BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    SB 1332  


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          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  








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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.  








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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