BILL ANALYSIS Ó
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: SB 1332 Hearing Date: April 5, 2016
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|Author: |Mendoza |
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|Version: |February 19, 2016 |
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|Urgency: |No |Fiscal: |Yes |
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|Consultant:|JRD |
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Subject: Firearms
HISTORY
Source: Author
Prior Legislation:None known
Support: Peace Officers Research Association of California;
California Sportsman's Lobby; Outdoor Sportsmen's
Coalition of California; California Chapters of Safari
Club International
Opposition:Unknown
PURPOSE
The purpose of this bill is to: (1) provide for joint spousal
registration in California, as specified; and (2) modify the
firearm loan provisions, as specified.
Joint Spousal Registration
Existing law states, in order to assist in the investigation of
crime, the prosecution of civil actions by city attorneys, the
arrest and prosecution of criminals, and the recovery of lost,
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stolen, or found property, the Attorney General shall keep and
properly file a complete record of all copies of fingerprints,
copies of licenses to carry firearms issued as provided,
information reported to the Department of Justice (DOJ) as
specified, dealers' records of sales of firearms, specified
forms and reports, that are not dealers' records of sales of
firearms, other specified information, and reports of stolen,
lost, found, pledged, or pawned property in any city or county
of this state, and shall, upon proper application therefor,
furnish this information to the officers authorized to receive
state summary criminal history information. (Penal Code §
11106(a).)
Existing law requires the Attorney General to permanently keep
and properly file and maintain all information reported to DOJ
pursuant to specified provisions of law as to firearms and
maintain a registry thereof. (Penal Code § 11106 (b).)
Existing law provides that any officer referred to in provisions
of law related to who may receive state summary criminal history
information 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 DOJ if certain conditions are met. (Penal Code §
11106(c)(1).)
This bill would require the Attorney General to permanently keep
and properly file and maintain the name of the person and his or
her spouse or domestic partner, if the firearm is registered to
both individuals, as specified.
This bill requires the department to modify its registration
forms, if it has not already done so, so that both spouses or
both domestic partners may register as the owners of the
firearm, as specified.
This bill makes a number of findings relating to joint spousal
registration, including:
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
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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.
Requiring the Attorney General to prepare and submit to
the Legislature on or before January 1, 2018, a report
concerning all of the following:
o What process is occurring now as to the joint
registration of firearms between spouses and
registered domestic partners pursuant to the operation
of law procedures by virtue of the amendments made to
Section 11106 of the Penal Code by the act that added
this section.
o Any issues that have arisen as to joint family
registration of .50 BMG rifles and assault weapons.
o The barriers that exist, if any, to joint
registration of firearms between spouses and
registered domestic partners that are not obviated by
the amendments made to Section 11106 of the Penal Code
by the act that added this section.
o The feasibility and costs of explicitly
implementing a joint firearm registration system
beyond the provisions of this act made by the
amendments made to Section 11106 of the Penal Code by
the act that added this section without disrupting the
current Dealer Record of Sale system.
o The overall costs of creating and maintaining,
and the costs to the individuals of using, a joint
firearm registration system beyond those changes made
by the amendments made to Section 11106 of the Penal
Code by the act that added this section.
o The effect of an explicit joint firearm
registration system on overall efforts by DOJ in terms
of information and computerized upgrades that the
department is currently undertaking.
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o Recommendations for the disposition of jointly
registered firearms that protect public safety, the
registrants, and third parties.
o Proposals for any specific statutory changes
necessary to implement the recommendations identified,
as specified
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.
It is the intent of the Legislature that the DOJ make
available on its Internet Web site, in an editable public
display format, the form referred to in Section 27882 of
the Penal Code.
Loan Provisions of this Bill
Current federal law requires licensed firearms dealers, before
they may deliver a firearm to a purchaser, to perform a
background check on the purchaser through the federal National
Instant Criminal Background Check System ("NICS"). (18 U.S.C §§
921, et seq.)
Existing law requires that, except as specified, all sales,
loans, and transfers of firearms to be processed through or by a
state-licensed firearms dealer or a local law enforcement
agency. (Penal Code § 27545.)
Existing law provides that there is a 10-day waiting period when
purchasing a firearm through a firearms dealer. During which
time, a background check is conducted and, if the firearm is a
handgun, a handgun safety certificate is required prior to
delivery of the firearm. (Penal Code §§ 26815, 26840(b) and
27540.)
Existing law creates numerous exceptions to a variety of
different and specified firearms transfer requirements,
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including penal code section 27545, for loans of firearms under
a variety of different circumstances. The general categories of
these exceptions are:
For target shooting at target facility. (Penal Code §
26545.)
To entertainment production. (Penal Code § 26580.)
Several exceptions relating to law enforcement officers
and government agencies (Penal Code §§ 2660, et seq.)
For infrequent loan of non-handgun; curio or relic
(Penal Code § 27966) [commencing January 1, 2014]
To a consultant-evaluator. (Penal Code § 27005.)
To minors. (Penal Code § 27505.)
Infrequent loans to persons known to each other. (Penal
Code § 27880.)
Where the firearm stays within the presence of the
owner. (Penal Code § 27885.)
To a licensed hunter. (Penal Code § 27950.)
Existing law that provides for infrequent loans to person known
to each other, as specified in penal code section 27880, allows
for the loan of a firearm between persons known to each other,
if the following requirements are met:
The loan is infrequent, as defined in Section 16730;
The loan is for any lawful purpose;
The loan does not exceed 30 days in duration; and
Until January 1, 2015, if the firearm is a handgun, the
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individual being loaned the firearm shall have a valid
handgun safety certificate. Commencing January 1, 2015, for
any firearm, the individual being loaned the firearm shall
have a valid firearm safety certificate, except that in the
case of a handgun, an unexpired handgun safety certificate
may be used.
This bill would limit the duration of the infrequent loans to
person known to each other to ten days, as specified.
This bill provides that section 27545 does not apply to the loan
of a firearm provided all of the following are met:
If the firearm being loaned is a handgun or
semiautomatic center fire rifle, the handgun or rifle is
registered to the person making the loan pursuant to
Section 11106;
The loan occurs within the lender's place of residence
or private property, which is not zoned for commercial,
retail, or industrial activity;
The firearm at all times stays within the lender's place
of residence or private property, which is not zoned for
commercial, retail, or industrial activity;
The individual receiving the firearm is not prohibited
by state or federal law from possessing, receiving, owning,
or purchasing a firearm;
The individual receiving the firearm is 18 years of age
or older; and
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.
This bill provides that Section 27545 does not apply to the loan
of a firearm provided all of the following are met:
If the firearm being loaned is a handgun or
semiautomatic center fire rifle, the handgun or rifle is
registered to the person making the loan pursuant to
Section 11106.
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.
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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.
The individual receiving the firearm is not prohibited
by state or federal law from possessing, receiving, owning,
or purchasing a firearm.
The individual receiving the firearm is 18 years of age
or older.
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.
One of the following applies:
o The firearm is maintained within a locked container.
o The firearm is disabled by a firearm safety device.
o The firearm is maintained within a locked gun safe.
o The firearm is locked with a locking device, as
defined in Section 16860, which has rendered the firearm
inoperable.
The loan does not exceed 30 days in duration.
The loan is made without consideration.
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.
Both parties to the loan have signed copies of the
writing, as specified.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized
legislation referred to its jurisdiction for any potential
impact on prison overcrowding. Mindful of the United States
Supreme Court ruling and federal court orders relating to the
state's ability to provide a constitutional level of health care
to its inmate population and the related issue of prison
overcrowding, this Committee has applied its "ROCA" policy as a
content-neutral, provisional measure necessary to ensure that
the Legislature does not erode progress in reducing prison
overcrowding.
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On February 10, 2014, the federal court ordered California to
reduce its in-state adult institution population to 137.5% of
design capacity by February 28, 2016, as follows:
143% of design bed capacity by June 30, 2014;
141.5% of design bed capacity by February 28, 2015; and,
137.5% of design bed capacity by February 28, 2016.
In December of 2015 the administration reported that as "of
December 9, 2015, 112,510 inmates were housed in the State's 34
adult institutions, which amounts to 136.0% of design bed
capacity, and 5,264 inmates were housed in out-of-state
facilities. The current population is 1,212 inmates below the
final court-ordered population benchmark of 137.5% of design bed
capacity, and has been under that benchmark since February
2015." (Defendants' December 2015 Status Report in Response to
February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge
Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One
year ago, 115,826 inmates were housed in the State's 34 adult
institutions, which amounted to 140.0% of design bed capacity,
and 8,864 inmates were housed in out-of-state facilities.
(Defendants' December 2014 Status Report in Response to February
10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman
v. Brown, Plata v. Brown (fn. omitted).)
While significant gains have been made in reducing the prison
population, the state must stabilize these advances and
demonstrate to the federal court that California has in place
the "durable solution" to prison overcrowding "consistently
demanded" by the court. (Opinion Re: Order Granting in Part and
Denying in Part Defendants' Request For Extension of December
31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,
Coleman v. Brown, Plata v. Brown (2-10-14). The Committee's
consideration of bills that may impact the prison population
therefore will be informed by the following questions:
Whether a proposal erodes a measure which has contributed
to reducing the prison population;
Whether a proposal addresses a major area of public safety
or criminal activity for which there is no other
reasonable, appropriate remedy;
Whether a proposal addresses a crime which is directly
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dangerous to the physical safety of others for which there
is no other reasonably appropriate sanction;
Whether a proposal corrects a constitutional problem or
legislative drafting error; and
Whether a proposal proposes penalties which are
proportionate, and cannot be achieved through any other
reasonably appropriate remedy.
COMMENTS
1. Need for This Bill
According to the author:
California gun laws do not currently permit joint registration
and ownership of a firearm. Joint registration has been
occurring by default as a result of some local jurisdictions
issuing a license to carry to both spouses for the same handgun.
The local jurisdiction then transmits this information to the
California Department of Justice (DOJ). Additionally, joint
registration has been occurring when a firearm is brought into
California from a state where joint registration is allowed.
Joint spousal firearm registration exists in Hawaii, Maryland,
and New York. Allowing for joint spousal registration in
California will bring consistency to law for a practice that is
already occurring in the state. Joint spousal registration is
especially important if one spouse dies, in which case, the
firearm would remain safely in the possession of the surviving
spouse.
Too many preventable incidents occur in which injury is caused
by irresponsible firearm use. In 2014, there were a total of
33,599 firearm deaths in the United States, 10,945 of which were
homicides, according to the Centers for Disease Control (CDC).
In California specifically, there were 2,942 firearm deaths and
1,813 homicides. In 2015, there were approximately 278
unintentional shootings by children aged 17 and under in the
United States, resulting in 88 deaths. Because of existing loan
exemptions, individuals who are personally known to each other
may enter into a firearm loan transfer without going through a
licensed firearm dealer and background check, if the loan does
not exceed 30 days. This exception provides an opportunity of up
to a month for a firearm to be in the possession of individuals
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who are legally prohibited from carrying one. Reducing the loan
to 10 days decreases the chance of crimes being committed with
the firearm, while still allowing for a loan in case there is
necessity for it, including during a time of need for emergency
protection.
According to the Bureau of Justice Statistics (BJS), about 1.4
million firearms were stolen during household burglaries and
other property crimes between 2005 and 2010. A 2010 audit
conducted by the San Jose Police Department reported that around
300 of its firearms could not be accounted for, some of which
may have been stolen from officer's homes. Graham Barlowe, Agent
of the U.S. Bureau of Alcohol, Tobacco, Firearms, and
Explosives, Sacramento Office, stated that "In this day and age
of technology, most of the electronics don't really have any
value at all? the firearms do. Even an old firearm is still
valuable" (NBC Bay Area, 2015). Although reports vary, stolen
guns may account for roughly 15% of guns used in crimes, thus it
is essential that a safekeeping program is available when a gun
owner leaves their property.
This bill will create greater safeguards to prevent
firearms from falling into the wrong hands.
2. Effect of This Bill
This bill: (1) provides for joint spousal registration in
California; and (2) modifies the firearm loan provisions.
The provisions of current law which allow for firearms to be
infrequently loaned to a person known to the owner, authorizes a
firearm to be loaned between persons who are personally known to
each other, if all of the following requirements are satisfied:
The loan is infrequent, meaning, for handguns, less than
six transactions per calendar year and for firearms other
than handguns, occasional and without regularity.
The loan is for any lawful purpose.
The loan does not exceed 30 days in duration.
If the firearm is a handgun, the individual being loaned
the handgun shall have a valid handgun safety certificate.
(Penal Code § 27880)
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This bill limits that duration of the loan to 10 days and adds
additional loan provisions. The additional loan provisions
would allow a person to loan a handgun or centerfire rifle in
certain circumstances. Members may wish to consider an
amendment expanding these exceptions to all firearms.
This legislation, additionally, requires that the Department of
Justice report a variety of information relating to spousal
registration by January 1, 2018. This requirement is in the
bill's intent language. Members may wish to consider
recommending that this requirement be codified to ensure that
the department is aware that it needs to report to the
Legislature in 2018.
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