BILL ANALYSIS Ó
AB 871
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Date of Hearing: April 16, 2013
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 871 (Jones) - As Introduced: February 22, 2013
SUMMARY : Provides that "good cause" for the issuance of a
license to carry a concealed handgun by a sheriff of a county or
a chief of a municipal police force includes, but is not limited
to, personal protection or self-defense.
EXISTING LAW :
1)Provides a county sheriff or municipal police chief may issue
a license to carry a handgun capable of being concealed upon
the person upon proof of all of the following.
a) The person applying is of good moral character [Penal
Code Sections 26150 and 26155(a)(1)];
b) Good cause exists for the issuance [Penal Code Sections
26150 and 26155(a)(2)];
c) The person applying meets the appropriate residency
requirements [Penal Code Sections 26150 and 26155(a)(3)];
and,
d) The person has completed the appropriate training
course, as specified. [Penal Code Sections 26150 and
26155(a)(4).]
2)States that a county sheriff or a chief of a municipal police
department may issue a license to carry a concealed handgun in
either of the following formats:
a) A license to carry a concealed handgun upon his or her
person [Penal Code Sections 26150 and 26155(b)(1)]; or,
b) A license to carry a loaded and exposed handgun if the
population of the county, or the county in which the city
is located, is less than 200,000 persons according to the
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most recent federal decennial census. [Penal Code Sections
26150 and 26155(b)(2).]
3)Provides that a chief of a municipal police department shall
not be precluded from entering into an agreement with the
sheriff of the county in which the city is located for the
sheriff to process all applications for licenses, or renewal
of licenses, to carry a concealed handgun upon the person.
[Penal Code Section 26155(b)(3).]
4)Provides that a license to carry a concealed handgun is valid
for up to two years, three years for judicial officers, or
four years in the case of a reserve or auxiliary peace
officer. (Penal Code Section 26220.)
5)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 26200.)
6)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 Sections 26180 and
26185.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "It is not in
the interests of California residents for a member of law
enforcement to deny one who has been determined to be a
citizen in good standing the right to protect themselves and
their family. AB 871 will correct this roadblock to a
citizens' right to self-protection."
2)Argument in Support : According to the National Rifle
Association of America , "In California, it is unlawful for
any person to carry a concealed handgun for personal
protection without a concealed carry weapons (CCW) permit
issued by local law enforcement (Police Chief or Sheriff).
The policies and procedures of CCW permits issuance is
determined by the local police chief or sheriff and can vary
greatly. The two factors used to determine if a citizen is
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issued a CCW permit in the Penal Code is 'Good Cause' and
'Good Moral Character'. There is no definition of 'Good
Cause' in the Penal Code, this omission has resulted in the
unequal application of the law across the state and arbitrary
and capricious denial of permit applications is the rule
rather than the exception."
3)Argument in Opposition : According to the California Chapters
of the Brady Campaign to Prevent Gun Violence , "Existing law
gives sheriffs and chiefs of municipal police departments the
discretion to issue permits for the carrying of concealed and
loaded firearms (CCW permits). Law enforcement must find that
good cause exists, that the applicant is of good moral
character, is a resident or employed within the jurisdiction,
and has completed a course of training. This bill would for
all purposes eliminate the need to demonstrate good cause.
"AB 871 would define good cause for issuance of a CCW as a
simple statement by an applicant that the permit is desired
for personal protection or self-defense. Once such a
statement was made, the issuing authority would have no
discretion in the issuance of a CCW permit.
"The 'good cause' standard is a reasonable standard. The desire
to carry a concealed firearm is often justified by the need
for self-defense or protection to others. For issuance of a
permit, an applicant should have to affirmatively demonstrate
that a real threat exists, rather than an imaginary or
theoretical threat. If the good cause definition contained in
AB 1615 were to be applied, then any person making the above
claims would have to be issued a permit. The only remaining
constraint on obtaining a permit would be to pass a criminal
and mental health background check, which is a very low
standard indeed. Sheriffs and Chiefs must be allowed to
retain discretion to deny CCW permits when they believe that
no credible threat exists and that it is in public interest to
do so."
4)Prior Legislation :
a) AB 2615 (Jones), of the 2011-12 Legislative Session, was
identical to this bill and would have provided that "good
cause" for the issuance of a license to carry a concealable
firearm includes, but is not limited to, self-defense and
personal protection. AB 2615 failed passage in this
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Committee.
b) AB 2376 (Halderman), of the 2011-12 Legislative Session,
would have defined "good cause" for the issuance of a
license to carry a concealed handgun, by a sheriff of a
county or a chief of a municipal police force to include,
but not limited to, if the applicant has a report on file
with a law enforcement agency evidencing that he or she is
a victim of a hate crime. AB 2376 failed passage in this
Committee.
c) AB 2053 (Miller), of the 2009-10 Legislative Session,
would have defined "good cause" for the issuance of a
license to carry a concealed handgun upon the person to
include self-defense, defending the life of another, or
preventing crime in which human life is threatened. AB
2053 failed passage in this Committee.
d) AB 357 (Knight), of the 2009-10 Legislative Session,
would have deleted the "good cause" requirement for the
issuance of a license to carry a concealed handgun upon the
person, and would have required issuance if the applicant
was of good moral character and met other criteria relating
to residency and training. AB 357 failed passage in this
Committee.
e) AB 462 (Haynes), of the 2003-04 Legislative Session,
would have defined "good cause" for the issuance of a
license to carry a concealed handgun upon the person to
include if the applicant has a report on file with a law
enforcement agency evidencing that he or she is a victim of
domestic violence or stalking and has obtained a
restraining order against a specified individual, or is the
victim of a hate crime. AB 462 failed passage in this
Committee.
f) SB 1283 (Haynes), of the 2001-02 Legislative Session,
would have defined "good cause" for the issuance of a
license to carry a concealed handgun upon the person to
include a victim of domestic violence who has obtained a
restraining order or and a victim of a hate crime. SB 1283
failed passage in the Senate Public Safety Committee.
REGISTERED SUPPORT / OPPOSITION :
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Support
California Association of Federal Firearms Licensees
California Rifle and Pistol Association
Gun Owners of California
National Rifle Association
43 private individuals
Opposition
California Chapters of the Brady Campaign to Prevent Gun
Violence
California Police Chief Association
California State Sheriffs' Association
Law Center to Prevent Gun Violence
Taxpayers for Improving Public Safety
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744