BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 1332|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
UNFINISHED BUSINESS
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
ASSEMBLY FLOOR: 47-30, 8/23/16 - See last page for vote
SUBJECT: Firearms
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.
Assembly Amendments provide that the costs associated with joint
registration will be paid for by the Firearms Safety and
SB 1332
Page 2
Enforcement Special Fund. The amendments, additionally, delete
one of the loan exemptions and add double jointing language.
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).)
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.)
SB 1332
Page 3
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:
1)Provides for the joint registration of firearms between
spouses and domestic partners, as specified, and modifies
existing firearm loan provisions.
SB 1332
Page 4
2)Requires, commencing January 1, 2019, the 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;
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;
SB 1332
Page 5
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.
h) The loan does not exceed 30 days in duration;
SB 1332
Page 6
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 bill 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-joints this bill with AB 857 (Cooper) of the current
legislative session, to prevent chaptering out issues.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:YesLocal: No
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.
SB 1332
Page 7
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: (Verified 8/22/16)
Peace Officers Research Association of California
OPPOSITION: (Verified8/22/16)
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,
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).
SB 1332
Page 8
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.
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. . .
SB 1332
Page 9
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.
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. /
8/23/16 19:54:34
**** END ****
SB 1332
Page 10