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
AB 357
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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
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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