BILL ANALYSIS AB 1363 Page 1 ASSEMBLY THIRD READING AB 1363 (Davis) As Amended April 13, 2009 Majority vote PUBLIC SAFETY 7-0 APPROPRIATIONS 16-0 ----------------------------------------------------------------- |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 : AB 1363 Page 2 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 AB 1363 Page 3 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 AB 1363 Page 4 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 FN: 0000768