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AB-1511 Firearms: lending.(2015-2016)

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AB1511:v93#DOCUMENT

Assembly Bill No. 1511
CHAPTER 41

An act to amend Section 27880 of the Penal Code, relating to firearms.

[ Approved by Governor  July 01, 2016. Filed with Secretary of State  July 01, 2016. ]

LEGISLATIVE COUNSEL'S DIGEST


AB 1511, Santiago. Firearms: lending.
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.
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   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.

 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.