BILL ANALYSIS Ó SB 1332 Page 1 Date of Hearing: August 3, 2016 ASSEMBLY COMMITTEE ON APPROPRIATIONS Lorena Gonzalez, Chair SB 1332 (Mendoza) - As Amended August 1, 2016 ----------------------------------------------------------------- |Policy |Public Safety |Vote:|5 - 2 | |Committee: | | | | | | | | | | | | | | ----------------------------------------------------------------- Urgency: No State Mandated Local Program: NoReimbursable: No SUMMARY: This bill provides, beginning January 1, 2019, for the joint registration with the Department of Justice (DOJ) of firearms between spouses and domestic partners, as specified, and modifies existing firearm loan provisions. FISCAL EFFECT: First-year cost of $1.1 million and second year cost of $1.3 million to DOJ (Firearm Safety and Enforcement Special Fund) to enable joint firearms registration. This cost includes SB 1332 Page 2 automation modifications to the existing firearms registration system, development of revised regulations, and staff overtime; there are also ongoing costs of $150,000 for new registrations. One-time minor costs (same 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. COMMENTS: 1)Background. California gun laws do not explicitly 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). 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. 2)Purpose. According to the author, "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. SB 1332 Page 3 California gun laws do not currently expressly permit spousal joint registration and ownership of a firearm save for .50 BMG rifles and assault weapons." 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. This bill also exempts law enforcement personnel of a governmental agency from the existing transfer and loan registration requirements under specified conditions, such as when the transfer or loan occurs for the exclusive use of that governmental agency. 3)Related Legislation. AB 1511 (Santiago) Chapter 41 of 2016, specifies that the infrequent loan of a firearm may only be made to family members. 4)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." 5)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 SB 1332 Page 4 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 existing law that requires loans be processed through a licensed firearms dealer." Analysis Prepared by:Pedro Reyes / APPR. / (916) 319-2081