BILL ANALYSIS                                                                                                                                                                                                    Ó






                                                                    SB 1332


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          Date of Hearing:  June 28, 2016


          Counsel:               Gabriel Caswell








                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY


                       Reginald Byron Jones-Sawyer, Sr., Chair





          SB  
          1332 (Mendoza) - As Amended May 31, 2016





          SUMMARY: Provides for the joint registration of firearms between  
          spouses and domestic partners, as specified, and modifies  
          existing firearm loan provisions. Specifically, this bill:  

          1)Requires, commencing January 1, 2019, the Department of  
            Justice (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. 













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          2)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. 



          3)Provides that requirements that a loan of a firearm must go  
            through a licensed firearms dealer does not apply to the loan  
            of a firearm provided all of the following are met (loans  
            within a single residence):



             a)   If the firearm being loaned is registered to the person  
               making the loan;

             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  
               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











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             g)   The person being loaned the firearm resides within the  
               same residence as the lender. 



          4)Provides that requirements that a loan of a firearm must go  
            through a licensed firearms dealer does not apply to the loan  
            of a firearm provided all of the following are met (loans  
            outside a single place of residence for purposes of storage):



             a)   If the firearm being loaned is registered to the person  
               making the loan;

             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:











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               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;  
                 or

               iv)    The firearm is locked with a locking device, as  
                 defined in Section 16860, which has rendered the firearm  
                 inoperable.



             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; and

             aa)  Both parties to the loan have signed copies of the  
               writing, as specified.

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



          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  











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            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.  (Pen. Code, §  
            11106, subd. (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. (Pen. Code, § 11106, subd. (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. (Pen. Code, §  
            11106, subd. (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.)












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          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.  (Pen. 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.  (Pen. Code, §§ 26815, 26840, subd.  
            (b) & 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  
            different circumstances. The general categories of these  
            exceptions are:



             a)   For target shooting at target facility. (Pen. Code, §  
               26545.)

             b)   To entertainment production. (Pen. Code, § 26580.)

             c)   Several exceptions relating to law enforcement officers  
               and government agencies (Pen. Code, §§ 2660, et seq.)

             d)   For infrequent loan of non-handgun; curio or relic (Pen.  
               Code, § 27966) [commencing January 1, 2014]

             e)   To a consultant-evaluator. (Pen. Code, § 27005.)












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             f)   To minors. (Pen. Code, § 27505.)

             g)   Infrequent loans to persons known to each other. (Pen.  
               Code, § 27880.)

             h)   Where the firearm stays within the presence of the  
               owner. (Pen. Code, § 27885.)

             i)   To a licensed hunter. (Pen. Code, § 27950.)

          FISCAL EFFECT:  Unknown.


          COMMENTS: 


          1)Author's Statement:  According to the author, "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 officers' 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). 


            "As an overview, per the provisions of the Federal Gun Control  
            Act of 1968 and implementing regulations, a federal firearms  
            licensee may not allow a firearm to leave that licensee's  
            licensed premises in the possession of a person who is not  
            licensed as a federal firearms licensee unless a federal form  
            4473 is completed. And since 1998, save in two cases a NICS  
            background check must be done as well before the gun leaves  
            the premises.  Those two exceptions are for persons with Brady  
            permits (18 USC 922(t)(3)) and authorized law enforcement  











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            personnel (18 USC 925(a)(1)). The FBI in implementing NICS has  
            very stringent requirements for granting a Brady Permit which  
            is why most states do not have licenses/permits that qualify.  
            [<1>] In California only a FEP qualifies as a Brady-NICS  
            permit though with the APPS Program I would argue our license  
            to carry should be deemed a Brady-NICS Permit.


            "In addition to strengthening gun laws, it is also critical  
            that laws regarding firearms are consistent and uniform. One  
            of the underlying issues in gun loans is intra-spouse 'loans'  
            where the gun in reality is probably viewed as jointly owned.  
            California gun laws do not currently expressly permit spousal  
            joint registration and ownership of a firearm save for .50 BMG  
            rifles and assault weapons. 


            "Joint registration has been occurring by default for several  
            reasons. First, as a result of some local jurisdictions  
            issuing a license to carry to both spouses for the same  
            handgun. In the case of carry licenses, the local jurisdiction  
            then transmits this information to the California Department  
            of Justice (DOJ). 

            "This bill seeks to create greater safeguards to prevent guns  
            from falling into the wrong hands and to bring consistency to  
            California's firearms laws."  



          2)Joint Registration by Spouses and Domestic Partners:   
            California gun laws do not explicitly permit joint  
          ---------------------------


          <1>


           To be considered a qualifying permit, the permit must be issued  
          pursuant to a background check with continual review of the  
          person's eligibility being run through NICS. 









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            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).  It  
            also occurs by default via the new resident process and the  
            operation of law process.  Joint spousal firearm registration  
            exists in Hawaii, Maryland, and New York.  Joint spousal  
            registration will impact the operation of law if one spouse  
            dies, in which case, the firearm would remain in lawful  
            possession of the surviving spouse. 


          3)Loaning of Firearms:  This bill requires the loaning of  
            firearms in two distinct scenarios.  Generally, under existing  
            law, the loan of a firearm must be processed through a  
            state-licensed firearms dealer.  This bill creates exemptions  
            to this requirement under two scenarios.  The first scenario  
            is between two persons who reside in the same residence.  The  
            second scenario is the loaning of a firearm to another person  
            for the purpose of safely storing the firearm.  


             a)   Loan to a Person in the Same Residence: Under this bill,  
               loaning a firearm to a person who resides in the same  
               location will be exempted from having to go through a  
               licensed firearms dealer if all of the following conditions  
               are met:  


               i)     The firearm being loaned is registered to the person  
                 making the loan;

               ii)    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;

               iii)   The firearm at all times stays within the individual  











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                 receiving the firearm and the lender's place of residence  
                 or private property, which is not zoned for commercial,  
                 retail, or industrial activity;

               iv)    The individual receiving the firearm is not  
                 prohibited by state or federal law from possessing,  
                 receiving, owning, or purchasing a firearm;

               v)     The individual receiving the firearm is 18 years of  
                 age or older; 

               vi)    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

               vii)   The person being loaned the firearm resides within  
                 the same residence as the lender. 

             b)   Loan to a Person for Safe Storage:  Under this bill,  
               loaning a firearm to another person for the purpose of safe  
               storage will be exempted from having to go through a  
               licensed firearms dealer if all of the following conditions  
               are met:  


               i)     If the firearm being loaned is registered to the  
                 person making the loan.

               ii)    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.

               iii)   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.












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               iv)    The individual receiving the firearm is not  
                 prohibited by state or federal law from possessing,  
                 receiving, owning, or purchasing a firearm.

               v)     The individual receiving the firearm is 18 years of  
                 age or older.

               vi)    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.

               vii)   One of the following applies:



                  (1)       The firearm is maintained within a locked  
                    container.

                  (2)       The firearm is disabled by a firearm safety  
                    device.

                  (3)       The firearm is maintained within a locked gun  
                    safe.

                  (4)       The firearm is locked with a locking device,  
                    as defined in Section 16860, which has rendered the  
                    firearm inoperable.



               viii)  The loan does not exceed 30 days in duration.

               ix)    The loan is made without consideration.

               x)     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.











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               i)     Both parties to the loan have signed copies of the  
                 writing, as specified.


          4)Stolen Firearms:  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. 


          5)Argument in Support:  According to Peace Officers Research  
            Association of California, "This bill would require the  
            Department of Justice to modify its registration form so that  
            both spouses or both domestic partners may register as the  
            owners of the firearm and would require the department to  
            maintain both names on the firearm's registry.  The bill would  
            make related findings and declarations?PORAC supports this  
            bill."  


          6)Argument in Opposition:  According to Safari Club  
            International, "Although joint registration of firearms for  
            spouses or domestic partners is desirable, it does not  
            outweigh our concerns with the provision of the bill that  
            would require all firearms that are loaned pursuant to the  
            proposed loan provisions to be registered with the Department  
            of Justice in order to qualify for an exemption to the  











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            existing law that requires loans be processed through a  
            licensed firearms dealer."  


          7)Related Legislation:  AB 1551 (Santiago), specifies that the  
            infrequent loan of a firearm may only be made to family  
            members.  AB 1551 was passed by this committee on June 21,  
            2016 and is currently awaiting a vote on the Assembly Floor.    
             


          REGISTERED SUPPORT / OPPOSITION:




          Support


          Courage Campaign 


          Peace Officers Research Association of California 




          Opposition


          California Sportsman's Lobby 


          Gun Owners of California 


          Outdoor Sportsmen's Coalition of California 













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          Safari Club International 


          
          Analysis Prepared by:Gabriel Caswell / PUB. S. / (916)  
          319-3744