BILL ANALYSIS                                                                                                                                                                                                    






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          |SENATE RULES COMMITTEE            |                       SB 1332|
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                                   THIRD READING 


          Bill No:  SB 1332
          Author:   Mendoza (D) 
          Amended:  5/31/16  
          Vote:     21 

           SENATE PUBLIC SAFETY COMMITTEE:  5-2, 4/5/16
           AYES:  Hancock, Glazer, Leno, Liu, Monning
           NOES:  Anderson, Stone

           SENATE APPROPRIATIONS COMMITTEE:  5-2, 5/27/16
           AYES:  Lara, Beall, Hill, McGuire, Mendoza
           NOES:  Bates, Nielsen

           SUBJECT:   Firearms


          SOURCE:    Author

          DIGEST:  This bill provides for the joint registration of  
          firearms between spouses and domestic partners, as specified,  
          and modifies existing firearm loan provisions.

          ANALYSIS:  
          
          Existing law:

          1)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, 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,  








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            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).) 

          2)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).) 

          3)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).)

          4)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.)

          5)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.) 

          6)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.)

          7)Creates numerous exceptions to a variety of different and  
            specified firearms transfer requirements, including penal code  
            section 27545, for loans of firearms under a variety of  







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            different circumstances. The general categories of these  
            exceptions are:

             a)   For target shooting at target facility. (Penal Code   
               26545.)
             b)   To entertainment production. (Penal Code  26580.)
             c)   Several exceptions relating to law enforcement officers  
               and government agencies (Penal Code  2660, et seq.)
             d)   For infrequent loan of non-handgun; curio or relic  
               (Penal Code  27966) [commencing January 1, 2014]
             e)   To a consultant-evaluator. (Penal Code  27005.)
             f)   To minors. (Penal Code  27505.)
             g)   Infrequent loans to persons known to each other. (Penal  
               Code  27880.)
             h)   Where the firearm stays within the presence of the  
               owner. (Penal Code  27885.)
             i)   To a licensed hunter. (Penal Code  27950.)

          This bill: 

          1)Makes a variety of legislative findings relating to joint  
            spousal registration.

          2)Requires, commencing January 1, 2019,  DOJ 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. 

          3)Requires, commencing January 1, 2019,  DOJ 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. 

          4)Provides that section 27545 does not apply to the loan of a  
            firearm provided all of the following are met:

             a)   If the firearm being loaned is registered to the person  
               making the loan pursuant to Section 11106;
             b)   The loan occurs within the individual receiving the  
               firearm and the lender's place of residence or private  
               property, which is not zoned for commercial, retail, or  
               industrial activity;
             c)   The firearm at all times stays within the individual  
               receiving the firearm and the lender's place of residence  







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               or private property, which is not zoned for commercial,  
               retail, or industrial activity;
             d)   The individual receiving the firearm is not prohibited  
               by state or federal law from possessing, receiving, owning,  
               or purchasing a firearm;
             e)   The individual receiving the firearm is 18 years of age  
               or older; 
             f)   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; and
             g)   The person being loaned the firearm resides within the  
               same residence as the lender. 

          5)Provides that Section 27545 does not apply to the loan of a  
            firearm provided all of the following are met:

             a)   If the firearm being loaned is registered to the person  
               making the loan pursuant to Section 11106.
             b)   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.
             c)   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.
             d)   The individual receiving the firearm is not prohibited  
               by state or federal law from possessing, receiving, owning,  
               or purchasing a firearm.
             e)   The individual receiving the firearm is 18 years of age  
               or older.
             f)   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.
             g)   One of the following applies:

               i)     The firearm is maintained within a locked container.
               ii)    The firearm is disabled by a firearm safety device.
               iii)   The firearm is maintained within a locked gun safe.
               iv)    The firearm is locked with a locking device, as  
                 defined in Section 16860, which has rendered the firearm  
                 inoperable.







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             h)   The loan does not exceed 30 days in duration.
             i)   The loan is made without consideration.
             j)   There is writing in a format prescribed by the DOJ 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.
             aa)  Both parties to the loan have signed copies of the  
               writing, as specified.

          6)Defines "residence" for purposes of this legislation and  
            "resides within the same residence," as specified. 


          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:YesLocal:   No


          According to the Senate Appropriations Committee: 


           Joint firearms registration system:  One-time and ongoing  
            costs (Special Fund*) to enable joint firearms registration of  
            $1.1 million in FY 2016-17, $1.3 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, and staff  
            overtime.
           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


          SUPPORT:   (Verified5/31/16)


          Peace Officers Research Association of California


          OPPOSITION:   (Verified5/31/16)








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          California Chapters of Safari Club International 
          California Sportsman's Lobby
          Firearms Policy Coalition
          Outdoor Sportsmen's Coalition of California 

          ARGUMENTS IN SUPPORT: 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  
          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  







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          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.


          ARGUMENTS IN OPPOSITION:     According to the Firearms Policy  
          Coalition: 

               SB 1332 addresses the loaning of firearms with several new  
               passages about hyper-nuanced events that are all covered  
               under current state and federal law, rendering these  
               provisions redundant and unnecessary. In addition, also  
               creates new classes of criminals for these mundane and  
               lawful activities, which is unacceptable. . .

               This coupled with the numerous legislative findings, in an  
               area of law that occupies a significant portion of the  
               penal code, is how the California Law Revision Commission  
               ended up being tasked with revising it in the first place  
               (ACR 73- McCarthy of 2006). 

               We have no position on the concept of joint registration,  
               as long as it voluntary and minimally impacts the  
               Department of Justice's ability to carry out its basic  
               tasks - which is questionable - and minimally impacts the  
               special funds whose coffers are filled solely by firearms  
               purchasers. 

          Prepared by:Jessica  Devencenzi / PUB. S. / 
          5/31/16 20:45:24









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