BILL ANALYSIS                                                                                                                                                                                                    






                                                                    SB 1332


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          SENATE THIRD READING


          SB  
          1332 (Mendoza)


          As Amended  August 15, 2016


          Majority vote


          SENATE VOTE:  25-13


           ------------------------------------------------------------------ 
          |Committee       |Votes|Ayes                  |Noes                |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Public Safety   |5-2  |Jones-Sawyer, Lopez,  |Melendez, Lackey    |
          |                |     |Low, Quirk, Santiago  |                    |
          |                |     |                      |                    |
          |----------------+-----+----------------------+--------------------|
          |Appropriations  |14-6 |Gonzalez, Bloom,      |Bigelow, Chang,     |
          |                |     |Bonilla, Bonta,       |Gallagher, Jones,   |
          |                |     |Calderon, Daly,       |Obernolte, Wagner   |
          |                |     |Eggman, Eduardo       |                    |
          |                |     |Garcia, Holden,       |                    |
          |                |     |Quirk, Santiago,      |                    |
          |                |     |Weber, Wood, McCarty  |                    |
          |                |     |                      |                    |
          |                |     |                      |                    |
           ------------------------------------------------------------------ 


          SUMMARY:  Provides for the joint registration of firearms  











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          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. 
          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;













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             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. 


          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;











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             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;  
                 or


               iv)    The firearm is locked with a locking device, as  
                 defined in Penal Code 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  











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            "resides within the same residence," as specified. 
          6)Specifies that the revenue deposited into the Firearms Safety  
            and Enforcement Special Fund may be utilized to implement the  
            joint spousal registration provisions of this legislation.  


          7)Double joins this bill with AB 857 (Cooper) of the current  
            legislative session, to prevent chaptering out issues.  


          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 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.  


          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. 


          FISCAL EFFECT:  According to the Assembly Appropriations  
          Committee, 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:  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. [United States] 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  
          [National Instant Criminal Background Check System] 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 personnel (18 USC  
          925(a)(1)).  The FBI [Federal Bureau of Investigation] in  
          implementing NICS has very stringent requirements for granting a  
          Brady Permit which is why most states do not have  












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          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."  


          Please see the policy committee analysis for a full discussion  
          of this bill.


          Analysis Prepared by:                                             
          ---------------------------
          <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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                          Gabriel Caswell / PUB. S. / (916) 319-3744  FN:  
          0004076