AB 871, as introduced, Jones. Concealed weapons.
Existing law authorizes the sheriff of a county or the chief or other head of a municipal police department of any city or city and county to issue a license to carry a concealed firearm to an applicant for that license if the applicant is of good moral character, good cause exists for issuance of the license, the applicant meets specified residency requirements, and the applicant has completed a specified course of training, including firearm safety.
This bill would require the sheriff or head of a municipal police department to issue that license if the applicant meets those requirements. The bill would also specify that good cause, for purposes of these provisions, includes personal protection or self-defense. Because the bill would impose new duties on local law enforcement officials who will be required to issue these licenses if all of the requirements are met, the 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 26150 of the Penal Code is amended to
2read:
(a) When a person applies for a license to carry a pistol,
4revolver, or other firearm capable of being concealed upon the
5person, the sheriff of a countybegin delete mayend deletebegin insert shallend insert issue a license to that
6person upon proof of all of the following:
7(1) The applicant is of good moral character.
8(2) begin insert(A)end insertbegin insert end insert Good cause exists for issuance of the license.
begin insert
9(B) For purposes of this subdivision, “good cause” includes,
10but is not limited to, personal protection or self-defense.
11(3) The applicant is a resident of the county or a city within the
12county, or the applicant’s principal place of employment or
13business is in the county or a city within the county and the
14applicant spends a substantial period of time in that place of
15employment or business.
16(4) The applicant has completed a course of training as described
17in Section 26165.
18(b) The sheriff may issue a license under subdivision (a) in
19either of the following formats:
20(1) A license to carry concealed a pistol, revolver, or other
21firearm capable of being concealed upon the person.
22(2) begin deleteWhere end deletebegin insertIfend insert the population of the county is less than 200,000
23persons according to the most recent federal decennial census, a
24license to carry loaded and exposed in only that county a pistol,
25revolver, or other firearm capable of being concealed upon the
26person.
Section 26155 of the Penal Code is amended to read:
(a) When a person applies for a license to carry a pistol,
29revolver, or other firearm capable of being concealed upon the
30person, the chief or other head of a municipal police department
31of any city or city and countybegin delete mayend deletebegin insert shallend insert issue a license to that
32person upon proof of all of the following:
33(1) The applicant is of good moral character.
P3 1(2) begin insert(A)end insertbegin insert end insert Good cause exists for issuance of the license.
begin insert
2(B) For purposes of this subdivision, “good cause” includes,
3but is not limited to, personal protection or self-defense.
4(3) The applicant is a resident of that city.
5(4) The applicant has completed a course of training as described
6in Section 26165.
7(b) The chief or other head of a municipal police department
8may issue a license under subdivision (a) in either of the following
9formats:
10(1) A license to carry concealed a pistol, revolver, or other
11firearm capable of being concealed upon the person.
12(2) begin deleteWhere end deletebegin insertIfend insertbegin insert end insertthe
population of the county in which the city is
13located is less than 200,000 persons according to the most recent
14federal decennial census, a license to carry loaded and exposed in
15only that county a pistol, revolver, or other firearm capable of
16being concealed upon the person.
17(c) Nothing in this chapter shall preclude the chief or other head
18of a municipal police department of any city from entering an
19agreement with the sheriff of the county in which the city is located
20for the sheriff to process all applications for licenses, renewals of
21licenses, and amendments to licenses, pursuant to this chapter.
If the Commission on State Mandates determines that
23this act contains costs mandated by the state, reimbursement to
24local agencies and school districts for those costs shall be made
25pursuant to Part 7 (commencing with Section 17500) of Division
264 of Title 2 of the Government Code.
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