BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 610|
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UNFINISHED BUSINESS
Bill No: SB 610
Author: Wright (D), et al.
Amended: 8/30/11
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
SENATE FLOOR : 29-8, 6/1/11
AYES: Alquist, Anderson, Berryhill, Blakeslee, Calderon,
Cannella, Corbett, Correa, Dutton, Emmerson, Fuller,
Gaines, Harman, Hernandez, Huff, La Malfa, Lieu, Negrete
McLeod, Padilla, Price, Rubio, Runner, Steinberg,
Strickland, Vargas, Walters, Wolk, Wright, Wyland
NOES: DeSaulnier, Evans, Hancock, Leno, Liu, Pavley,
Simitian, Yee
NO VOTE RECORDED: De León, Kehoe, Lowenthal
ASSEMBLY FLOOR : 52-13, 09/01/11 - See last page for vote
SUBJECT : Concealed weapons permits
SOURCE : Author
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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
made, as specified; (3) if the license is denied, the
notice shall provide which requirement was not satisfied;
(4) no applicant shall be required to obtain liability
insurance as a condition to obtain a license.
Assembly Amendments make technical and clarifying changes
to the notification process.
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
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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
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
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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 DOJ.
(Penal Code Section 26185.)
Current law states that the licensing authority shall give
written notice to the applicant indicating if the license
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. 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 reason from DOJ's published
policy as to why the determination was made.
This bill provides that the applicant will not be required
to pay for any training courses prior to a determination of
good cause being made, as specified. This bill clarifies
that the application fee for a new license includes the
costs of required notices. This bill also provides that no
applicant will be required to obtain liability insurance as
a condition of the license.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
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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 9/1/11)
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 County Sheriff's Office
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.
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"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
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."
ASSEMBLY FLOOR : 52-13, 09/01/11
AYES: Achadjian, Alejo, Allen, Ammiano, Atkins, Beall,
Bill Berryhill, Blumenfield, Bradford, Buchanan, Charles
Calderon, Carter, Cedillo, Chesbro, Conway, Cook,
Donnelly, Fuentes, Furutani, Beth Gaines, Garrick, Gatto,
Grove, Hagman, Halderman, Hall, Harkey, Hayashi, Huber,
Jeffries, Jones, Knight, Lara, Ma, Mansoor, Mendoza,
Miller, Mitchell, Monning, Morrell, Nestande, Nielsen,
Olsen, Perea, V. Manuel Pérez, Silva, Solorio, Torres,
Valadao, Wagner, Wieckowski, John A. Pérez
NOES: Brownley, Campos, Dickinson, Feuer, Gordon, Hill,
Huffman, Logue, Pan, Skinner, Swanson, Williams, Yamada
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NO VOTE RECORDED: Block, Bonilla, Butler, Davis, Eng,
Fletcher, Fong, Galgiani, Gorell, Roger Hernández, Hueso,
Bonnie Lowenthal, Norby, Portantino, Smyth
RJG:do 9/1/11 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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