BILL ANALYSIS Ó
SB 1332
Page A
SENATE THIRD READING
SB
1332 (Mendoza)
As Amended August 15, 2016
Majority vote
SENATE VOTE: 25-13
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|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 | |
| | | | |
| | | | |
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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:
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<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