weapon
into the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to the
AFS shall arrange with the sheriff of the county in which the
agency is located to input this information via this system.

(d) Any agency that is the registered owner of an institutional
weapon in accordance with subdivision (c) that subsequently
destroys that weapon shall enter information that the weapon has
been destroyed into the Automated Firearms System (AFS) via
the California Law Enforcement Telecommunications System
(CLETS) within 10 days of the destruction in accordance with
procedures prescribed by the Department of Justice. Any agency
without access to the AFS shall arrange with the sheriff of the
county in which the agency is located to input this information via
this system.

begin delete SEC. 4. end delete

begin insert SEC. 7. end insert   

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

27881.  

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

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

(b) The loan occurs within the individual receiving the firearm
and lender’s shared place of residence or private property, which
is not zoned for commercial, retail, or industrial activity.

(c) The firearm at all times stays within the individual receiving
the firearm and lender’s shared place of residence or private
property, which is not zoned for commercial, retail, or industrial
activity.

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

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

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

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

begin delete SEC. 5. end delete

begin insert SEC. 8. end insert   

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

27882.  

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

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

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

(c) The firearm at all times stays within the receiver’s place of
residence or in an enclosed structure on the receiver’s private
property, which is not zoned for commercial, retail, or industrial
activity.

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

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

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

(g) One of the following applies:

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

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

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

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

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

(i) The loan is made without consideration.

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

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

begin insert

begin insert SEC. 9. end insert   

end insert

begin insert Section 31705 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

31705.  

(a) Subdivision (a) of Section 31615 does not apply
to any sale, delivery, begin delete or transfer end delete begin insert transfer, or loan end insert of firearms made
to an authorized law enforcement representative of any city, county,
city and county, or state, or of the federal government, for exclusive
use by that governmental agency if, prior to the sale, delivery, begin delete or
transfer end delete begin insert transfer, or loan end insert of these firearms, written authorization
from the head of the agency authorizing the transaction is presented
to the person from whom the purchase, delivery, begin delete or transfer end delete
begin insert transfer, or loan end insert is being made.

(b) Proper written authorization is defined as verifiable written
certification from the head of the agency by which the begin delete purchaser end delete
begin insert purchaser, recipient, end insert or transferee is employed, identifying the
employee as an individual authorized to conduct the transaction,
and authorizing the transaction for the exclusive use of the agency
by which that person is employed.

(c) Within 10 days of the date a begin delete handgun, and commencing
January 1, 2014, any firearm, is acquired by the agency, end delete begin insert firearm
is acquired or received by the agency pursuant to this section, end insert a
record of the same shall be entered as an institutional weapon into
the Automated Firearms System (AFS) via the California Law
Enforcement Telecommunications System (CLETS) by the law
enforcement or state agency. Any agency without access to AFS
shall arrange with the sheriff of the county in which the agency is
located to input this information via this system.

begin insert

begin insert SEC. 10. end insert   

end insert

begin insert The Legislature finds and declares that the
amendments made to Sections 26600, 27050, 27600, and 31705
of the Penal Code by this act are declaratory of existing law. end insert

begin insert

begin insert SEC. 11. end insert   

end insert begin insert

Section 2.5 of this bill incorporates amendments to
Section 11106 of the Penal Code proposed by both this bill and
Assembly Bill 857. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2017,
(2) each bill amends Section 11106 of the Penal Code, and (3) this
bill is enacted after Assembly Bill 857, in which case Section 2 of
this bill shall not become operative.

end insert