Amended in Assembly August 15, 2016

Amended in Assembly August 1, 2016

Amended in Senate May 31, 2016

Amended in Senate April 12, 2016

Senate BillNo. 1332


Introduced by Senator Mendoza

February 19, 2016


An act to amend Sections 11106, 17060, 26600, 27050, 27600,begin insert 28300,end insert and 31705 of, and to add Sections 27881 and 27882 to, the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

SB 1332, as amended, Mendoza. Firearms.

Existing law requires the Attorney General to maintain a registry of all firearm owners consisting of the name, address, identification of, place of birth, complete telephone number, occupation, sex, description, and all legal names and aliases used by the owner of a particular firearm as listed on the Dealer’s Record of Sale or other specified reports.

begin insert

Existing law establishes the Firearms Safety and Enforcement Special Fund and makes the revenue deposited into that fund available for expenditure by the department upon appropriation by the Legislature for purposes relating to the regulation of firearms.

end insert

This bill would, commencing January 1, 2019, 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 firearms registry.begin insert The bill would additionally make the revenue in the Firearms Safety and Enforcement Special Fund available for the purpose of implementing this registration process.end insert

Existing law also requires the Attorney General to maintain information regarding firearms from certain other reports pertaining to firearms transactions and authorizes specified officers, including peace officers, to disseminate information from specified reports if certain conditions are satisfied, including if the subject of the record has been arraigned for a crime.

This bill would additionally require the Attorney General to maintain the information supplied to the Department of Justice in certain forms submitted by persons who take possession of a firearm pursuant to a specified exception to the general requirement that firearms transactions be completed through a licensed firearms dealer and would authorize information in those forms to be disseminated pursuant to the above provisions.

Existing law requires the loan of a firearm to be conducted through a licensed firearms dealer. Existing law makes a violation of this requirement a crime.

The bill would create exceptions to the dealer requirement for a loan of a firearm that occurs at the individual receiving the firearm and lender’s shared residence or private property and for a loan in which the firearm is being stored in the receiver’s residence or in an enclosed structure on the receiver’s private property, if certain criteria are met.

This bill would incorporate changes to Section 11106 of the Penal Code proposed by both this bill and AB 857, which would become operative only if both bills are enacted and become effective on or before January 1, 2017, and this bill is chaptered last.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1

SECTION 1.  

(a) The Legislature finds and declares all of the
2following:

3(1) Under current state procedures, the initial acquisition process
4to acquire a firearm includes, among other requirements, a
5background check, a firearm safety certificate, and, upon
6completion of the process, registration of that firearm to that person
7in the Centralized Registry as set forth in Section 11106 of the
8Penal Code.

P3    1(2) The current background check and registration process
2allows only one person to initially acquire and be the registered
3owner of that firearm.

4(3) The California Constitution provides that property owned
5before marriage or acquired during marriage by gift, will, or
6inheritance is separate property.

7(4) Community property rights are protected through the Due
8Process Clause and other clauses of the California Constitution.

9(5) On July 20, 2015, the California Supreme Court in the case
10In re Marriage of Davis (2015) 61 Cal.4th 846 confirmed that
11Section 760 of the Family Code specifically allows property
12acquired by the spouses during the marriage not to be treated as
13community property where otherwise provided by statute.

14(6) Allowing property acquired by spouses during the marriage
15not to be treated as community property where otherwise provided
16by statute was foreshadowed by the decision of the Court of
17Appeals in Crosby v. H.L.C. Properties LTD (2014) 223
18Cal.App.4th 597, 609, fn. 10.

19(7) Under current law, a person who is licensed to carry a
20handgun in public is licensed to carry a specific handgun, and in
21many jurisdictions licensing authorities license both spouses to
22carry the same handgun, but in other jurisdictions licenses to carry
23will not be issued unless the handgun is first registered to the
24applicant.

25(8) Because carry license information is reported to the
26Department of Justice and is required to be included in the
27Centralized Registry, joint registration is occurring today, albeit
28under the carry license system.

29(9) Joint family firearm registration is expressly allowed for
30assault weapons and .50 BMG rifles.

31(10) Joint spousal firearm registration exists in Hawaii,
32Maryland, and New York.

33(11) Firearms initially constituting separate property may be
34jointly registered to a spouse via the transmutation process and via
35the operation of law procedures set forth in subdivision (g) of
36Section 16990 and paragraph (2) of subdivision (a) of Section
3727920 of the Penal Code, without being processed through a
38state-licensed firearms dealer. The clear intent of those provisions
39is to allow joint spousal registration via that process but not to
40otherwise permit joint registration. The amendments to Section
P4    111106 of the Penal Code made by the act that added this section,
2insofar as relevant, are designed to effectuate that intent.

3(12) Also via the operation of law process, separate property of
4one spouse may be transmuted to another spouse as separate
5property.

6(13) Firearms brought into this state by new residents which
7were acquired outside of this state by such persons when residents
8of that other state are being allowed to be jointly registered in
9effect to both spouses pursuant to the procedures set forth in
10Section 27560 of the Penal Code, without being processed through
11a state-licensed firearms dealer. The amendments made to Section
1211106 of the Penal Code by the act that added this section, insofar
13as relevant, are designed to allow that to continue if it is occurring
14now.

15(14) The Department of Justice, pursuant to Section 28000 of
16the Penal Code, allows a person to deregister a firearm if certain
17conditions are met, including, among other conditions, providing
18the department with official documentation that the firearm has,
19in fact, been disposed of. The amendments made to Section 11106
20of the Penal Code by the act that added this section, insofar as
21relevant, are designed to allow that to continue if it is occurring
22now.

23(15) The process of deregistering a firearm by filing a form
24pursuant to Section 28000 of the Penal Code detailing the disposal
25of a firearm because the firearm was transferred to another requires
26submission to the department of a formal department-generated
27document stating that the firearm was reregistered. If the
28disposition form is not submitted pursuant to Section 28000 of the
29Penal Code, then a firearm may in effect be technically listed as
30being registered to both parties involved in the transfer.

31(16) There are legitimate concerns that if joint firearm
32registration is explicitly allowed by virtue of the amendments made
33to Section 11106 of the Penal Code by the act that added this
34section, it may create a number of issues regarding third-party
35rights when the time comes to dispose of those jointly registered
36firearms. Those concerns exist now as to jointly registered .50
37BMG rifles and assault weapons.

38(b) It is the intent of the Legislature, if joint firearm registration
39does not occur pursuant to the amendments made to Section 11106
40of the Penal Code by the act that added this section, to enact
P5    1legislation that will go into effect prior to January 1, 2019, to
2implement an explicit joint firearm registration system in a
3user-friendly manner that protects public safety and does not
4complicate the disposition of firearms that are jointly registered.

5(c) It is also the intent of the Legislature that the Department of
6Justice make available on its Internet Web site, in an editable public
7display format, the form referred to in Section 27882 of the Penal
8Code.

9

SEC. 2.  

Section 11106 of the Penal Code is amended to read:

10

11106.  

(a) (1) In order to assist in the investigation of crime,
11the prosecution of civil actions by city attorneys pursuant to
12paragraph (3) of subdivision (b), the arrest and prosecution of
13criminals, and the recovery of lost, stolen, or found property, the
14Attorney General shall keep and properly file a complete record
15of all of the following:

16(A) All copies of fingerprints.

17(B) Copies of licenses to carry firearms issued pursuant to
18Section 26150, 26155, 26170, or 26215.

19(C) Information reported to the Department of Justice pursuant
20to Section 26225, 27875, 27920, 27966, or 29830.

21(D) Dealers’ records of sales of firearms.

22(E) Reports provided pursuant to Article 1 (commencing with
23Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
24pursuant to any provision listed in subdivision (a) of Section 16585.

25(F) Forms provided pursuant to Section 12084, as that section
26read prior to being repealed on January 1, 2006.

27(G) Reports provided pursuant to Article 1 (commencing with
28Section 26700) and Article 2 (commencing with Section 26800)
29of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’
30records of sales of firearms.

31(H) Information provided pursuant to Section 28255.

32(I) Reports of stolen, lost, found, pledged, or pawned property
33in any city or county of this state.

34(2) The Attorney General shall, upon proper application therefor,
35furnish the information to the officers referred to in Section 11105.

36(b) (1) The Attorney General shall permanently keep and
37properly file and maintain all information reported to the
38Department of Justice pursuant to the following provisions as to
39firearms and maintain a registry thereof:

P6    1(A) Article 1 (commencing with Section 26700) and Article 2
2(commencing with Section 26800) of Chapter 2 of Division 6 of
3Title 4 of Part 6.

4(B) Article 1 (commencing with Section 27500) of Chapter 4
5of Division 6 of Title 4 of Part 6.

6(C) Chapter 5 (commencing with Section 28050) of Division 6
7of Title 4 of Part 6.

8(D) Any provision listed in subdivision (a) of Section 16585.

9(E) Former Section 12084.

10(F) Section 28255.

11(G) Any other law.

12(2) The registry shall consist of all of the following:

13(A) The name, address, identification of, place of birth (state
14or country), complete telephone number, occupation, sex,
15description, and all legal names and aliases ever used by the owner
16or person being loaned the particular firearm as listed on the
17information provided to the department on the Dealers’ Record of
18Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
19in former Section 12084, or reports made to the department
20pursuant to any provision listed in subdivision (a) of Section 16585,
21Section 28255, or any other law.

22(B) The name and address of, and other information about, any
23person (whether a dealer or a private party) from whom the owner
24acquired or the person being loaned the particular firearm and
25when the firearm was acquired or loaned as listed on the
26information provided to the department on the Dealers’ Record of
27Sale, the LEFT, or reports made to the department pursuant to any
28provision listed in subdivision (a) of Section 16585 or any other
29law.

30(C) Any waiting period exemption applicable to the transaction
31which resulted in the owner of or the person being loaned the
32particular firearm acquiring or being loaned that firearm.

33(D) The manufacturer’s name if stamped on the firearm, model
34name or number if stamped on the firearm, and, if applicable, the
35serial number, other number (if more than one serial number is
36stamped on the firearm), caliber, type of firearm, if the firearm is
37new or used, barrel length, and color of the firearm, or, if the
38firearm is not a handgun and does not have a serial number or any
39identification number or mark assigned to it, that shall be noted.

P7    1(E) Commencing January 1, 2019, the name of the person and
2his or her spouse or domestic partner if the firearm is registered
3to both persons. The department shall modify its registration forms
4to the extent necessary, if it has not already done so, so that both
5spouses or both domestic partners may register as the owners of
6the firearm. This subparagraph shall not require the department to
7change the Dealer’s Record of Sale form.

8(3) Information in the registry referred to in this subdivision
9shall, upon proper application therefor, be furnished to the officers
10referred to in Section 11105, to a city attorney prosecuting a civil
11action, solely for use in prosecuting that civil action and not for
12any other purpose, or to the person listed in the registry as the
13owner or person who is listed as being loaned the particular firearm.

14(4) If any person is listed in the registry as the owner of a firearm
15through a Dealers’ Record of Sale prior to 1979, and the person
16listed in the registry requests by letter that the Attorney General
17store and keep the record electronically, as well as in the record’s
18existing photographic, photostatic, or nonerasable optically stored
19 form, the Attorney General shall do so within three working days
20of receipt of the request. The Attorney General shall, in writing,
21and as soon as practicable, notify the person requesting electronic
22storage of the record that the request has been honored as required
23by this paragraph.

24(c) (1) If the conditions specified in paragraph (2) are met, any
25officer referred to in paragraphs (1) to (6), inclusive, of subdivision
26(b) of Section 11105 may disseminate the name of the subject of
27the record, the number of the firearms listed in the record, and the
28description of any firearm, including the make, model, and caliber,
29from the record relating to any firearm’s sale, transfer, registration,
30or license record, or any information reported to the Department
31of Justice pursuant to any of the following:

32(A) Section 26225, 27875, 27920, or 27966.

33(B) Article 1 (commencing with Section 26700) and Article 2
34(commencing with Section 26800) of Chapter 2 of Division 6 of
35Title 4 of Part 6.

36(C) Article 1 (commencing with Section 27500) of Chapter 4
37of Division 6 of Title 4 of Part 6.

38(D) Chapter 5 (commencing with Section 28050) of Division
396 of Title 4 of Part 6.

P8    1(E) Article 2 (commencing with Section 28150) of Chapter 6
2of Division 6 of Title 4 of Part 6.

3(F) Article 5 (commencing with Section 30900) of Chapter 2
4of Division 10 of Title 4 of Part 6.

5(G) Chapter 2 (commencing with Section 33850) of Division
611 of Title 4 of Part 6.

7(H) Any provision listed in subdivision (a) of Section 16585.

8(2) Information may be disseminated pursuant to paragraph (1)
9only if all of the following conditions are satisfied:

10(A) The subject of the record has been arraigned for a crime in
11which the victim is a person described in Section 6211 of the
12Family Code and is being prosecuted or is serving a sentence for
13the crime, or the subject of the record is the subject of an
14emergency protective order, a temporary restraining order, or an
15order after hearing, which is in effect and has been issued by a
16family court under the Domestic Violence Protection Act set forth
17in Division 10 (commencing with Section 6200) of the Family
18Code.

19(B) The information is disseminated only to the victim of the
20crime or to the person who has obtained the emergency protective
21order, the temporary restraining order, or the order after hearing
22issued by the family court.

23(C) Whenever a law enforcement officer disseminates the
24information authorized by this subdivision, that officer or another
25officer assigned to the case shall immediately provide the victim
26of the crime with a “Victims of Domestic Violence” card, as
27specified in subparagraph (H) of paragraph (9) of subdivision (c)
28of Section 13701.

29(3) The victim or person to whom information is disseminated
30pursuant to this subdivision may disclose it as he or she deems
31necessary to protect himself or herself or another person from
32bodily harm by the person who is the subject of the record.

33

SEC. 2.5.  

Section 11106 of the Penal Code is amended to read:

34

11106.  

(a) (1) In order to assist in the investigation of crime,
35the prosecution of civil actions by city attorneys pursuant to
36paragraph (3) of subdivision (b), the arrest and prosecution of
37criminals, and the recovery of lost, stolen, or found property, the
38Attorney General shall keep and properly file a complete record
39of all of the following:

40(A) All copies of fingerprints.

P9    1(B) Copies of licenses to carry firearms issued pursuant to
2Section 26150, 26155, 26170, or 26215.

3(C) Information reported to the Department of Justice pursuant
4to Section 26225, 27875, 27920, 27966, 29180, or 29830.

5(D) Dealers’ records of sales of firearms.

6(E) Reports provided pursuant to Article 1 (commencing with
7Section 27500) of Chapter 4 of Division 6 of Title 4 of Part 6, or
8pursuant to any provision listed in subdivision (a) of Section 16585.

9(F) Forms provided pursuant to Section 12084, as that section
10read prior to being repealed on January 1, 2006.

11(G) Reports provided pursuant to Article 1 (commencing with
12Section 26700) and Article 2 (commencing with Section 26800)
13of Chapter 2 of Division 6 of Title 4 of Part 6, that are not dealers’
14records of sales of firearms.

15(H) Information provided pursuant to Section 28255.

16(I) Reports of stolen, lost, found, pledged, or pawned property
17in any city or county of this state.

18(2) The Attorney General shall, upon proper application therefor,
19furnish the information to the officers referred to in Section 11105.

20(b) (1) The Attorney General shall permanently keep and
21properly file and maintain all information reported to the
22Department of Justice pursuant to the following provisions as to
23firearms and maintain a registry thereof:

24(A) Article 1 (commencing with Section 26700) and Article 2
25(commencing with Section 26800) of Chapter 2 of Division 6 of
26Title 4 of Part 6.

27(B) Article 1 (commencing with Section 27500) of Chapter 4
28of Division 6 of Title 4 of Part 6.

29(C) Chapter 5 (commencing with Section 28050) of Division 6
30of Title 4 of Part 6.

31(D) Any provision listed in subdivision (a) of Section 16585.

32(E) Former Section 12084.

33(F) Section 28255.

34(G) Section 29180.

35(H) Any other law.

36(2) The registry shall consist of all of the following:

37(A) The name, address, identification of, place of birth (state
38or country), complete telephone number, occupation, sex,
39description, and all legal names and aliases ever used by the owner
40or person being loaned the particular firearm as listed on the
P10   1information provided to the department on the Dealers’ Record of
2Sale, the Law Enforcement Firearms Transfer (LEFT), as defined
3in former Section 12084, or reports made to the department
4pursuant to any provision listed in subdivision (a) of Section 16585,
5Section 28255 or 29180, or any other law.

6(B) The name and address of, and other information about, any
7person (whether a dealer or a private party) from whom the owner
8acquired or the person being loaned the particular firearm and
9when the firearm was acquired or loaned as listed on the
10information provided to the department on the Dealers’ Record of
11Sale, the LEFT, or reports made to the department pursuant to any
12provision listed in subdivision (a) of Section 16585 or any other
13law.

14(C) Any waiting period exemption applicable to the transaction
15which resulted in the owner of or the person being loaned the
16particular firearm acquiring or being loaned that firearm.

17(D) The manufacturer’s name if stamped on the firearm, model
18name or number if stamped on the firearm, and, if applicable, the
19serial number, other number (if more than one serial number is
20stamped on the firearm), caliber, type of firearm, if the firearm is
21new or used, barrel length, and color of the firearm, or, if the
22firearm is not a handgun and does not have a serial number or any
23identification number or mark assigned to it, that shall be noted.

24(E) Commencing January 1, 2019, the name of the person and
25his or her spouse or domestic partner if the firearm is registered
26to both persons. The department shall modify its registration forms
27to the extent necessary, if it has not already done so, so that both
28spouses or both domestic partners may register as the owners of
29the firearm. This subparagraph shall not require the department to
30change the Dealer’s Record of Sale form.

31(3) Information in the registry referred to in this subdivision
32shall, upon proper application therefor, be furnished to the officers
33referred to in Section 11105, to a city attorney prosecuting a civil
34action, solely for use in prosecuting that civil action and not for
35any other purpose, or to the person listed in the registry as the
36owner or person who is listed as being loaned the particular firearm.

37(4) If any person is listed in the registry as the owner of a firearm
38through a Dealers’ Record of Sale prior to 1979, and the person
39listed in the registry requests by letter that the Attorney General
40store and keep the record electronically, as well as in the record’s
P11   1existing photographic, photostatic, or nonerasable optically stored
2form, the Attorney General shall do so within three working days
3of receipt of the request. The Attorney General shall, in writing,
4and as soon as practicable, notify the person requesting electronic
5storage of the record that the request has been honored as required
6by this paragraph.

7(c) (1) If the conditions specified in paragraph (2) are met, any
8officer referred to in paragraphs (1) to (6), inclusive, of subdivision
9(b) of Section 11105 may disseminate the name of the subject of
10the record, the number of the firearms listed in the record, and the
11description of any firearm, including the make, model, and caliber,
12from the record relating to any firearm’s sale, transfer, registration,
13or license record, or any information reported to the Department
14of Justice pursuant to any of the following:

15(A) Section 26225, 27875, 27920, or 27966.

16(B) Article 1 (commencing with Section 26700) and Article 2
17(commencing with Section 26800) of Chapter 2 of Division 6 of
18Title 4 of Part 6.

19(C) Article 1 (commencing with Section 27500) of Chapter 4
20of Division 6 of Title 4 of Part 6.

21(D) Chapter 5 (commencing with Section 28050) of Division
226 of Title 4 of Part 6.

23(E) Article 2 (commencing with Section 28150) of Chapter 6
24of Division 6 of Title 4 of Part 6.

25(F) Article 5 (commencing with Section 30900) of Chapter 2
26of Division 10 of Title 4 of Part 6.

27(G) Chapter 2 (commencing with Section 33850) of Division
2811 of Title 4 of Part 6.

29(H) Any provision listed in subdivision (a) of Section 16585.

30(2) Information may be disseminated pursuant to paragraph (1)
31only if all of the following conditions are satisfied:

32(A) The subject of the record has been arraigned for a crime in
33which the victim is a person described in Section 6211 of the
34Family Code and is being prosecuted or is serving a sentence for
35the crime, or the subject of the record is the subject of an
36emergency protective order, a temporary restraining order, or an
37order after hearing, which is in effect and has been issued by a
38family court under the Domestic Violence Protection Act set forth
39in Division 10 (commencing with Section 6200) of the Family
40Code.

P12   1(B) The information is disseminated only to the victim of the
2crime or to the person who has obtained the emergency protective
3order, the temporary restraining order, or the order after hearing
4issued by the family court.

5(C) Whenever a law enforcement officer disseminates the
6information authorized by this subdivision, that officer or another
7officer assigned to the case shall immediately provide the victim
8of the crime with a “Victims of Domestic Violence” card, as
9specified in subparagraph (H) of paragraph (9) of subdivision (c)
10of Section 13701.

11(3) The victim or person to whom information is disseminated
12pursuant to this subdivision may disclose it as he or she deems
13necessary to protect himself or herself or another person from
14bodily harm by the person who is the subject of the record.

15

SEC. 3.  

Section 17060 of the Penal Code is amended to read:

16

17060.  

(a) As used in Section 25135, “residence” means any
17structure intended or used for human habitation, including, but not
18limited to, houses, condominiums, rooms, motels, hotels,
19time-shares, and recreational or other vehicles where human
20habitation occurs.

21(b) As used in Section 27881, “resides within the same
22residence” means that the individuals reside within the same
23structure intended or used for human habitation, including, but not
24limited to, houses, condominiums, and rooms, where human
25habitation occurs, but does not mean individuals who reside within
26discrete units of an apartment building, apartment complex, duplex,
27or other similar complex.

28(c) As used in Section 27882, “residence” means any structure
29intended or used for human habitation, including, but not limited
30to, houses, condominiums, rooms, motels, hotels, and time-shares,
31but does not include a recreational or other vehicle where human
32habitation occurs.

33

SEC. 4.  

Section 26600 of the Penal Code is amended to read:

34

26600.  

(a) Section 26500 does not apply to any sale, delivery,
35transfer, or loan of firearms made to an authorized law enforcement
36representative of any city, county, city and county, or state, or of
37the federal government, for exclusive use by that governmental
38agency if, prior to the sale, delivery, transfer, or loan of these
39firearms, written authorization from the head of the agency
P13   1authorizing the transaction is presented to the person from whom
2the purchase, delivery, transfer, or loan is being made.

3(b) Proper written authorization is defined as verifiable written
4certification from the head of the agency by which the purchaser
5or transferee is employed, identifying the employee as an individual
6authorized to conduct the transaction, and authorizing the
7transaction for the exclusive use of the agency by which that person
8is employed.

9(c) Within 10 days of the date a firearm is acquired or received
10by the agency pursuant to this section, a record of the same shall
11be entered as an institutional weapon into the Automated Firearms
12System (AFS) via the California Law Enforcement
13Telecommunications System (CLETS) by the law enforcement or
14state agency. Any agency without access to AFS shall arrange with
15the sheriff of the county in which the agency is located to input
16this information via this system.

17

SEC. 5.  

Section 27050 of the Penal Code is amended to read:

18

27050.  

(a) Article 1 (commencing with Section 26700) and
19Article 2 (commencing with Section 26800) do not apply to any
20sale, delivery, transfer, or loan of firearms made to an authorized
21law enforcement representative of any city, county, city and county,
22or state, or of the federal government, for exclusive use by that
23governmental agency if, prior to the sale, delivery, transfer, or loan
24of these firearms, written authorization from the head of the agency
25authorizing the transaction is presented to the person from whom
26the purchase, delivery, transfer, or loan is being made.

27(b) Proper written authorization is defined as verifiable written
28certification from the head of the agency by which the purchaser,
29recipient, or transferee is employed, identifying the employee as
30an individual authorized to conduct the transaction, and authorizing
31the transaction for the exclusive use of the agency by which that
32person is employed.

33(c) Within 10 days of the date a firearm is acquired or received
34by the agency pursuant to this section, a record of the same shall
35be entered as an institutional weapon into the Automated Firearms
36System (AFS) via the California Law Enforcement
37Telecommunications System (CLETS) by the law enforcement or
38state agency. Any agency without access to AFS shall arrange with
39the sheriff of the county in which the agency is located to input
40this information via this system.

P14   1

SEC. 6.  

Section 27600 of the Penal Code is amended to read:

2

27600.  

(a) Article 1 (commencing with Section 27500) does
3not apply to any sale, delivery, transfer, or loan of firearms made
4to, or the importation of firearms by, an authorized law enforcement
5representative of any city, county, city and county, or state, or of
6the federal government, for exclusive use by that governmental
7agency if, prior to the sale, delivery, transfer, loan, or importation
8of these firearms, written authorization from the head of the agency
9authorizing the transaction is presented to the person from whom
10the purchase, delivery, transfer, or loan is being made or from
11whom the firearm is being imported.

12(b) Proper written authorization is defined as verifiable written
13certification from the head of the agency by which the purchaser,
14recipient, or transferee is employed, identifying the employee as
15an individual authorized to conduct the transaction, and authorizing
16the transaction for the exclusive use of the agency by which that
17person is employed.

18(c) Within 10 days of the date a firearm is acquired or received
19by the agency pursuant to this section, a record of the same shall
20be entered as an institutional weapon into the Automated Firearms
21System (AFS) via the California Law Enforcement
22Telecommunications System (CLETS) by the law enforcement or
23state agency. Any agency without access to the AFS shall arrange
24with the sheriff of the county in which the agency is located to
25input this information via this system.

26(d) Any agency that is the registered owner of an institutional
27weapon in accordance with subdivision (c) that subsequently
28destroys that weapon shall enter information that the weapon has
29been destroyed into the Automated Firearms System (AFS) via
30the California Law Enforcement Telecommunications System
31(CLETS) within 10 days of the destruction in accordance with
32procedures prescribed by the Department of Justice. Any agency
33without access to the AFS shall arrange with the sheriff of the
34county in which the agency is located to input this information via
35this system.

36

SEC. 7.  

Section 27881 is added to the Penal Code, to read:

37

27881.  

Section 27545 does not apply to the loan of a firearm
38provided all of the following are met:

39(a) The firearm being loaned is registered to the person making
40the loan pursuant to Section 11106.

P15   1(b) The loan occurs within the individual receiving the firearm
2and lender’s shared place of residence or private property, which
3is not zoned for commercial, retail, or industrial activity.

4(c) The firearm at all times stays within the individual receiving
5the firearm and lender’s shared place of residence or private
6property, which is not zoned for commercial, retail, or industrial
7 activity.

8(d) The individual receiving the firearm is not prohibited by
9state or federal law from possessing, receiving, owning, or
10purchasing a firearm.

11(e) The individual receiving the firearm is 18 years of age or
12older.

13(f) The individual receiving the firearm has a valid firearm safety
14certificate, except that if the firearm being loaned is a handgun,
15the individual may instead have an unexpired handgun safety
16certificate.

17(g) The person being loaned the firearm resides within the same
18residence as the lender.

19

SEC. 8.  

Section 27882 is added to the Penal Code, to read:

20

27882.  

Section 27545 does not apply to the loan of a firearm
21provided all of the following are met:

22(a) The firearm being loaned is registered to the person making
23the loan pursuant to Section 11106.

24(b) The firearm being loaned is stored in the receiver’s place of
25residence or in an enclosed structure on the receiver’s private
26property, which is not zoned for commercial, retail, or industrial
27activity.

28(c) The firearm at all times stays within the receiver’s place of
29residence or in an enclosed structure on the receiver’s private
30property, which is not zoned for commercial, retail, or industrial
31activity.

32(d) The individual receiving the firearm is not prohibited by
33state or federal law from possessing, receiving, owning, or
34purchasing a firearm.

35(e) The individual receiving the firearm is 18 years of age or
36older.

37(f) The individual receiving the firearm has a valid firearm safety
38certificate, except that if the firearm being loaned is a handgun,
39the individual may instead have an unexpired handgun safety
40certificate.

P16   1(g) One of the following applies:

2(1) The firearm is maintained within a locked container.

3(2) The firearm is disabled by a firearm safety device.

4(3) The firearm is maintained within a locked gun safe.

5(4) The firearm is locked with a locking device, as defined in
6Section 16860, which has rendered the firearm inoperable.

7(h) The loan does not exceed 30 days in duration.

8(i) The loan is made without consideration.

9(j) There is writing in a format prescribed by the Department
10of Justice that explains the obligations imposed by this section that
11is signed by both the party loaning the firearm for storage and the
12person receiving the firearm.

13(k) Both parties to the loan have signed copies of the writing
14required by subdivision (j).

15begin insert

begin insertSEC. 9.end insert  

end insert

begin insertSection 28300 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

16

28300.  

(a) The Firearms Safety and Enforcement Special Fund
17is hereby established in the State Treasury and shall be
18administered by the Department of Justice.

19(b) The Department of Justice may require firearms dealers to
20charge each person who obtains a firearm a fee not to exceed five
21dollars ($5) for each transaction, except that the fee may be
22increased at a rate not to exceed any increase in the California
23Consumer Price Index as compiled and reported by the Department
24of Industrial Relations, and not to exceed the reasonable cost of
25regulation to the department. Revenues from this fee shall be
26deposited in the Firearms Safety and Enforcement Special Fund.

27(c) Revenue deposited into the Firearms Safety and Enforcement
28Special Fund shall be available for expenditure by the Department
29of Justice upon appropriation by the Legislature forbegin delete the purpose
30of implementingend delete
begin insert all of the following:end insert

31begin insert(1)end insertbegin insertend insertbegin insertImplementingend insert and enforcing the provisions of Article 2
32(commencing with Section 31610) of Chapter 4 of Divisionbegin delete 10,
33enforcingend delete
begin insert 10.end insert

34begin insert(2)end insertbegin insertend insertbegin insertEnforcingend insert Sectionbegin delete 830.95, Titleend deletebegin insert 830.95.end insert

begin insert

35
(3) Implementing subparagraph (E) of paragraph (2) of
36subdivision (b) of Section 11106.

end insert

37begin insert(4)end insertbegin insertend insertbegin insertEnforcing Titleend insert 2 (commencing with Section 12001) of Part
38
begin delete 4,end deletebegin insert 4.end insert

39begin insert(5)end insertbegin insertend insertbegin insertEnforcingend insert Sections 16000 to 16960,begin delete inclusive,end deletebegin insert inclusive.end insert

40begin insert(6)end insertbegin insertend insertbegin insertEnforcingend insert Sections 16970 to 17230,begin delete inclusive,end deletebegin insert inclusive.end insert

P17   1begin insert(7)end insertbegin insertend insertbegin insertEnforcingend insert Sections 17240 to 21390,begin delete inclusive, andend deletebegin insert inclusive.end insert

2begin insert(8)end insertbegin insertend insertbegin insertEnforcingend insert Sections 21590 to 34370,begin delete inclusive, and for theend delete
3
begin insert inclusive.end insert

4begin insert(9)end insertbegin insertend insertbegin insertTheend insert establishment, maintenance, and upgrading of equipment
5and services necessary for firearms dealers to comply with Article
62 (commencing with Section 28150).

7

begin deleteSEC. 9.end delete
8
begin insertSEC. 10.end insert  

Section 31705 of the Penal Code is amended to read:

9

31705.  

(a) Subdivision (a) of Section 31615 does not apply
10to any sale, delivery, transfer, or loan of firearms made to an
11authorized law enforcement representative of any city, county,
12city and county, or state, or of the federal government, for exclusive
13use by that governmental agency if, prior to the sale, delivery,
14transfer, or loan of these firearms, written authorization from the
15head of the agency authorizing the transaction is presented to the
16person from whom the purchase, delivery, transfer, or loan is being
17made.

18(b) Proper written authorization is defined as verifiable written
19certification from the head of the agency by which the purchaser,
20recipient, or transferee is employed, identifying the employee as
21an individual authorized to conduct the transaction, and authorizing
22the transaction for the exclusive use of the agency by which that
23person is employed.

24(c) Within 10 days of the date a firearm is acquired or received
25by the agency pursuant to this section, a record of the same shall
26be entered as an institutional weapon into the Automated Firearms
27System (AFS) via the California Law Enforcement
28Telecommunications System (CLETS) by the law enforcement or
29state agency. Any agency without access to AFS shall arrange with
30the sheriff of the county in which the agency is located to input
31this information via this system.

32

begin deleteSEC. 10.end delete
33
begin insertSEC. 11.end insert  

The Legislature finds and declares that the
34amendments made to Sections 26600, 27050, 27600, and 31705
35of the Penal Code by this act are declaratory of existing law.

36

begin deleteSEC. 11.end delete
37
begin insertSEC. 12.end insert  

Section 2.5 of this bill incorporates amendments to
38Section 11106 of the Penal Code proposed by both this bill and
39Assembly Bill 857. It shall only become operative if (1) both bills
40are enacted and become effective on or before January 1, 2017,
P18   1(2) each bill amends Section 11106 of the Penal Code, and (3) this
2bill is enacted after Assembly Bill 857, in which case Section 2 of
3this bill shall not become operative.



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