Amended in Assembly August 19, 2016

Amended in Assembly August 15, 2016

Amended in Assembly August 1, 2016

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 Sections 11106, 17060, 26600, 27050, 27600, 28300, and 31705 of, and to addbegin delete Sections 27881 andend deletebegin insert Sectionend insert 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 thebegin delete Dealer’send deletebegin insert Dealersend insertbegin insertend insert Record of Sale or other specified reports.

Existing law establishes the Firearms Safety and Enforcement Special Fund and makes the revenue deposited into that fund available for expenditure by the department upon appropriation by the Legislature for purposes relating to the regulation of firearms.

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. The bill would additionally make the revenue in the Firearms Safety and Enforcement Special Fund available for the purpose of implementing this registration process.

Existing law also requires the Attorney General to maintain information regarding firearms from certain other reports pertaining to firearms 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.

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 and would authorize information in those forms to be disseminated pursuant to the above provisions.

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 firearmbegin delete that occurs at the individual receiving the firearm and lender’s shared residence or private property and for a loanend delete 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.

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.

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

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, and, upon
6completion of the process, registration of that firearm to that person
P3    1in thebegin delete Centralized Registryend deletebegin insert centralized registryend insert as set forth in
2Section 11106 of the Penal Code.

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
7before 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
26applicant.

27(8) Because carry license information is reported to the
28Department of Justice and is required to be included in the
29begin delete Centralized Registry,end deletebegin insert centralized registry,end insert joint registration is
30occurring today, albeit under 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
P4    1is to allow joint spousal registration via that process but not to
2otherwise permit joint registration. The amendments to Section
311106 of the Penal Code made by the act that added this section,
4insofar 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
7property.

8(13) Firearms brought into this state by new residents which
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
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, insofar
15as relevant, are designed to allow that to continue if it is occurring
16now.

17(14) The Department of Justice, pursuant to Section 28000 of
18the Penal Code, allows a person to deregister 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, insofar as
23relevant, are designed to allow that to continue if it is occurring
24now.

25(15) The process of deregistering 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 reregistered. 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.

P5    1(b) It is the intent of the Legislature, if joint firearm registration
2does not occur pursuant to the amendments made to Section 11106
3of the Penal Code by the act that added this section, to enact
4legislation that will go into effect prior to January 1, 2019, to
5implement an explicit joint firearm registration system in a
6user-friendly manner that protects public safety and does not
7complicate the disposition of firearms that are jointly registered.

8(c) It is also the intent of the Legislature that the Department of
9Justice make available on its Internet Web site, in an editable public
10display format, the form referred to in Section 27882 of the Penal
11Code.

12

SEC. 2.  

Section 11106 of the Penal Code is amended to read:

13

11106.  

(a) (1) In order to assist in the investigation of crime,
14the prosecution of civil actions by city attorneys pursuant to
15paragraph (3) of subdivision (b), the arrest and prosecution of
16criminals, and the recovery of lost, stolen, or found property, the
17Attorney General shall keep and properly file a complete record
18of all of the following:

19(A) All copies of fingerprints.

20(B) Copies of licenses to carry firearms issued pursuant to
21Section 26150, 26155, 26170, or 26215.

22(C) Information reported to the Department of Justice pursuant
23to Section 26225, 27875, 27920, 27966, or 29830.

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

25(E) Reports provided pursuant to Article 1 (commencing with
26Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
27pursuant to any provision listed in subdivision (a) of Section 16585.

28(F) Forms provided pursuant to Section 12084, as that section
29read prior to being repealed on January 1, 2006.

30(G) Reports provided pursuant to Article 1 (commencing with
31Section 26700) and Article 2 (commencing with Section 26800)
32of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’
33records of sales of firearms.

34(H) Information provided pursuant to Section 28255.

35(I) Reports of stolen, lost, found, pledged, or pawned property
36in any city or county of this state.

37(2) The Attorney General shall, upon proper application therefor,
38furnish the information to the officers referred to in Section 11105.

39(b) (1) The Attorney General shall permanently keep and
40properly file and maintain all information reported to the
P6    1Department of Justice pursuant to the following provisions as to
2firearms and maintain a registry thereof:

3(A) Article 1 (commencing with Section 26700) and Article 2
4(commencing with Section 26800) of Chapter 2 of Division 6 of
5Title 4 of Part 6.

6(B) Article 1 (commencing with Section 27500) of Chapter 4
7of Division 6 of Title 4 of Part 6.

8(C) Chapter 5 (commencing with Section 28050) of Division 6
9of Title 4 of Part 6.

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

11(E) Former Section 12084.

12(F) Section 28255.

13(G) Any other law.

14(2) The registry shall consist of all of the following:

15(A) The name, address, identification of, place of birth (state
16or country), complete telephone number, occupation, sex,
17description, and all legal names and aliases ever used by the owner
18or person being loaned the particular firearm as listed on the
19information provided to the department on the Dealers’ Record of
20Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
21in former Section 12084, or reports made to the department
22pursuant to any provision listed in subdivision (a) of Section 16585,
23Section 28255, or any other law.

24(B) The name and address of, and other information about, any
25person (whether a dealer or a private party) from whom the owner
26acquired or the person being loaned the particular firearm and
27when the firearm was acquired or loaned as listed on the
28information provided to the department on the Dealers’ Record of
29Sale, the LEFT, or reports made to the department pursuant to any
30provision listed in subdivision (a) of Section 16585 or any other
31law.

32(C) Any waiting period exemption applicable to the transaction
33which resulted in the owner of or the person being loaned the
34particular firearm acquiring or being loaned that firearm.

35(D) The manufacturer’s name if stamped on the firearm, model
36name or number if stamped on the firearm, and, if applicable, the
37serial number, other number (if more than one serial number is
38stamped on the firearm), caliber, type of firearm, if the firearm is
39new or used, barrel length, and color of the firearm, or, if the
P7    1firearm is not a handgun and does not have a serial number or any
2identification number or mark assigned to it, that shall be noted.

3(E) Commencing January 1, 2019, the name of the person and
4his or her spouse or domestic partner if the firearm is registered
5to both persons. The department shall modify its registration forms
6to the extent necessary, if it has not already done so, so that both
7spouses or both domestic partners may register as the owners of
8the firearm. This subparagraph shall not require the department to
9change thebegin delete Dealer’send deletebegin insert Dealersend insertbegin insertend insert Record of Sale form.

10(3) Information in the registry referred to in this subdivision
11shall, upon proper application therefor, be furnished to the officers
12referred to in Section 11105, to a city attorney prosecuting a civil
13action, solely for use in prosecuting that civil action and not for
14any other purpose, or to the person listed in the registry as the
15owner or person who is listed as being loaned the particular firearm.

16(4) If any person is listed in the registry as the owner of a firearm
17through a Dealers’ Record of Sale prior to 1979, and the person
18listed in the registry requests by letter that the Attorney General
19store and keep the record electronically, as well as in the record’s
20existing photographic, photostatic, or nonerasable optically stored
21 form, the Attorney General shall do so within three working days
22of receipt of the request. The Attorney General shall, in writing,
23and as soon as practicable, notify the person requesting electronic
24storage of the record that the request has been honored as required
25by this paragraph.

26(c) (1) If the conditions specified in paragraph (2) are met, any
27officer referred to in paragraphs (1) to (6), inclusive, of subdivision
28(b) of Section 11105 may disseminate the name of the subject of
29the record, the number of the firearms listed in the record, and the
30description of any firearm, including the make, model, and caliber,
31from the record relating to any firearm’s sale, transfer, registration,
32or license record, or any information reported to the Department
33of Justice pursuant to any of the following:

34(A) Section 26225, 27875, 27920, or 27966.

35(B) Article 1 (commencing with Section 26700) and Article 2
36(commencing with Section 26800) of Chapter 2 of Division 6 of
37Title 4 of Part 6.

38(C) Article 1 (commencing with Section 27500) of Chapter 4
39of Division 6 of Title 4 of Part 6.

P8    1(D) Chapter 5 (commencing with Section 28050) of Division
26 of Title 4 of Part 6.

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

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

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

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

10(2) Information may be disseminated pursuant to paragraph (1)
11only if all of the following conditions are satisfied:

12(A) The subject of the record has been arraigned for a crime in
13which the victim is a person described in Section 6211 of the
14Family Code and is being prosecuted or is serving a sentence for
15the crime, or the subject of the record is the subject of an
16emergency protective order, a temporary restraining order, or an
17order after hearing, which is in effect and has been issued by a
18family court under the Domestic Violence Protection Act set forth
19in Division 10 (commencing with Section 6200) of the Family
20Code.

21(B) The information is disseminated only to the victim of the
22crime or to the person who has obtained the emergency protective
23order, the temporary restraining order, or the order after hearing
24issued by the family court.

25(C) Whenever a law enforcement officer disseminates the
26information authorized by this subdivision, that officer or another
27officer assigned to the case shall immediately provide the victim
28of the crime with a “Victims of Domestic Violence” card, as
29specified in subparagraph (H) of paragraph (9) of subdivision (c)
30of Section 13701.

31(3) The victim or person to whom information is disseminated
32pursuant to this subdivision may disclose it as he or she deems
33necessary to protect himself or herself or another person from
34bodily harm by the person who is the subject of the record.

35

SEC. 2.5.  

Section 11106 of the Penal Code is amended to read:

36

11106.  

(a) (1) In order to assist in the investigation of crime,
37the prosecution of civil actions by city attorneys pursuant to
38 paragraph (3) of subdivision (b), the arrest and prosecution of
39criminals, and the recovery of lost, stolen, or found property, the
P9    1Attorney General shall keep and properly file a complete record
2of all of the following:

3(A) All copies of fingerprints.

4(B) Copies of licenses to carry firearms issued pursuant to
5Section 26150, 26155, 26170, or 26215.

6(C) Information reported to the Department of Justice pursuant
7to Section 26225, 27875, 27920, 27966, 29180, or 29830.

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

9(E) Reports provided pursuant to Article 1 (commencing with
10Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
11pursuant to any provision listed in subdivision (a) of Section 16585.

12(F) Forms provided pursuant to Section 12084, as that section
13read prior to being repealed on January 1, 2006.

14(G) Reports provided pursuant to Article 1 (commencing with
15Section 26700) and Article 2 (commencing with Section 26800)
16of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’
17records of sales of firearms.

18(H) Information provided pursuant to Section 28255.

19(I) Reports of stolen, lost, found, pledged, or pawned property
20in any city or county of this state.

21(2) The Attorney General shall, upon proper application therefor,
22furnish the information to the officers referred to in Section 11105.

23(b) (1) The Attorney General shall permanently keep and
24properly file and maintain all information reported to the
25Department of Justice pursuant to the following provisions as to
26firearms and maintain a registry thereof:

27(A) Article 1 (commencing with Section 26700) and Article 2
28(commencing with Section 26800) of Chapter 2 of Division 6 of
29Title 4 of Part 6.

30(B) Article 1 (commencing with Section 27500) of Chapter 4
31of Division 6 of Title 4 of Part 6.

32(C) Chapter 5 (commencing with Section 28050) of Division 6
33of Title 4 of Part 6.

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

35(E) Former Section 12084.

36(F) Section 28255.

37(G) Section 29180.

38(H) Any other law.

39(2) The registry shall consist of all of the following:

P10   1(A) The name, address, identification of, place of birth (state
2or country), complete telephone number, occupation, sex,
3description, and all legal names and aliases ever used by the owner
4or person being loaned the particular firearm as listed on the
5information provided to the department on the Dealers’ Record of
6Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
7in former Section 12084, or reports made to the department
8pursuant to any provision listed in subdivision (a) of Section 16585,
9Section 28255 or 29180, or any other law.

10(B) The name and address of, and other information about, any
11person (whether a dealer or a private party) from whom the owner
12acquired or the person being loaned the particular firearm and
13when the firearm was acquired or loaned as listed on the
14information provided to the department on the Dealers’ Record of
15Sale, the LEFT, or reports made to the department pursuant to any
16provision listed in subdivision (a) of Section 16585 or any other
17law.

18(C) Any waiting period exemption applicable to the transaction
19which resulted in the owner of or the person being loaned the
20particular firearm acquiring or being loaned that firearm.

21(D) The manufacturer’s name if stamped on the firearm, model
22name or number if stamped on the firearm, and, if applicable, the
23serial number, other number (if more than one serial number is
24stamped on the firearm), caliber, type of firearm, if the firearm is
25new or used, barrel length, and color of the firearm, or, if the
26firearm is not a handgun and does not have a serial number or any
27identification number or mark assigned to it, that shall be noted.

28(E) Commencing January 1, 2019, the name of the person and
29his or her spouse or domestic partner if the firearm is registered
30to both persons. The department shall modify its registration forms
31to the extent necessary, if it has not already done so, so that both
32spouses or both domestic partners may register as the owners of
33the firearm. This subparagraph shall not require the department to
34change thebegin delete Dealer’send deletebegin insert Dealersend insertbegin insertend insert Record of Sale form.

35(3) Information in the registry referred to in this subdivision
36shall, upon proper application therefor, be furnished to the officers
37referred to in Section 11105, to a city attorney prosecuting a civil
38action, solely for use in prosecuting that civil action and not for
39any other purpose, or to the person listed in the registry as the
40owner or person who is listed as being loaned the particular firearm.

P11   1(4) If any person is listed in the registry as the owner of a firearm
2through a Dealers’ Record of Sale prior to 1979, and the person
3listed in the registry requests by letter that the Attorney General
4store and keep the record electronically, as well as in the record’s
5existing photographic, photostatic, or nonerasable optically stored
6form, the Attorney General shall do so within three working days
7of receipt of the request. The Attorney General shall, in writing,
8and as soon as practicable, notify the person requesting electronic
9storage of the record that the request has been honored as required
10by this paragraph.

11(c) (1) If the conditions specified in paragraph (2) are met, any
12officer referred to in paragraphs (1) to (6), inclusive, of subdivision
13(b) of Section 11105 may disseminate the name of the subject of
14the record, the number of the firearms listed in the record, and the
15description of any firearm, including the make, model, and caliber,
16from the record relating to any firearm’s sale, transfer, registration,
17or license record, or any information reported to the Department
18of Justice pursuant to any of the following:

19(A) Section 26225, 27875, 27920, or 27966.

20(B) Article 1 (commencing with Section 26700) and Article 2
21(commencing with Section 26800) of Chapter 2 of Division 6 of
22Title 4 of Part 6.

23(C) Article 1 (commencing with Section 27500) of Chapter 4
24of Division 6 of Title 4 of Part 6.

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

27(E) Article 2 (commencing with Section 28150) of Chapter 6
28of Division 6 of Title 4 of Part 6.

29(F) Article 5 (commencing with Section 30900) of Chapter 2
30of Division 10 of Title 4 of Part 6.

31(G) Chapter 2 (commencing with Section 33850) of Division
3211 of Title 4 of Part 6.

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

34(2) Information may be disseminated pursuant to paragraph (1)
35only if all of the following conditions are satisfied:

36(A) The subject of the record has been arraigned for a crime in
37which the victim is a person described in Section 6211 of the
38Family Code and is being prosecuted or is serving a sentence for
39the crime, or the subject of the record is the subject of an
40emergency protective order, a temporary restraining order, or an
P12   1order after hearing, which is in effect and has been issued by a
2family court under the Domestic Violence Protection Act set forth
3in Division 10 (commencing with Section 6200) of the Family
4Code.

5(B) The information is disseminated only to the victim of the
6crime or to the person who has obtained the emergency protective
7order, the temporary restraining order, or the order after hearing
8issued by the family court.

9(C) Whenever a law enforcement officer disseminates the
10information authorized by this subdivision, that officer or another
11officer assigned to the case shall immediately provide the victim
12of the crime with a “Victims of Domestic Violence” card, as
13specified in subparagraph (H) of paragraph (9) of subdivision (c)
14of Section 13701.

15(3) The victim or person to whom information is disseminated
16pursuant to this subdivision may disclose it as he or she deems
17necessary to protect himself or herself or another person from
18bodily harm by the person who is the subject of the record.

19

SEC. 3.  

Section 17060 of the Penal Code is amended to read:

20

17060.  

(a) As used in Section 25135, “residence” means any
21structure intended or used for human habitation, including, but not
22limited to, houses, condominiums, rooms, motels, hotels,
23time-shares, and recreational or other vehicles where human
24habitation occurs.

begin delete

25(b) As used in Section 27881, “resides within the same
26residence” means that the individuals reside within the same
27structure intended or used for human habitation, including, but not
28limited to, houses, condominiums, and rooms, where human
29habitation occurs, but does not mean individuals who reside within
30discrete units of an apartment building, apartment complex, duplex,
31or other similar complex.

end delete
begin delete

32(c)

end delete

33begin insert(b)end insert As used in Section 27882, “residence” means any structure
34intended or used for human habitation, including, but not limited
35to, houses, condominiums, rooms, motels, hotels, and time-shares,
36but does not include a recreational or other vehicle where human
37habitation occurs.

38

SEC. 4.  

Section 26600 of the Penal Code is amended to read:

39

26600.  

(a) Section 26500 does not apply to any sale, delivery,
40transfer, or loan of firearms made to an authorized law enforcement
P13   1representative of any city, county, city and county, or state, or of
2the federal government, for exclusive use by that governmental
3agency if, prior to the sale, delivery, transfer, or loan of these
4firearms, written authorization from the head of the agency
5authorizing the transaction is presented to the person from whom
6the purchase, delivery, transfer, or loan is being made.

7(b) Proper written authorization is defined as verifiable written
8certification from the head of the agency by which the purchaser
9or transferee is employed, identifying the employee as an individual
10authorized to conduct the transaction, and authorizing the
11transaction for the exclusive use of the agency by which that person
12is employed.

13(c) Within 10 days of the date a firearm is acquired or received
14by the agency pursuant to this section, a record of the same shall
15be entered as an institutional weapon into the Automated Firearms
16System (AFS) via the California Law Enforcement
17Telecommunications System (CLETS) by the law enforcement or
18state agency. Any agency without access to AFS shall arrange with
19the sheriff of the county in which the agency is located to input
20this information via this system.

21

SEC. 5.  

Section 27050 of the Penal Code is amended to read:

22

27050.  

(a) Article 1 (commencing with Section 26700) and
23Article 2 (commencing with Section 26800) do not apply to any
24sale, delivery, transfer, or loan of firearms made to an authorized
25law enforcement representative of any city, county, city and county,
26or state, or of the federal government, for exclusive use by that
27governmental agency if, prior to the sale, delivery, transfer, or loan
28of these firearms, written authorization from the head of the agency
29authorizing the transaction is presented to the person from whom
30the purchase, delivery, transfer, or loan is being made.

31(b) Proper written authorization is defined as verifiable written
32certification from the head of the agency by which the purchaser,
33recipient, or transferee is employed, identifying the employee as
34an individual authorized to conduct the transaction, and authorizing
35the transaction for the exclusive use of the agency by which that
36person is employed.

37(c) Within 10 days of the date a firearm is acquired or received
38by the agency pursuant to this section, a record of the same shall
39be entered as an institutional weapon into the Automated Firearms
40System (AFS) via the California Law Enforcement
P14   1Telecommunications System (CLETS) by the law enforcement or
2state agency. Any agency without access to AFS shall arrange with
3the sheriff of the county in which the agency is located to input
4this information via this system.

5

SEC. 6.  

Section 27600 of the Penal Code is amended to read:

6

27600.  

(a) Article 1 (commencing with Section 27500) does
7not apply to any sale, delivery, transfer, or loan of firearms made
8to, or the importation of firearms by, an authorized law enforcement
9representative of any city, county, city and county, or state, or of
10the federal government, for exclusive use by that governmental
11agency if, prior to the sale, delivery, transfer, loan, or importation
12of these firearms, written authorization from the head of the agency
13authorizing the transaction is presented to the person from whom
14the purchase, delivery, transfer, or loan is being made or from
15whom the firearm is being imported.

16(b) Proper written authorization is defined as verifiable written
17certification from the head of the agency by which the purchaser,
18recipient, or transferee is employed, identifying the employee as
19an individual authorized to conduct the transaction, and authorizing
20the transaction for the exclusive use of the agency by which that
21person is employed.

22(c) Within 10 days of the date a firearm is acquired or received
23by the agency pursuant to this section, a record of the same shall
24be entered as an institutional weapon into the Automated Firearms
25System (AFS) via the California Law Enforcement
26Telecommunications System (CLETS) by the law enforcement or
27state agency. Any agency without access to the AFS shall arrange
28with the sheriff of the county in which the agency is located to
29input this information via this system.

30(d) Any agency that is the registered owner of an institutional
31weapon in accordance with subdivision (c) that subsequently
32destroys that weapon shall enter information that the weapon has
33been destroyed into the Automated Firearms System (AFS) via
34the California Law Enforcement Telecommunications System
35(CLETS) within 10 days of the destruction in accordance with
36procedures prescribed by the Department of Justice. Any agency
37without access to the AFS shall arrange with the sheriff of the
38county in which the agency is located to input this information via
39this system.

begin delete
40

SEC. 7.  

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

P15   1

27881.  

Section 27545 does not apply to the loan of a firearm
2provided all of the following are met:

3(a) The firearm being loaned is registered to the person making
4the loan pursuant to Section 11106.

5(b) The loan occurs within the individual receiving the firearm
6and lender’s shared place of residence or private property, which
7is not zoned for commercial, retail, or industrial activity.

8(c) The firearm at all times stays within the individual receiving
9the firearm and lender’s shared place of residence or private
10property, which is not zoned for commercial, retail, or industrial
11 activity.

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
16older.

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
20certificate.

21(g) The person being loaned the firearm resides within the same
22residence as the lender.

end delete
23

begin deleteSEC. 8.end delete
24
begin insert SEC. 7.end insert  

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

25

27882.  

Section 27545 does not apply to the loan of a firearm
26provided all of the following are met:

27(a) The firearm being loaned is registered to the person making
28the loan pursuant to Section 11106.

29(b) The firearm being loaned is stored in the receiver’s place of
30residence or in an enclosed structure on the receiver’s private
31property, which is not zoned for commercial, retail, or industrial
32activity.

33(c) The firearm at all times stays within the receiver’s place of
34residence or in an enclosed structure on the receiver’s private
35property, which is not zoned for commercial, retail, or industrial
36activity.

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

P16   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.

7(g) One of the following applies:

8(1) The firearm is maintained within a locked container.

9(2) The firearm is disabled by a firearm safety device.

10(3) The firearm is maintained within a locked gun safe.

11(4) The firearm is locked with a locking device, as defined in
12Section 16860, which has rendered the firearm inoperable.

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

14(i) The loan is made without consideration.

15(j) There is writing in a format prescribed by the Department
16of Justice that explains the obligations imposed by this section that
17is signed by both the party loaning the firearm for storage and the
18person receiving the firearm.

19(k) Both parties to the loan have signed copies of the writing
20required by subdivision (j).

21

begin deleteSEC. 9.end delete
22
begin insert SEC. 8.end insert  

Section 28300 of the Penal Code is amended to read:

23

28300.  

(a) The Firearms Safety and Enforcement Special Fund
24is hereby established in the State Treasury and shall be
25administered by the Department of Justice.

26(b) The Department of Justice may require firearms dealers to
27charge each person who obtains a firearm a fee not to exceed five
28dollars ($5) for each transaction, except that the fee may be
29increased at a rate not to exceed any increase in the California
30Consumer Price Index as compiled and reported by the Department
31of Industrial Relations, and not to exceed the reasonable cost of
32regulation to the department. Revenues from this fee shall be
33deposited in the Firearms Safety and Enforcement Special Fund.

34(c) Revenue deposited into the Firearms Safety and Enforcement
35Special Fund shall be available for expenditure by the Department
36of Justice upon appropriation by the Legislature for all of the
37following:

38(1) Implementing and enforcing the provisions of Article 2
39(commencing with Section 31610) of Chapter 4 of Division 10.

40(2) Enforcing Section 830.95.

P17   1(3) Implementing subparagraph (E) of paragraph (2) of
2subdivision (b) of Section 11106.

3(4) Enforcing Title 2 (commencing with Section 12001) of Part
44.

5(5) Enforcing Sections 16000 to 16960, inclusive.

6(6) Enforcing Sections 16970 to 17230, inclusive.

7(7) Enforcing Sections 17240 to 21390, inclusive.

8(8) Enforcing Sections 21590 to 34370, inclusive.

9(9) The establishment, maintenance, and upgrading of equipment
10and services necessary for firearms dealers to comply with Article
112 (commencing with Section 28150).

12

begin deleteSEC. 10.end delete
13
begin insert SEC. 9.end insert  

Section 31705 of the Penal Code is amended to read:

14

31705.  

(a) Subdivision (a) of Section 31615 does not apply
15to any sale, delivery, transfer, or loan of firearms made to an
16authorized law enforcement representative of any city, county,
17city and county, or state, or of the federal government, for exclusive
18use by that governmental agency if, prior to the sale, delivery,
19transfer, or loan of these firearms, written authorization from the
20head of the agency authorizing the transaction is presented to the
21person from whom the purchase, delivery, transfer, or loan is being
22made.

23(b) Proper written authorization is defined as verifiable written
24certification from the head of the agency by which the purchaser,
25recipient, or transferee is employed, identifying the employee as
26an individual authorized to conduct the transaction, and authorizing
27the transaction for the exclusive use of the agency by which that
28person is employed.

29(c) Within 10 days of the date a firearm is acquired or received
30by the agency pursuant to this section, a record of the same shall
31be entered as an institutional weapon into the Automated Firearms
32System (AFS) via the California Law Enforcement
33Telecommunications System (CLETS) by the law enforcement or
34state agency. Any agency without access to AFS shall arrange with
35the sheriff of the county in which the agency is located to input
36this information via this system.

37

begin deleteSEC. 11.end delete
38
begin insert SEC. 10.end insert  

The Legislature finds and declares that the
39amendments made to Sections 26600, 27050, 27600, and 31705
40of the Penal Code by this act are declaratory of existing law.

P18   1

begin deleteSEC. 12.end delete
2
begin insert SEC. 11.end insert  

Section 2.5 of this bill incorporates amendments to
3Section 11106 of the Penal Code proposed by both this bill and
4Assembly Bill 857. It shall only become operative if (1) both bills
5are enacted and become effective on or before January 1, 2017,
6(2) each bill amends Section 11106 of the Penal Code, and (3) this
7bill is enacted after Assembly Bill 857, in which case Section 2 of
8this bill shall not become operative.



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