BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 610|
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THIRD READING
Bill No: SB 610
Author: Wright (D)
Amended: 4/13/11
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 4-1, 4/5/11
AYES: Anderson, Calderon, Harman, Price
NOES: Hancock
NO VOTE RECORDED: Liu, Steinberg
SENATE APPROPRIATIONS COMMITTEE : 8-0, 5/26/11
AYES: Kehoe, Walters, Alquist, Lieu, Pavley, Price,
Runner, Steinberg
NO VOTE RECORDED: Emmerson
SUBJECT : Concealed weapons permits: elected officials
SOURCE : Author
DIGEST : This bill provides with respect to applications
for a license to carry a concealed handgun that (1) the
licensing authority shall make the determination of good
cause, as specified, and upon making that determination of
good cause, 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 specified training requirements; (2)
the applicant shall not be required to pay for any training
courses prior to the determination of good cause being
CONTINUED
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made, as specified; (3) if the license is denied, the
notice shall provide the specific reason for denial; (4) no
applicant shall be required to obtain liability insurance
as a condition to obtain a license.
ANALYSIS : Current law states that when a person applies
for a license to carry a pistol, revolver, or other firearm
capable of being concealed upon the person, the sheriff of
a county may issue a license to that person upon proof of
all of the following:
The applicant is of good moral character.
Good cause exists for issuance of the license.
The applicant is a resident of the county or a
city within the county, or the applicant's
principal place of employment or business is in the
county or a city within the county, and the
applicant spends a substantial period of time in
that place of employment or business.
The applicant has completed a course of
training, as specified.
The sheriff may issue this license in either of the
following formats:
A license to carry concealed a pistol, revolver,
or other firearm capable of being concealed upon the
person.
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 only that county a pistol, revolver, or
other firearm capable of being concealed upon the
person.
The police chief of a city or city and county may also
issue such licenses, according to the same criteria, to
residents of that city. (Penal Code Section 26150.)
Current law provides that, for new license applicants, the
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course of training for issuance of a license, as specified,
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.
In addition, 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.
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. (Penal Code Section 26165.)
Current law requires any applicant for a permit to carry a
concealable weapon pay specified fees and provides for the
disposition of these fees. Current law also states that,
other than those fees specified in this section, an
applicant may not be charged any other fees. (Penal Code
Section 26190.)
Current law provides that the fingerprints of each
applicant shall be forwarded to the Department of Justice
(DOJ) and that, upon receipt of the fingerprints and the
appropriate fees, DOJ shall promptly furnish the forwarding
licensing authority a report of all data and information
pertaining to any applicant of which there is a record in
its office, including information as to whether the person
is prohibited by state or federal law from possessing,
receiving, owning, or purchasing a firearm. Current law
requires that no license shall be issued by any licensing
authority until after receipt of the report from the
department. (Penal Code Section 26185.)
Current law states that the licensing authority shall give
written notice to the applicant indicating if the license
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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 DOJ,
whichever is later.
This bill provides that the licensing authority shall make
the determination of good cause, as specified, and upon
making that determination of good cause, 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 specified
training requirements.
This bill amends the preceding statute to provide that "The
applicant shall not be required to pay for any training
courses prior to the determination of good cause being
madeÝ,]" as specified.
This bill requires that, if the license is denied, the
notice shall provide the specific reason for denial.
This bill amends the preceding statute to include that no
applicant shall be required to obtain liability insurance
as a condition to obtain a license.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Fiscal Impact (in thousands)
Major Provisions 2011-12 2012-13
2013-14 Fund
Noticing requirements Unknown; reimbursable local costs;
General
potentially significant court
costs
SUPPORT : (Verified 5/26/11)
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California Association of Firearms Retailers
California Rifle and Pistol Association
Kern County Sheriff's Office
Lassen County Sheriff's Office
National Rifle Association
Shasta County Sheriff's Office
Siskiyou Count Sheriff's Office
OPPOSITION : (Verified 5/26/11)
California Police Chiefs Association
Legal Community Against Violence
ARGUMENTS IN SUPPORT : According to the author's office,
this bill will: (1) streamline the process by which
Californians apply for a Concealed Carry Permit. Currently
there is no standard by which carrying a concealed weapon
permits are processed by the Law Enforcement agencies
authorized in the Penal Code. This bill standardizes the
sequence of carrying a concealed weapon application
processing for all Law Enforcement Agencies, (2) Save Law
Enforcement resources by limiting the man hours of Law
Enforcement staff that must process the carrying a
concealed weapon applications to persons who are qualified
under the "Good Cause" definition of the issuing Agency,
and (3) provides a standard timeframe for Law Enforcement
Agencies for the processing of carrying a concealed weapon
applications.
The California Rifle and Pistol Association states, "SB 610
would standardize the application process for a license to
carry a concealed handgun and correct several
inconsistencies in the application of the current law.
"Applicants for licenses to carry a concealed handgun are
being treated inconsistently within and between licensing
authorities. For example:
"Some licensing agencies do not provide applicants who are
denied a license the specific reason(s) for denial of a
license. This practice gives the appearance of an
arbitrary decision by the licensing authority. Applicants
who are denied a license should receive a written notice
which gives the specific reasons for the denial within 30
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days of the application being filed.
Some licensing authorities require applicants to pay a
firearms training fee and complete a firearms training
course before the authority considers approving or
disapproving an applicant for good cause. A good cause
determination should be made by the authority before an
applicant is required to pay for and complete training.
Applicants denied a license for good cause should not be
required to pay for and complete a firearms training
course. Only after an applicant passes a background and
good moral character review, should the issuing authority
require the applicant to pay for and pass a firearms
training course.
"Some licensing authorities are requiring licensee's to
obtain liability insurance as a condition of issuance of a
license. Liability insurance is not required under
existing law and should not be required to obtain a
license."
RJG:do 5/27/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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