BILL ANALYSIS                                                                                                                                                                                                    



          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:









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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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