BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | SB 1332| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- VETO Bill No: SB 1332 Author: Mendoza (D) Amended: 8/19/16 Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 5-2, 4/5/16 AYES: Hancock, Glazer, Leno, Liu, Monning NOES: Anderson, Stone SENATE APPROPRIATIONS COMMITTEE: 5-2, 5/27/16 AYES: Lara, Beall, Hill, McGuire, Mendoza NOES: Bates, Nielsen SENATE FLOOR: 25-13, 6/2/16 AYES: Allen, Beall, Block, De León, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Wieckowski, Wolk NOES: Anderson, Bates, Berryhill, Fuller, Gaines, Huff, Moorlach, Morrell, Nguyen, Nielsen, Roth, Stone, Vidak NO VOTE RECORDED: Cannella, Runner SENATE FLOOR: 25-13, 8/25/16 AYES: Allen, Beall, Block, De León, Galgiani, Glazer, Hall, Hancock, Hernandez, Hertzberg, Hill, Hueso, Jackson, Lara, Leno, Leyva, Liu, McGuire, Mendoza, Mitchell, Monning, Pan, Pavley, Wieckowski, Wolk NOES: Anderson, Bates, Berryhill, Fuller, Gaines, Huff, Moorlach, Morrell, Nguyen, Nielsen, Roth, Stone, Vidak NO VOTE RECORDED: Cannella ASSEMBLY FLOOR: 47-30, 8/23/16 - See last page for vote SUBJECT: Firearms SB 1332 Page 2 SOURCE: Author DIGEST: This bill provides for the joint registration of firearms between spouses and domestic partners, as specified, and modifies existing firearm loan provisions. ANALYSIS: 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 Department of Justice (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. (Penal Code § 11106(a).) 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. (Penal Code § 11106 (b).) 3)Provides that any officer referred to in provisions of law related to who may receive state summary criminal history information may disseminate the name of the subject of the record, the number of the firearms listed in the record, and the description of any firearm, including the make, model, and caliber, from the record relating to any firearm's sale, transfer, registration, or license record, or any information reported to DOJ if certain conditions are met. (Penal Code § 11106(c)(1).) SB 1332 Page 3 4)Requires licensed firearms dealers, before they may deliver a firearm to a purchaser, to perform a background check on the purchaser through the federal National Instant Criminal Background Check System ("NICS"). (18 U.S.C §§ 921, et seq.) 5)Requires that, except as specified, all sales, loans, and transfers of firearms to be processed through or by a state-licensed firearms dealer or a local law enforcement agency. (Penal Code § 27545.) 6)Provides that there is a 10-day waiting period when purchasing a firearm through a firearms dealer. During which time, a background check is conducted and, if the firearm is a handgun, a handgun safety certificate is required prior to delivery of the firearm. (Penal Code §§ 26815, 26840(b) and 27540.) 7)Creates numerous exceptions to a variety of different and specified firearms transfer requirements, including penal code section 27545, for loans of firearms under a variety of different circumstances. The general categories of these exceptions are: a) For target shooting at target facility. (Penal Code § 26545.) b) To entertainment production. (Penal Code § 26580.) c) Several exceptions relating to law enforcement officers and government agencies (Penal Code §§ 2660, et seq.) d) For infrequent loan of non-handgun; curio or relic (Penal Code § 27966) [commencing January 1, 2014] e) To a consultant-evaluator. (Penal Code § 27005.) f) To minors. (Penal Code § 27505.) g) Infrequent loans to persons known to each other. (Penal Code § 27880.) h) Where the firearm stays within the presence of the owner. (Penal Code § 27885.) i) To a licensed hunter. (Penal Code § 27950.) This bill: SB 1332 Page 4 1)Provides for the joint registration of firearms between spouses and domestic partners, as specified, and modifies existing firearm loan provisions. 2)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. 3)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. 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; SB 1332 Page 5 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; 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. SB 1332 Page 6 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 "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. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: No SB 1332 Page 7 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 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 Web site to be signed and retained by parties seeking a specified exception to firearm loan requirements. SUPPORT: (Verified10/11/16) Peace Officers Research Association of California OPPOSITION: (Verified10/11/16) California Chapters of Safari Club International California Sportsman's Lobby Firearms Policy Coalition Outdoor Sportsmen's Coalition of California ARGUMENTS IN SUPPORT: According to the Author: California gun laws do not currently 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). Additionally, joint registration has been occurring when a firearm is brought into California from a state where joint registration is allowed. Joint spousal firearm registration exists in Hawaii, Maryland, SB 1332 Page 8 and New York. Allowing for joint spousal registration in California will bring consistency to law for a practice that is already occurring in the state. Joint spousal registration is especially important if one spouse dies, in which case, the firearm would remain safely in the possession of the surviving spouse. Too many preventable incidents occur in which injury is caused by irresponsible firearm use. In 2014, there were a total of 33,599 firearm deaths in the United States, 10,945 of which were homicides, according to the Centers for Disease Control (CDC). In California specifically, there were 2,942 firearm deaths and 1,813 homicides. In 2015, there were approximately 278 unintentional shootings by children aged 17 and under in the United States, resulting in 88 deaths. Because of existing loan exemptions, individuals who are personally known to each other may enter into a firearm loan transfer without going through a licensed firearm dealer and background check, if the loan does not exceed 30 days. This exception provides an opportunity of up to a month for a firearm to be in the possession of individuals who are legally prohibited from carrying one. Reducing the loan to 10 days decreases the chance of crimes being committed with the firearm, while still allowing for a loan in case there is necessity for it, including during a time of need for emergency protection. 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 officer's homes. Graham Barlowe, Agent of the U.S. 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). Although reports vary, stolen guns may account for roughly 15% of guns used in crimes, thus it is essential that a safekeeping program is available when a gun owner leaves their property. This bill will create greater safeguards to prevent firearms from falling into the wrong hands. SB 1332 Page 9 ARGUMENTS IN OPPOSITION: According to the Firearms Policy Coalition: SB 1332 addresses the loaning of firearms with several new passages about hyper-nuanced events that are all covered under current state and federal law, rendering these provisions redundant and unnecessary. In addition, also creates new classes of criminals for these mundane and lawful activities, which is unacceptable. . . This coupled with the numerous legislative findings, in an area of law that occupies a significant portion of the penal code, is how the California Law Revision Commission ended up being tasked with revising it in the first place (ACR 73- McCarthy of 2006). We have no position on the concept of joint registration, as long as it voluntary and minimally impacts the Department of Justice's ability to carry out its basic tasks - which is questionable - and minimally impacts the special funds whose coffers are filled solely by firearms purchasers. GOVERNOR'S VETO MESSAGE: I am returning Senate Bill 1332 without my signature. This bill provides for the joint registration of firearms between spouses and domestic partners and modifies existing firearm loan provisions. This bill creates millons of dollars in new and ongoing costs for the Department of Justice. The Department is already tasked with enforcing the many existing requirements of California firearms law. I do not believe that this additional burden and cost comes with a SB 1332 Page 10 commensurate public safety benefit. ASSEMBLY FLOOR: 47-30, 8/23/16 AYES: Alejo, Atkins, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Dababneh, Daly, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon NOES: Achadjian, Travis Allen, Arambula, Baker, Bigelow, Brough, Chang, Chávez, Dahle, Frazier, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk NO VOTE RECORDED: Cooley, Cooper, Gray ASSEMBLY FLOOR: 47-30, 8/23/16 AYES: Alejo, Atkins, Bloom, Bonilla, Bonta, Brown, Burke, Calderon, Campos, Chau, Chiu, Chu, Dababneh, Daly, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Roger Hernández, Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, McCarty, Medina, Mullin, Nazarian, O'Donnell, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone, Thurmond, Ting, Weber, Williams, Wood, Rendon NOES: Achadjian, Travis Allen, Arambula, Baker, Bigelow, Brough, Chang, Chávez, Dahle, Frazier, Beth Gaines, Gallagher, Grove, Hadley, Harper, Jones, Kim, Lackey, Linder, Maienschein, Mathis, Mayes, Melendez, Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk NO VOTE RECORDED: Cooley, Cooper, Gray Prepared by:Jessica Devencenzi / PUB. S. / 10/25/16 14:29:25 **** END **** SB 1332 Page 11