Bill Text: CA AB2053 | 2009-2010 | Regular Session | Introduced
Bill Title: Concealed firearms licenses.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2010-04-21 - From committee without further action pursuant to Joint Rule 62(a). [AB2053 Detail]
Download: California-2009-AB2053-Introduced.html
BILL NUMBER: AB 2053 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Miller
FEBRUARY 18, 2010
An act to amend Section 12050 of the Penal Code, relating to
concealed firearms licenses.
LEGISLATIVE COUNSEL'S DIGEST
AB 2053, as introduced, Miller. Concealed firearms licenses.
Existing law authorizes the sheriff of a county, or the chief or
other head of a municipal police department, if good cause exists for
the issuance, and subject to certain other criteria, to issue a
license to carry a concealed handgun or to carry a loaded and exposed
handgun, as specified.
This bill would define "good cause" for these purposes to include
self defense, defending the life of another, or preventing crime in
which human life is threatened, and would provide procedural
guidelines to the issuing authority on determining the presence or
absence of "good cause." The bill would make other technical,
nonsubstantive changes.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 12050 of the Penal Code is amended to read:
12050. (a) (1) (A) The sheriff of a county, upon proof that the
person applying is of good moral character, that good cause , as
defined in paragraph (4), exists for the issuance, and that
the person applying satisfies any one of the conditions specified in
subparagraph (D) and has completed a course of training as described
in subparagraph (E), may issue to that person a license to carry a
pistol, revolver, or other firearm capable of being
concealed upon the person handgun in either one
of the following formats:
(i) A license to carry concealed a pistol, revolver, or
other firearm capable of being concealed upon the person
handgun .
(ii) Where the population of the county is less than 200,000
persons according to the most recent federal decennial census, a
license to carry loaded and exposed in only that county a
pistol, revolver, or other firearm capable of being concealed upon
the person handgun .
(B) The chief or other head of a municipal police department of
any city or city and county, upon proof that the person applying is
of good moral character, that good cause , as defined in
paragraph (4), exists for the issuance, and that the person
applying is a resident of that city and has completed a course of
training as described in subparagraph (E), may issue to that person a
license to carry a pistol, revolver, or other firearm
capable of being concealed upon the person handgun
in either one of the following formats:
(i) A license to carry concealed a pistol, revolver, or
other firearm capable of being concealed upon the person
handgun .
(ii) Where the population of the county in which the city is
located is less than 200,000 persons according to the most recent
federal decennial census, a license to carry loaded and exposed in
only that county a pistol, revolver, or other firearm
capable of being concealed upon the person handgun
.
(C) The sheriff of a county or the chief or other head of a
municipal police department of any city or city and county, upon
proof that the person applying is of good moral character, that good
cause , as defined in paragraph (4), exists for the
issuance, and that the person applying is a person who has been
deputized or appointed as a peace officer pursuant to subdivision (a)
or (b) of Section 830.6 by that sheriff or that chief of police or
other head of a municipal police department, may issue to that person
a license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person
handgun . Direct or indirect fees for the issuance of a license
pursuant to this subparagraph may be waived. The fact that an
applicant for a license to carry a pistol, revolver, or
other firearm capable of being concealed upon the person
handgun has been deputized or appointed as a peace officer
pursuant to subdivision (a) or (b) of Section 830.6 shall be
considered only for the purpose of issuing a license pursuant to this
subparagraph, and shall not be considered for the purpose of issuing
a license pursuant to subparagraph (A) or (B).
(D) For the purpose of subparagraph (A), the applicant shall
satisfy any one of the following:
(i) Is a resident of the county or a city within the county.
(ii) Spends a substantial period of time in the applicant's
principal place of employment or business in the county or a city
within the county.
(E) (i) For new license applicants, the course of training may be
any course acceptable to the licensing authority, shall not exceed 16
hours, and shall include instruction on at least firearm safety and
the law regarding the permissible use of a firearm. Notwithstanding
this clause, the licensing authority may require a community college
course certified by the Commission on Peace Officer Standards and
Training, up to a maximum of 24 hours, but only if required uniformly
of all license applicants without exception.
(ii) For license renewal applicants, the course of training may be
any course acceptable to the licensing authority, shall be no less
than four hours, and shall include instruction on at least firearm
safety and the law regarding the permissible use of a firearm. No
course of training shall be required for any person certified by the
licensing authority as a trainer for purposes of this subparagraph,
in order for that person to renew a license issued pursuant to this
section.
(2) (A) (i) Except as otherwise provided in clause (ii),
subparagraphs (C) and (D) of this paragraph, and subparagraph (B) of
paragraph (4) of subdivision (f), a license issued pursuant to
subparagraph (A) or (B) of paragraph (1) is valid for any period of
time not to exceed two years from the date of the license.
(ii) If the licensee's place of employment or business was the
basis for issuance of the license pursuant to subparagraph (A) of
paragraph (1), the license is valid for any period of time not to
exceed 90 days from the date of the license. The license shall be
valid only in the county in which the license was originally issued.
The licensee shall give a copy of this license to the licensing
authority of the city, county, or city and county in which he or she
resides. The licensing authority that originally issued the license
shall inform the licensee verbally and in writing in at least
16-point type of this obligation to give a copy of the license to the
licensing authority of the city, county, or city and county of
residence. Any application to renew or extend the validity of, or
reissue, the license may be granted only upon the concurrence of the
licensing authority that originally issued the license and the
licensing authority of the city, county, or city and county in which
the licensee resides.
(B) A license issued pursuant to subparagraph (C) of paragraph (1)
to a peace officer appointed pursuant to Section 830.6 is valid for
any period of time not to exceed four years from the date of the
license, except that the license shall be invalid upon the conclusion
of the person's appointment pursuant to Section 830.6 if the
four-year period has not otherwise expired or any other condition
imposed pursuant to this section does not limit the validity of the
license to a shorter time period.
(C) A license issued pursuant to subparagraph (A) or (B) of
paragraph (1) is valid for any period of time not to exceed three
years from the date of the license if the license is issued to any of
the following individuals:
(i) A judge of a California court of record.
(ii) A full-time court commissioner of a California court of
record.
(iii) A judge of a federal court.
(iv) A magistrate of a federal court.
(D) A license issued pursuant to subparagraph (A) or (B) of
paragraph (1) is valid for any period of time not to exceed four
years from the date of the license if the license is issued to a
custodial officer who is an employee of the sheriff as provided in
Section 831.5, except that the license shall be invalid upon the
conclusion of the person's employment pursuant to Section 831.5 if
the four-year period has not otherwise expired or any other condition
imposed pursuant to this section does not limit the validity of the
license to a shorter time period.
(3) For purposes of this subdivision, a city or county may be
considered an applicant's "principal place of employment or business"
only if the applicant is physically present in the jurisdiction
during a substantial part of his or her working hours for purposes of
that employment or business.
(4) (A) For purposes of this subdivision, good cause for the
issuance of a license to carry a handgun includes, but is not limited
to, self defense, defending the life of another, or preventing crime
in which human life is threatened.
(B) An applicant shall not be required to prove the existence of
specific circumstances regarding his or her stated good cause if the
stated cause is self defense, defending the life of another, or
preventing crime in which human life is threatened.
(C) If the applicant's stated cause is not self defense, defending
the life of another, or preventing crime in which human life is
threatened, the sheriff or chief or other head of a municipal police
department of a city or city and county may, by considering the
following, determine whether the applicant has stated good cause:
(i) Section 1 of Article 1 of the California Constitution,
including the declaration of rights providing that all people are by
nature free and independent and have inalienable rights, and that
among these are enjoying and defending liberty, acquiring,
possessing, and protecting property, and pursuing and obtaining
safety, happiness, and privacy.
(ii) The value of concealed firearms in deterring violent crime.
(b) A license may include any reasonable restrictions or
conditions which the issuing authority deems warranted, including
restrictions as to the time, place, manner, and circumstances under
which the person may carry a pistol, revolver, or other
firearm capable of being concealed upon the person
handgun .
(c) Any restrictions imposed pursuant to subdivision (b) shall be
indicated on any license issued.
(d) A license shall not be issued if the Department of Justice
determines that the person is prohibited by state or federal law from
possessing, receiving, owning, or purchasing a firearm.
(e) (1) The license shall be revoked by the local licensing
authority if at any time either the local licensing authority is
notified by the Department of Justice that a licensee is prohibited
by state or federal law from owning or purchasing firearms, or the
local licensing authority determines that the person is prohibited by
state or federal law from possessing, receiving, owning, or
purchasing a firearm.
(2) If at any time the Department of Justice determines that a
licensee is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm, the department shall
immediately notify the local licensing authority of the
determination.
(3) If the local licensing authority revokes the license, the
Department of Justice shall be notified of the revocation pursuant to
Section 12053. The licensee shall also be immediately notified of
the revocation in writing.
(f) (1) A person issued a license pursuant to this section may
apply to the licensing authority for an amendment to the license to
do one or more of the following:
(A) Add or delete authority to carry a particular pistol,
revolver, or other firearm capable of being concealed upon the
person handgun .
(B) Authorize the licensee to carry concealed a pistol,
revolver, or other firearm capable of being concealed upon the person
handgun .
(C) If the population of the county is less than 200,000 persons
according to the most recent federal decennial census, authorize the
licensee to carry loaded and exposed in only that county a
pistol, revolver, or other firearm capable of being concealed upon
the person handgun .
(D) Change any restrictions or conditions on the license,
including restrictions as to the time, place, manner, and
circumstances under which the person may carry a pistol,
revolver, or other firearm capable of being concealed upon the person
handgun .
(2) When the licensee changes his or her address, the license
shall be amended to reflect the new address and a new license shall
be issued pursuant to paragraph (3).
(3) If the licensing authority amends the license, a new license
shall be issued to the licensee reflecting the amendments.
(4) (A) The licensee shall notify the licensing authority in
writing within 10 days of any change in the licensee's place of
residence.
(B) If the license is one to carry concealed a pistol,
revolver, or other firearm capable of being concealed upon the person
handgun , then it may not be revoked solely
because the licensee changes his or her place of residence to another
county if the licensee has not breached any conditions or
restrictions set forth in the license and has not become prohibited
by state or federal law from possessing, receiving, owning, or
purchasing a firearm. However, any license issued pursuant to
subparagraph (A) or (B) of paragraph (1) of subdivision (a) shall
expire 90 days after the licensee moves from the county of issuance
if the licensee's place of residence was the basis for issuance of
the license.
(C) If the license is one to carry loaded and exposed a
pistol, revolver, or other firearm capable of being concealed upon
the person handgun , the license shall be
revoked immediately if the licensee changes his or her place of
residence to another county.
(5) An amendment to the license does not extend the original
expiration date of the license and the license shall be subject to
renewal at the same time as if the license had not been amended.
(6) An application to amend a license does not constitute an
application for renewal of the license.
(g) Nothing in this article shall preclude the chief or other head
of a municipal police department of any city from entering an
agreement with the sheriff of the county in which the city is located
for the sheriff to process all applications for licenses, renewals
of licenses, and amendments to licenses, pursuant to this article.
