BILL NUMBER: AB 1511 AMENDED
BILL TEXT
AMENDED IN SENATE MAY 17, 2016
AMENDED IN SENATE MAY 11, 2016
AMENDED IN SENATE MAY 4, 2016
AMENDED IN SENATE MAY 18, 2015
INTRODUCED BY Assembly Members Santiago and Chiu
MARCH 5, 2015
An act to amend Sections 27880 and 27950
Section 27880 of the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
AB 1511, as amended, Santiago. Firearms: lending.
(1) Existing
Existing law generally requires the loan of a firearm to
be conducted through a licensed firearms dealer. A violation of this
provision is a crime. Existing law exempts from this requirement a
loan of a firearm between persons who are personally known to each
other, if the loan is infrequent and does not exceed 30 days in
duration.
This bill would instead limit that exemption to the loan of a
firearm to a spouse or registered domestic partner, or to a parent,
child, sibling, grandparent, or grandchild, related as specified.
The bill would require a handgun loaned pursuant to these
provisions to be registered to the person loaning the handgun.
By expanding the application of an existing crime, this bill would
impose a state-mandated local program.
(2) Existing law exempts from the requirement to conduct the loan
of a firearm through a licensed firearms dealer a loan made to a
licensed hunter for use by that hunter for a period of time not to
exceed the duration of the hunting season for which the firearm is to
be used.
This bill would instead exempt from that requirement the loan of a
firearm to a person who has a valid hunting license issued by the
State of California and only possesses the firearm while hunting. By
expanding the application of an existing crime, this bill would
impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that no reimbursement is required by this
act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 27880 of the Penal Code is amended to read:
27880. Section 27545 does not apply to the loan of a firearm if
all of the following requirements are satisfied:
(a) The loan is to a spouse, registered domestic partner, or any
of the following relations, whether by consanguinity, adoption, or
steprelation:
(1) Parent.
(2) Child.
(3) Sibling.
(4) Grandparent.
(5) Grandchild.
(b) The loan is infrequent, as defined in Section 16730.
(c) The loan is for any lawful purpose.
(d) The loan does not exceed 30 days in duration.
(e) Until January 1, 2015, if the firearm is a handgun, the
individual being loaned the firearm shall have a valid handgun safety
certificate. Commencing January 1, 2015, 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.
(f) If the firearm being loaned is a handgun, the handgun is
registered to the person making the loan pursuant to Section 11106.
SEC. 2. Section 27950 of the Penal Code is
amended to read:
27950. Section 27545 does not apply to the loan of a firearm,
other than a handgun, to a person who has a valid hunting license
issued by the State of California and only possesses the firearm
while hunting.
SEC. 3. SEC. 2. No reimbursement is
required by this act pursuant to Section 6 of Article XIII B of the
California Constitution because the only costs that may be incurred
by a local agency or school district will be incurred because this
act creates a new crime or infraction, eliminates a crime or
infraction, or changes the penalty for a crime or infraction, within
the meaning of Section 17556 of the Government Code, or changes the
definition of a crime within the meaning of Section 6 of Article XIII
B of the California Constitution.