BILL NUMBER: SB 610 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 15, 2011
AMENDED IN SENATE APRIL 13, 2011
AMENDED IN SENATE MARCH 21, 2011
INTRODUCED BY Senators Wright and Correa
FEBRUARY 17, 2011
An act to amend Sections 26165, 26190, and 26205 of, and to add
Section 26202 to, the Penal Code, relating to firearms.
LEGISLATIVE COUNSEL'S DIGEST
SB 610, as amended, Wright. Firearms: license to carry concealed
firearm.
Existing law establishes an application process, including a
determination of good cause and completion of a training course, for
persons seeking a license to carry a concealed firearm. Existing law
authorizes the licensing authority of any city, city and county, or
county to charge a fee in addition to the application fee in an
amount equal to the actual costs for processing the application for a
new license, excluding fingerprint and training costs, but in no
case to exceed $100. Existing law provides that no requirement,
charge, assessment, fee, or condition that requires the payment of
any additional funds by the applicant, other than those costs already
specified in those provisions, may be imposed by any licensing
authority as a condition of the application for a license.
This bill would provide that the applicant would not be required
to pay for any training courses prior to a determination of good
cause being made, as specified. The bill would clarify that the
application fee for a new license includes the costs of required
notices. The bill would also provide that no applicant would be
required to obtain liability insurance as a condition of the
license.
The bill would require the licensing authority to provide written
notification of the determination of good cause to the applicant, as
specified.
Existing law requires the licensing authority to give written
notice to the applicant indicating if the license is approved or
denied within 90 days of the initial application for a new license or
a license renewal, or 30 days after receipt of the applicant's
criminal background check from the Department of Justice, whichever
is later.
This bill would also require that the notice provide the
specific reason for denial, which requirement was not
satisfied if the license is denied.
By imposing additional burdens on local government entities, this
bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 26165 of the Penal Code is amended to read:
26165. (a) For new license applicants, the course of training for
issuance of a license under Section 26150 or 26155 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.
(b) Notwithstanding subdivision (a), 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.
(c) For license renewal applicants, the course of training may be
any course acceptable to the licensing authority, shall be no less
than four hours, and shall include instruction on at least firearm
safety and the law regarding the permissible use of a firearm. No
course of training shall be required for any person certified by the
licensing authority as a trainer for purposes of this section, in
order for that person to renew a license issued pursuant to this
article.
(d) The applicant shall not be required to pay for any training
courses prior to the determination of good cause being made pursuant
to Section 26202.
SEC. 2. Section 26190 of the Penal Code is amended to read:
26190. (a) (1) Each applicant for a new license or for the
renewal of a license shall pay at the time of filing the application
a fee determined by the Department of Justice. The fee shall not
exceed the application processing costs of the Department of Justice
for the direct costs of furnishing the report required by Section
26185.
(2) After the department establishes fees sufficient to reimburse
the department for processing costs, fees charged shall increase at a
rate not to exceed the legislatively approved annual cost-of-living
adjustments for the department's budget.
(3) The officer receiving the application and the fee shall
transmit the fee, with the fingerprints if required, to the
Department of Justice.
(b) (1) The licensing authority of any city, city and county, or
county may charge an additional fee in an amount equal to the actual
costs for processing the application for a new license,
including any required notices, excluding fingerprint and
training costs, but in no case to exceed one hundred dollars ($100),
and shall transmit the additional fee, if any, to the city, city and
county, or county treasury.
(2) The first 20 percent of this additional local fee may be
collected upon filing of the initial application. The balance of the
fee shall be collected only upon issuance of the license.
(c) The licensing authority may charge an additional fee, not to
exceed twenty-five dollars ($25), for processing the application for
a license renewal, and shall transmit an additional fee, if any, to
the city, city and county, or county treasury.
(d) These local fees may be increased at a rate not to exceed any
increase in the California Consumer Price Index as compiled and
reported by the Department of Industrial Relations.
(e) (1) In the case of an amended license pursuant to Section
26215, the licensing authority of any city, city and county, or
county may charge a fee, not to exceed ten dollars ($10), for
processing the amended license.
(2) This fee may be increased at a rate not to exceed any increase
in the California Consumer Price Index as compiled and reported by
the Department of Industrial Relations.
(3) The licensing authority shall transmit the fee to the city,
city and county, or county treasury.
(f) (1) If psychological testing on the initial application is
required by the licensing authority, the license applicant shall be
referred to a licensed psychologist used by the licensing authority
for the psychological testing of its own employees. The applicant may
be charged for the actual cost of the testing in an amount not to
exceed one hundred fifty dollars ($150).
(2) Additional psychological testing of an applicant seeking
license renewal shall be required only if there is compelling
evidence to indicate that a test is necessary. The cost to the
applicant for this additional testing shall not exceed one hundred
fifty dollars ($150).
(g) Except as authorized pursuant to this section, no requirement,
charge, assessment, fee, or condition that requires the payment of
any additional funds by the applicant, or requires the applicant to
obtain liability insurance, may be imposed by any licensing authority
as a condition of the application for a license.
SEC. 3. Section 26202 is added to the Penal Code, to read:
26202. Upon making the determination of good cause pursuant to
Section 26150 or 26155, the licensing authority shall give written
notice to the applicant of the licensing authority's determination.
If the licensing authority determines that good cause exists, the
notice shall inform the applicants to proceed with the training
requirements specified in Section 26165. If the licensing
authority determines that good cause does not exist, the notice shall
inform the applicant that the request for a license has been denied
and shall state the specific reason why the determination was made
that good cause does not exist.
SEC. 4. Section 26205 of the Penal Code is amended to read:
26205. The licensing authority shall give written notice to the
applicant indicating if the license under this article is approved or
denied. The licensing authority shall give this notice within 90
days of the initial application for a new license or a license
renewal, or 30 days after receipt of the applicant's criminal
background check from the Department of Justice, whichever is later.
If the license is denied, the notice shall provide the
specific reason for denial state which requirement was
not satisfied .
SEC. 5. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.