BILL ANALYSIS
AB 2413
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Date of Hearing: April 20, 2010
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2413 (Norby) - As Amended: April 5, 2010
SUMMARY : States that any person holding a valid permit or
license to carry a concealed handgun from Arizona, Nevada, or
Oregon, or a political subdivision of any of those states, shall
be deemed to have a valid concealed weapons (CCW) license under
the State of California.
EXISTING LAW :
1)Provides a county sheriff or municipal police chief may issue
a license to carry concealed a pistol, revolver, or 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).]
3)Provides that a CCW license is valid for up to two years,
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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 : None
COMMENTS :
1)Author's Statement : According to the author, "[i]n order to
provide for the safe use of firearms by private citizens,
states have set various requirements for the obtainment of a
license to carry a CCW. Currently, 38 states have laws that
recognize CCWs issued to residents of other states, and 14 of
those states recognize CCWs issued to California residents.
However, currently California does not recognize CCWs issued
to residents of any other state. Since California in most
cases has much stricter requirements for the obtainment of
CCWs than other states, it is logical that the State be
careful about extending reciprocity. However, the states of
Arizona, Nevada, and Oregon have very similar training and
background check requirements to the State of California. For
this reason, we believe it is both careful and fair to extend
reciprocity to the residents of these neighboring states that
have taken the necessary steps to educate and train themselves
on the safe carrying of a concealed firearm."
2)Background : According to the background provided by the
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author, "[e]xisting law makes it a crime, punishable as a
misdemeanor or a felony depending on specified circumstances,
to carry a concealed firearm without a CCW license when a
person carries a loaded firearm on his or her person or in a
vehicle while in any public place or on any public street in
an incorporated city or in any public place or on any public
street in a prohibited area of unincorporated territory. CCWs
are provided to California residents at the discretion of
their county sheriffs. However, existing law does not provide
a legal avenue for residents of other states that have
obtained CCWs in their respective states to carry a CCW while
they are in California. This means that despite adhering to
similar training and background check requirements, residents
of the states of Arizona, Nevada, and Oregon have no CCW
reciprocity in California. This bill would recognize CCWs
issued to residents of the states of Arizona, Nevada, and
Oregon in order to provide reciprocity to those who have taken
the necessary steps to educate and train themselves on the
safe carrying of a concealed firearm. "
3)CCW Laws of Arizona, Nevada, and Oregon are Inconsistent with
California and Each Other : California CCW laws are distinct
and different from the laws that this bill makes reciprocal.
Arizona, Nevada and Oregon are "shall issue" states;
California is not. In California, local law enforcement has
discretion to not issue a CCW permit if the local official
believes that the applicant does not have good cause or good
moral character. Additionally, Arizona, Nevada and Oregon
laws are inconsistent with each other. Finally, California
citizens would be subject to any changes to Arizona, Nevada,
or Oregon laws making the issuance of a CCW permit easier.
Presently, Arizona has a bill on the governor's desk that
eliminates the need for Arizona citizens to obtain any CCW
permit whatsoever. If that bill is signed, would all Arizona
residents have a right to carry CCWs in California? Public
safety policy should ensure that persons carrying CCWs know
the laws of the land wherein they are carrying deadly weapons.
a) Arizona CCW Procedures : Arizona requires the following
to qualify for a CCW permit:
i) Applicants must be a resident of Arizona or a United
States citizen;
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ii) Applicants must be 21 years of age or older;
iii) Applicants must not be under indictment for a felony
offense;
iv) Applicants must not be convicted of a felony offense
unless the conviction has been expunged, set aside,
vacated or pardoned, or the individual's civil rights
must be restored and the individual must not be a
prohibited possessor under state or federal law;
v) Applicants must not suffer from mental illness and
been adjudicated mentally incompetent or committed to a
mental institution;
vi) Applicants must not be unlawfully present in the
United States; and,
vii) Applicants must satisfactorily complete a firearms
safety training program approved by the department of
public safety.
b) Nevada CCW Procedures : Nevada requires the following
procedures for an individual to carry a concealed firearm:
i) Applicants must be 21 years old and complete a
firearm safety course approved by the Nevada Sheriffs'
and Chiefs' Association. The training must take place in
Nevada and be given by an instructor with a business
license at the training location;
ii) Applicants must obtain an application form from a
local sheriff. Applicants must submit the completed
application and training certificate and pay the
application fee;
iii) Applicants must pass a criminal background check in
accordance as specified and pay the fee for the
background investigation;
iv) Applicants must provide any additional documentation
required by local sheriffs. For example, Clark County
also requires registration of firearms, fingerprints and
photographs;
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v) Persons issued a permit must carry their permit and
identification whenever they carry CCWs and must present
the documents upon demand by a police officer;
vi) Persons must renew their permits every five years if
they are residents and every three years for
non-residents; and,
vii) Persons are prohibited from carrying a concealed
firearm into a public airport, public school or any
building with a sign banning firearms.
c) Oregon CCW Permit Procedures : Oregon requires the
following procedures for the issuance of a CCW permit:
i) Applicants must be 21 years of age and a resident of
Oregon. The sheriff may waive the residency requirement
if the applicant is a resident of a contiguous state
(California, Idaho, Nevada or Washington) and can
demonstrate a legitimate need for a CCW permit in Oregon;
ii) Applicants must complete an approved firearms safety
or training course;
iii) Applicants must fill out the application form at
their local sheriff's office. Each county uses its own
form; there is no standard. Applicants must submit the
completed application form, two forms of identification
(one must have a photograph), the firearms training
certificate and the permit fee. The sheriff's office
will take fingerprints and photographs.
iv) Applicants will receive a permit or be denied within
45 days. If an applicant is denied, the sheriff must
give the reason in writing;
v) License holders must renew their permit every four
years by paying the renewal fee. License holders are not
required to inform law enforcement officials if they are
carrying a concealed weapon, but they must have the
permit on their person and present it upon demand; and,
vi) License holders must obtain written permission from
a tribal judge to carry a concealed weapon onto an Indian
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reservation or other Indian property.
Oregon does not recognize CCW permits from any other state;
4)Argument in Support : None submitted.
5)Argument in Opposition: According to the California Chapters
of the Brady Campaign to Prevent Gun Violence , [e]xisting law
specifies that permits for carrying concealed firearms (CCW
permit) issued in other states are not valid in California.
AB 2413 would deem persons issued a CCW permit in Oregon,
Nevada or Arizona to be authorized to carry a concealed
handgun in California, pursuant to California law.
"At the present time, law enforcement has discretion in
California to issue a CCW permit and may only do so if the
applicant can demonstrate 'good cause and good moral
character.' Due to this discretion, California CCW permits
are relatively uncommon compared with other states, with about
40,000 active permits at any given time. Thirty four other
states have adopted a 'shall issue' standard where the only
substantive requirement for issuance is the ability to pass a
criminal background check. Oregon, Nevada and Arizona are
'shall issue' states. In fact, at the present time there are
154,279 active CCW permits in Arizona and the state has a bill
on the Governor's desk that would allow for Arizona citizens
to carry concealed firearms without having to obtain any
permit whatsoever.
"The firearms lobby in recent years has pushed the 'shall
issue' standard and the idea of reciprocity among the states
based on the assumption that if more private citizens carried
concealed firearms, crime would be deterred. In fact, no
credible evidence exists to support this hypothesis while
there is evidence suggesting that more permissive CCW laws
actually increase crime. Further, the firearm lobby has
propagated the myth that only law-abiding citizens are able to
obtain CCW permits. While this may be true in California, it
is clearly not true in other states. For example, in the
first half of 2006, Florida issued CCW permits to more than
1,400 individuals who had plead either guilty or no contest to
felonies. Unfortunately, Florida is not alone in having a
flawed process. If AB 2413 was to become law, the result
would be an increase in the number of people on our streets
carrying concealed firearms and, we believe, a reduction in
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public safety.
"The California Chapters of the Brady Campaign to Prevent Gun
Violence believe strongly that it is not in the interest of
public safety to increase the number of people carrying loaded
and concealed firearms. We also believe that the decision to
issue CCW permits is best left to the California sheriffs and
chiefs, who are in the best position to assess 'good case' and
'good moral character.' We should not expose our citizens to
lax permitting standards used in surrounding states. For
these reasons we strongly urge your NO vote on AB 2413."
REGISTERED SUPPORT / OPPOSITION :
Support
Gun Owners of California
Opposition
California Chapters of the Brady Campaign to Prevent Gun
Violence
Legal Community Against Violence
Taxpayers for Improving Public Safety
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744