BILL ANALYSIS Ó
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
SB 1332 (Mendoza) - Firearms
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|Version: April 12, 2016 |Policy Vote: PUB. S. 5 - 2 |
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|Urgency: No |Mandate: Yes |
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|Hearing Date: April 25, 2016 |Consultant: Jolie Onodera |
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This bill meets the criteria for referral to the Suspense File.
Bill
Summary: SB 1332 would provide for the joint registration of
firearms between spouses and domestic partners, as specified,
and would modify and add to existing firearm loan provisions of
law. This bill would require the Attorney General to submit a
report to the Legislature on or before January 1, 2018,
regarding the joint registration of firearms, as specified.
Fiscal
Impact:
Joint firearms registration system : One-time and ongoing
costs (Special Fund*) to enable joint firearms registration of
$1.1 million in FY 2016-17, $1.4 million in FY 2017-18, and
$150,000 annually thereafter. One-time costs include
automation modifications to the existing firearms registration
system, development of revised regulations, preparation of the
legislative report, and staff overtime.
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Modified firearm loan provisions : Unknown net impact on
non-reimbursable local costs and state costs (General Fund)
for greater or fewer misdemeanor and felony violations of
firearm loan requirements due to reducing the loan period to
10 days and adding two new loan exemption provisions.
Electronic form : One-time minor costs (Special Fund*) to the
DOJ to develop and post an editable form on its website to be
signed and retained by parties seeking a specified exception
to firearm loan requirements.
*Firearm Safety and Enforcement Special Fund
Background: Existing law requires the Attorney General to maintain a
registry of all firearms owners including the name, address,
identification of, place of birth, 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 DOJ on the Dealers'
Record of Sale (DROS) or other reports made to the DOJ. The
registry must also include information on any person from whom
the owner acquired or the person being loaned the firearm,
firearm manufacturer's name, model, serial number, caliber, type
of firearm, and other details specific to the firearm, as well
as any waiting period exemption applicable. (PC § 11106.)
Existing law requires that, except as specified, all sales,
loans, and transfers of firearms are to be processed through or
by a state-licensed firearms dealer or local law enforcement
agency. (PC § 27545.) A violation of this provision is a
misdemeanor, unless the violation involves a handgun, in which
case the violation is alternate felony/misdemeanor, punishable
by imprisonment in a county jail for up to one year or as a
felony punishable by imprisonment for 16 months, two years, or
three years in county jail, or state prison if specified
circumstances are met, by a fine of up to $1,000, or by both
that fine and imprisonment. (PC § 27590 (a),(c)(5).)
Existing law provides for an exception to the requirement to
process firearms loans through a licensed firearms dealer or law
enforcement agency for the loan of a firearm between persons who
are personally known to each other if all of the following
requirements are met:
The loan is infrequent, as specified.
The loan is for any lawful purpose.
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The loan does not exceed 30 days in duration.
The individual being loaned the firearm shall have a valid
firearm safety certificate, or in the case of a handgun, an
unexpired handgun safety certificate. (PC § 27880.)
Proposed Law:
This bill would provide for the joint registration of firearms
between spouses and domestic partners, as specified. This bill
would require the Attorney General to submit a report to the
Legislature on or before January 1, 2018, concerning all of the
following:
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 PC § 11106 by this bill.
Any issues that have arisen as to joint family registration of
.50 BMG rifles and assault weapons.
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 PC § 11106 by this
bill.
The feasibility and costs of explicitly implementing a joint
firearm registration system beyond the provisions of this act
made by the amendments made to PC § 11106 by the act that
added this section without disrupting the current Dealer
Record of Sale system.
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 PC
§ 11106 by this bill.
The effect of an explicit joint firearm registration system on
overall efforts by the DOJ in terms of information and
computerized upgrades that the department is currently
undertaking.
Recommendations for the disposition of jointly registered
firearms that protect public safety, the registrants, and
third parties.
Proposals for any specific statutory changes necessary to
implement the recommendations identified.
This bill would modify and add to existing firearm loan
provisions of law, as follows:
SB 1332 (Mendoza) Page 3 of
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In the case of infrequent loans between persons known to each
other, reduces the duration of the allowable loan from 30 days
to 10 days.
Adds two exceptions to the requirement to process firearms
transactions through a licensed dealer or law enforcement
agency.
This bill includes numerous uncodified legislative findings and
declarations, including but not limited to the following intent
language:
"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 also 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."
Staff Comments: The DOJ has indicated significant one-time
costs to develop and implement a formal joint spousal/domestic
partner registration system. The components of the total costs
reflected in the Fiscal Impact section of this analysis include
automation modifications to the existing firearms registration
system, development of revised regulations, preparation of the
legislative report, and staff overtime.
As noted in the legislative findings and declarations of this
measure, "Because carry license information is reported to the
DOJ and is required to be included in the Centralized Registry,
joint registration is occurring today, albeit under the carry
license system. Additionally, joint family firearm registration
is expressly allowed for assault weapons and .50 BMG rifles."
While joint registration may be occurring through various
existing processes, the DOJ does not currently operate a
centralized, formal process for joint registration. This bill
seeks to bring consistency to a practice that is currently
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available under various provisions of existing law.
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