BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 357
                                                                  Page  1

          Date of Hearing:   April 21, 2009
          Chief Counsel:      Gregory Pagan


                         ASSEMBLY COMMITTEE ON PUBLIC SAFETY
                                 Jose Solorio, Chair

                    AB 357 (Knight) - As Amended:  April 13, 2009


           SUMMARY  :   Deletes the "good cause" requirement from provisions  
          of law that authorize a sheriff of a county or a chief of a  
          municipal police department to issue a license for a person to  
          carry a concealed handgun, and requires that the sheriff issue  
          the license upon proof that the person applying is of good moral  
          character and meets other criteria relating to residency and  
          firearms training.

           EXISTING LAW  :

          1)Provides a county sheriff or municipal police chief may issue  
            a license to carry a firearm capable of being concealed upon  
            the person upon proof that:

             a)   The person applying is of good moral character [Penal  
               Code Section 12050(a)(1)(A)];

             b)   Good cause exists for the issuance [Penal Code Section  
               12050(a)(1)(A)];

             c)   The person applying meets the appropriate residency  
               requirements [Penal Code Section 12050(a)(1)(D)]; and,

             d)   The person has completed the appropriate training course  
               [Penal Code Section 12050(E)].

          2)Provides that the license may either:

             a)   Allow the person to carry a concealed firearm on his or  
               her person [Penal Code Section 12050(a)(1)]; or,

             b)   Allow the person to carry a loaded and exposed firearm  
               in a county whose population is less than 200,000 persons  
               according to the most recent federal decennial census.   
               [Penal Code Section 12050(a)(1).]








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          3)Provides that a CCW license is valid for up to two years,  
            three years for judicial officers, or four years in the case  
            of a reserve or auxiliary peace officer.  [Penal Code Section  
            12050(a)(2).]

          4)Provides that a license may include any reasonable  
            restrictions or conditions that the issuing authority deems  
            warranted, which shall be listed on the license.  [Penal Code  
            Section 12050(b) and (c).]

          5)Provides that the fingerprints of each applicant are taken and  
            submitted to the Department of Justice.  Provides criminal  
            penalties for knowingly filing a false application for a  
            concealed weapon license.  [Penal Code Section 12051(b).]

          6)Provides that a person may lawfully possess a loaded firearm  
            in his or her place of business or residence.  [Penal Code  
            Section 12031(h)(l).]

          7)Makes it generally unlawful to carry a concealed handgun or a  
            loaded firearm in public and in vehicles.  (Penal Code  
            Sections 12025 and 12031.)

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   

           1)Author's Statement  :  According to the author, "In California,  
            for a citizen to protect themselves by exercising their 2nd  
            Amendment Rights to carry a concealed weapon, one must apply  
            through their local sheriff or police office for a permit  
            (CCW).  In addition, a new license applicant must show  
            completion of an approved training course (of up to 24 hours  
            in length) that includes instruction on firearm safety and the  
            law regarding the permissible use of a firearm.  The applicant  
            must also provide fingerprints, and pay various fees, in  
            addition to the actual cost of the license - totaling more  
            than $100.

          "However, the most challenging obstacle in the process is the  
            capricious nature by which law enforcement determines good  
            moral character and the demonstration of good cause before a  
            license will be issued.









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          "In many instances, local officials set arbitrary standards for  
            individuals applying for CCW's, which results in inequities  
            across the state.  In fact, depending on one's geographical  
            location, he or she may not provide 'enough' justification to  
            carrying a concealed weapon, or may be required to jump  
            through an inordinate number of hoops, or required to wait an  
            unreasonable number of weeks or months to get approved.  In  
            some communities throughout the state, the standard policy is  
            to deny permits to most or all applicants.

          "More than 30 states have moved to a 'shall issue' for citizens  
            who go through the arduous process of applying for a license.   
            The undisputed facts are that the expanded issuances of  
            concealed weapons around the country have resulted in reduced  
            crime rates for those communities. 

          "This proposal makes California a 'shall issue' state in an  
            attempt to resolve the problem of arbitrary standards, thereby  
            creating a fair and equitable process for all CCW applicants."

           2)Arguments in Support  :  

             a)   According to the  American Justice Center  , "The majority  
               of states currently have 'shall issue' concealed carry  
               laws, and, in every case, those laws have resulted in lower  
               violent crime rates in the states where they have been  
               introduced.  California has a concealed carry permit system  
               that is badly broken and behind the times- it is time we  
               fixed it.  In a day and age when budget constraints mandate  
               the layoff of parole officers, the release of prison  
               inmates, and reduction in law enforcement budgets, a  
               heightened focus on personal security is incumbent upon us  
               all.

             "AB 357 will finally bring equal protection under the law to  
               the citizens of California who are currently subject to the  
               personal whims and moods of 58 separate county sheriffs and  
               hundreds of police chiefs.  The disparate application of  
               the CCW law in California has turned the right to personal  
               protection outside one's home into a privilege granted only  
               to the connected, the powerful, and the wealthy.   
               California can do better, and AB 357 is a big step in the  
               right direction."

             b)   According to the  California Association of Firearms  








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               Retailers  , "The subjects of good cause and mandatory  
               issuance of licenses to carry concealed weapons (CCW's) has  
               been debated in the State Legislature many times.  To date,  
               these proposals have not advanced in the legislative  
               process, primarily because of the opposition of law  
               enforcement agencies who wish decide for themselves and the  
               public what is good cause and whether a CCW should be  
               issued.

             "CAFR believes that persons who are not lawfully prohibited  
               from possessing firearms should be able to obtain a CCW if  
               they wish to do so.  The decision should be theirs, not  
               that of an issuing agency.  Other states that routinely  
               issue CCW's to non-prohibited persons have not found that  
               it has resulted in an increase in the crime rate or  
               firearms related violence.  To the contrary, many of the  
               states that have adopted 'a shall issue' regulation have  
               seen a measurable decrease in crime."

           3)Arguments in Opposition  :

             a)   According to the California State Sheriffs' Association  ,  
               "Under existing law, the sheriff of a county or police  
               chief of a city may issue a permit to carry a concealed  
               weapon upon proof that the person applying is of good moral  
               character,  that good cause exists for the issuance  , and  
               that the applicant has completed a course of training.

             "AB 357 not only removes the good cause requirement but it  
               also requires, rather than authorizes, a sheriff to issue  
               the applicant a concealed weapon permit if the applicant  
               meets other requirements.  The removal of law enforcement  
               discretion sets a dangerous precedent, particularly in  
               regards to firearm possession. Further, it creates more  
               lenient standards by which a person can possess a firearm."

             b)   According to the  California Chapters of the Brady  
               Campaign  , "Existing law allows for sheriffs and chiefs of  
               municipal police departments the discretion to issue  
               permits for the carrying of concealed and loaded firearms  
               (CCW permits).  Law enforcement must find that a good cause  
               exists, that the applicant is of good moral character, is a  
               resident or employed within the jurisdiction, and has  
               completed a course of training.  This bill would delete the  
               need to show good cause and require Sheriffs to issue a CCW  








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               permit if the other conditions are met.

             "The 'good cause' standard is a reasonable standard.  The  
               desire to carry a concealed firearm is often justified by  
               the need for self defense.  For issuance of a permit, an  
               applicant should have to affirmatively demonstrate that a  
               real threat exists, rather than an imaginary or theoretical  
               threat.  If the good cause standard were to be repealed,  
               then a potential applicant would only have to demonstrate  
               the he or she is a good moral character.  In practice, this  
               condition is met by a being able to pass a criminal  
               background check.  A background check says nothing about  
               ones character; it simply shows that an individual has not  
               been convicted of a felony or violent misdemeanor charge.   
               Sheriffs must be allowed to retain discretion to deny CCW  
               permits when they believe that it is in the public interest  
               to do so."

           4)Prior Legislation  :  
           
             a)   SB 1283 (Haynes), of the 2001-02 Legislative Session,  
               would have provided that "good cause" is conclusively  
               established for the issuance of a license to carry a  
               concealed firearm if the applicant is a victim of domestic  
               violence or hate crime.  SB 1283 failed passage in the  
               Senate Public Safety Committee.

             b)   AB 462 (Haynes), of the 2003-04 Legislative Session,  
               would have mandated a finding of good cause to issue a  
               concealed weapons permit when the individual applying has  
               been a victim of domestic violence or a hate crime.  AB 462  
               failed passage in this Committee.

             c)   AB 1369 (Oller), of the 1997-98 Legislative Session,  
               would have eliminated the discretion of a county sheriff or  
               police chief to deny a permit to carry a concealed firearm  
               to any person who is not otherwise prohibited.  AB 1369  
               failed passage in this Committee.

           REGISTERED SUPPORT / OPPOSITION  :   

           Support 
           
          American Justice Center
          California Association of Firearms Retailers








                                                                  AB 357
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          California Rifle and Pistol Association
          Gun Owners of California
          Hi-Caliber Investigations
          National Rifle Association
          Stutchman Forensic Laboratory
          469 Private Citizens

           Opposition 
           
          California Chapters of the Brady Campaign
          California Peace Officers Association
          California Police Chiefs Association
          California State Sheriffs' Association
          Legal Community Against Violence
          Sheriff, Alameda County
          Sheriff, Butte County
          Sheriff, Del Norte County
          Sheriff, Santa Barbara County
          Sheriff, Santa Cruz County
          Sheriff, Shasta County
          Sheriff, Ventura County
          Sheriff's Office, Tuolumne County
           

          Analysis Prepared by  :    Gregory Pagan / PUB. S. / (916)  
          319-3744