BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1363
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          ASSEMBLY THIRD READING
          AB 1363 (Davis)
          As Amended  April 13, 2009
          Majority vote 

           PUBLIC SAFETY       7-0         APPROPRIATIONS      16-0        
           
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          |Ayes:|Solorio, Hagman,          |Ayes:|De Leon, Nielsen,         |
          |     |Furutani, Gilmore, Hill,  |     |Ammiano,                  |
          |     |Ma, Skinner               |     |Charles Calderon, Davis,  |
          |     |                          |     |Duvall, Fuentes, Hall,    |
          |     |                          |     |Harkey, Miller,           |
          |     |                          |     |John A. Perez, Price,     |
          |     |                          |     |Skinner, Solorio, Audra   |
          |     |                          |     |Strickland, Torlakson     |
           ----------------------------------------------------------------- 

           SUMMARY  :  Clarifies existing provisions of law relating to  
          concealed firearms by stating that concealed firearm permits  
          only apply in the county of issuance.  Specifically,  this bill  :   


          1)Revises the exception to permit the carrying of handguns by  
            persons as authorized pursuant to provisions relating to  
            licenses to carry concealed firearms.

          2)Deletes language pertaining to reports to be filed by the  
            Attorney General.  

          3)Makes other technical, non-substantive changes such as  
            substituting the term "handgun" for "pistols, revolvers, or  
            other firearms capable of being concealed upon the person."

          4)Specifies that when a sheriff of a county, or the chief or  
            other head of a municipal police department authorize a person  
            to carry a concealed firearm, subject to specified criteria  
            being met, and where the population of the county is less than  
            200,000 persons according to the most recent federal decennial  
            census, that the permit is only applicable and enforceable in  
            the county for which it has been issued.   

           EXISTING LAW  :









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          1)Permits the sheriff of a county, upon proof that the person  
            applying is of good moral character, that good cause exists  
            for the issuance, and that the person applying satisfies any  
            one of the specified conditions and has completed a course of  
            training, as specified, may issue to that person a license to  
            carry a pistol, revolver, or other firearm capable of being  
            concealed upon the person in either one of the following  
            formats:

             a)   A license to carry concealed a pistol, revolver, or  
               other firearm capable of being concealed upon the person;  
               or,

             b)   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 that  
               county a pistol, revolver, or other firearm capable of  
               being concealed upon the person; and,

             c)   The following additional conditions must also be met:

               i)     Must be a resident of the county or a city within  
                 the county; and,

               ii)    Must spend a substantial period of time in the  
                 applicant's principal place of employment or business in  
                 the county or a city within the county.

          2)States that 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  
            exists for the issuance, and that the person applying is a  
            resident of that city and has completed a course of training,  
            may issue to that person a license to carry a pistol,  
            revolver, or other firearm capable of being concealed upon the  
            person in either one of the following formats:

             a)   A license to carry concealed a pistol, revolver, or  
               other firearm capable of being concealed upon the person;  
               or,

             b)   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  








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               and exposed in that county a pistol, revolver, or other  
               firearm capable of being concealed upon the person.

          3)States that 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 exists for the issuance, and that  
            the person applying is a person who has been deputized or  
            appointed as a peace officer 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.  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 has been  
            deputized or appointed as a peace officer 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.

          4)States that 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.  

           FISCAL EFFECT  :  According to the Assembly Appropriations  
          Committee, negligible state and local costs.

           COMMENTS  :  According to the author, "Because of this oversight  
          and unclear language, there has been confusion.  We want to  
          clarify the law to fulfill the legislative intent of these  
          sections."

          According to the background provided by the author, "Section  
          12050 of the California Penal Code allows the sheriff of the  
          county or a chief of police to issue a concealed weapons permit  
          (also known as a 'CCW permit') to applicants they deem  
          acceptable according to prescriptions by law.  If approved, the  








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          applicant can carry a concealed and loaded gun.  This section  
          also allows both sheriffs and police chiefs in a county with a  
          population of less than 200,000 to allow an applicant to carry a  
          loaded and exposed weapon, but only in that county with a  
          population of less than 200,000.  

          "Some of these people that have been authorized to carry a  
          loaded and exposed weapon have been going to other counties,  
          with a population of over 200,000, with the load and exposed  
          weapon, which is a violation of their CCW authorization.   
          Currently in law, Section 12031 of the California Penal Code,  
          which is the law making it illegal to carry a loaded firearm in  
          public, provides for an exception to an individual who has a CCW  
          permit.  However, the exception does not appropriately address  
          the two different CCW authorizations.  By making a simple  
          language change to the exception, Section 12031 will properly  
          address the two different CCW authorizations and provide a  
          penalty for individuals who abuse their CCW privileges."   

          Please see the policy committee for a full discussion of this  
          bill.
           

          Analysis Prepared by  :    Gabriel Caswell / PUB. S. / (916)  
          319-3744 

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