BILL ANALYSIS Ó SENATE COMMITTEE ON APPROPRIATIONS Senator Ricardo Lara, Chair 2015 - 2016 Regular Session SB 1332 (Mendoza) - Firearms ----------------------------------------------------------------- | | | | | | ----------------------------------------------------------------- |--------------------------------+--------------------------------| | | | |Version: April 12, 2016 |Policy Vote: PUB. S. 5 - 2 | | | | |--------------------------------+--------------------------------| | | | |Urgency: No |Mandate: Yes | | | | |--------------------------------+--------------------------------| | | | |Hearing Date: April 25, 2016 |Consultant: Jolie Onodera | | | | ----------------------------------------------------------------- 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. SB 1332 (Mendoza) Page 1 of ? 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. SB 1332 (Mendoza) Page 2 of ? 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 ? 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 SB 1332 (Mendoza) Page 4 of ? available under various provisions of existing law. -- END --