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
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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
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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
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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
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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