AB 1511
Page 1
CONCURRENCE IN SENATE AMENDMENTS
CSA2 Bill Id:AB 1511
Author:(Santiago and Chiu)
As Amended Ver:May 17, 2016
Majority vote
ASSEMBLY: / (April 16, 2015) / SENATE: / 22-15 / (May 19, 2016)(vote not relevant)
COMMITTEE VOTE: / 5-2 / (June 21, 2016) / RECOMMENDATION: / concur(Pub. S.)
Original Committee Reference: INS.
SUMMARY: Specifies that the infrequent loan of a firearm may only be made to family members.
The Senate amendments delete the Assembly version of this bill, and instead:
1) Specify that the infrequent loan of a firearm may only be made to family members.
2) Define "family members" as "spouses and registered domestic partners, or parents, children, siblings, grandparents, grandchildren, whether related by blood, adoption, or a step-relation."
3) Require any handgun being loaned be registered to the person making the loan.
EXISTING LAW:
1) States that where neither party to a firearm transaction holds a dealer's license issued as specified, the parties to the transaction shall complete the sale, loan, or transfer of that firearm through a licensed firearms dealer, as specified. (Penal Code Section (PC) 27545)
2) Specifies that the requirement that a firearm transaction go through a licensed firearms dealer, does not apply to the loan of a firearm between persons who are personally known to each other, if all of the following requirements are satisfied:
a) The loan is infrequent, as specified. (PC 27880(a))
b) The loan is for any lawful purpose. (PC Section 27880(b))
c) The loan does not exceed 30 days in duration. (PC 27880(c))
d) For any firearm, the individual being loaned the firearm shall have a valid firearm safety certificate, except that in the case of a handgun, an unexpired handgun safety certificate may be used. (PC 27880(d))
3) An "infrequent" loan for purposes of handguns is defined as "less than six transactions per calendar year." (PC 16730(a)(1))
4) An "infrequent" loan for purposes of firearms other than handguns is defined as "occasional and without regularity." (PC 16730(a)(2))
AS PASSED BY THE ASSEMBLY, this bill clarified reporting requirements for various reports related to insurance that must be submitted to the Legislature. Specifically, this bill:
1) Replaced the general requirement that reports be submitted to the Legislature with a requirement that the following reports be submitted to the Assembly and Senate Committees on Insurance:
a) Reports regarding the insolvency of an insurer.
b) Annual report of the California Life and Health Insurance Guarantee Association.
c) Annual report summarizing the number, type and disposition of complaints received by the Department of Insurance.
d) Annual report from the California Assigned Risk Plan.
2) Repealed a requirement for the Workers' Compensation Insurance Rating Board report to the Legislature regarding workers' compensation issues for the taxi industry by May 1, 2003.
FISCAL EFFECT: According to the Senate Appropriations Committee:
1) State prisons: Potential minor to moderate increase in state costs (General Fund) to the extent narrowing the firearm loan provisions results in additional commitments to state prison. Commitments to state prison under PC 27590(b), (c), or (e), in which violations of firearm loan provisions can be charged as a felony, have been infrequent, however, to the extent even two additional commitments to state prison occur statewide in any one year would result in new state costs of $58,000 based on the contract bed rate of $29,000 per inmate.
2) County jails: Potentially significant increase in local costs (Local Funds) to the extent narrowing the firearm loan provisions results in additional misdemeanor and felony convictions subject to county jail sentences. The Department of Justice (DOJ) data indicates less than 100 arrests annually statewide for violations of existing firearm loan provisions of law. Potential costs would largely be dependent on the degree to which the narrowed firearm loan provisions are enforced, which is unknown.
COMMENTS: According to the author, "Several recent shootings around the country have shed light on a dangerous loophole in state laws. In California, anyone can borrow a gun from an acquaintance for up to 30 days without a background check – one of the most important safeguards in law. AB 1511 will close this loophole and keep guns out of the hands of dangerous people."
This bill was substantially amended in the Senate and the Assembly-approved version of this bill was deleted. This bill, as amended in the Senate, is inconsistent with Assembly actions and the provisions of this bill, as amended in the Senate, have not been heard in an Assembly policy committee.
Analysis Prepared by: David Billingsley / PUB. S. / (916) 319-3744 FN: 0003474