BILL ANALYSIS Ó SB 1332 Page A SENATE THIRD READING SB 1332 (Mendoza) As Amended August 19, 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 SB 1332 Page B 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 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; SB 1332 Page C 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. 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. SB 1332 Page D 4)Defines "residence" for purposes of this legislation and "resides within the same residence," as specified. 5)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. 6)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 SB 1332 Page E 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. 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 SB 1332 Page F Brady Permit which is why most states do not have 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. --------------------------- <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. SB 1332 Page G Analysis Prepared by: Gabriel Caswell / PUB. S. / (916) 319-3744 FN: 0004589