Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly BillNo. 1563


Introduced by Assembly Member Donnelly

January 29, 2014


An act to amendbegin delete Section 16520end deletebegin insert Sections 26150 and 26155end insert of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1563, as amended, Donnelly. begin deleteFirearms. end deletebegin insertFirearms: concealed weapons.end insert

begin insert

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.

end insert
begin insert

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 would be required to issue these licenses if all of the requirements are met, the bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

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.

end insert
begin delete

Existing law generally regulates the transfer and possession of firearms. Existing law defines “firearm” in various ways for various regulatory purposes.

end delete
begin delete

This bill would make technical, nonsubstantive changes to the provisions defining “firearm” for those purposes.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 26150 of the end insertbegin insertPenal Codeend insertbegin insert is amended to
2read:end insert

3

26150.  

(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 insertend insertGood 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.

end insert

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 insertIf end insertthe population of the county is less than 200,000
23 persons 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.

P3    1begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 26155 of the end insertbegin insertPenal Codeend insertbegin insert is amended to read:end insert

2

26155.  

(a) When a person applies for a license to carry a pistol,
3revolver, or other firearm capable of being concealed upon the
4person, the chief or other head of a municipal police department
5of any city or city and 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 insertend insertGood 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.

end insert

11(3) The applicant is a resident of that city.

12(4) The applicant has completed a course of training as described
13in Section 26165.

14(b) The chief or other head of a municipal police department
15may issue a license under subdivision (a) in either of the following
16formats:

17(1) A license to carry concealed a pistol, revolver, or other
18firearm capable of being concealed upon the person.

19(2) begin deleteWhere end deletebegin insertIf end insertthe population of the county in which the city is
20located is less than 200,000 persons according to the most recent
21federal decennial census, a license to carry loaded and exposed in
22only that county a pistol, revolver, or other firearm capable of
23being concealed upon the person.

24(c) Nothing in this chapter shall preclude the chief or other head
25of a municipal police department of any city from entering an
26agreement with the sheriff of the county in which the city is located
27for the sheriff to process all applications for licenses, renewals of
28licenses, and amendments to licenses, pursuant to this chapter.

29begin insert

begin insertSEC. 3.end insert  

end insert
begin insert

If the Commission on State Mandates determines that
30this act contains costs mandated by the state, reimbursement to
31local agencies and school districts for those costs shall be made
32pursuant to Part 7 (commencing with Section 17500) of Division
334 of Title 2 of the Government Code.

end insert
begin delete
34

SECTION 1.  

Section 16520 of the Penal Code is amended to
35read:

36

16520.  

(a) As used in this part, the term “firearm” means a
37device, designed to be used as a weapon, from which is expelled
38through a barrel, a projectile by the force of an explosion or other
39form of combustion.

P4    1(b) As used in the following provisions, the term “firearm”
2includes the frame or receiver of the weapon:

3(1) Section 16550.

4(2) Section 16730.

5(3) Section 16960.

6(4) Section 16990.

7(5) Section 17070.

8(6) Section 17310.

9(7) Sections 26500 to 26588, inclusive.

10(8) Sections 26600 to 27140, inclusive.

11(9) Sections 27400 to 28000, inclusive.

12(10) Section 28100.

13(11) Sections 28400 to 28415, inclusive.

14(12) Sections 29010 to 29150, inclusive.

15(13) Sections 29610 to 29750, inclusive.

16(14) Sections 29800 to 29905, inclusive.

17(15) Sections 30150 to 30165, inclusive.

18(16) Section 31615.

19(17) Sections 31705 to 31830, inclusive.

20(18) Sections 34355 to 34370, inclusive.

21(19) Sections 8100, 8101, and 8103 of the Welfare and
22Institutions Code.

23(c) As used in the following provisions, the term “firearm” also
24includes a rocket, rocket propelled projectile launcher, or similar
25device containing an explosive or incendiary material, whether or
26not the device is designed for emergency or distress signaling
27purposes:

28(1) Section 16750.

29(2) Subdivision (b) of Section 16840.

30(3) Section 25400.

31(4) Sections 25850 to 26025, inclusive.

32(5) Subdivisions (a), (b), and (c) of Section 26030.

33(6) Sections 26035 to 26055, inclusive.

34(d) As used in the following provisions, the term “firearm” does
35not include an unloaded antique firearm:

36(1) Subdivisions (a) and (c) of Section 16730.

37(2) Section 16550.

38(3) Section 16960.

39(4) Section 17310.

P5    1(5) Chapter 6 (commencing with Section 26350) of Division 5
2of Title 4.

3(6) Chapter 7 (commencing with Section 26400) of Division 5
4of Title 4.

5(7) Sections 26500 to 26588, inclusive.

6(8) Sections 26700 to 26915, inclusive.

7(9) Section 27510.

8(10) Section 27530.

9(11) Section 27540.

10(12) Section 27545.

11(13) Sections 27555 to 27570, inclusive.

12(14) Sections 29010 to 29150, inclusive.

13(15) Section 25135.

14(e) As used in Sections 34005 and 34010, the term “firearm”
15does not include a destructive device.

16(f) As used in Sections 17280 and 24680, the term “firearm”
17has the same meaning as in Section 922 of Title 18 of the United
18States Code.

19(g) As used in Sections 29010 to 29150, inclusive, the term
20“firearm” includes the unfinished frame or receiver of a weapon
21that can be readily converted to the functional condition of a
22finished frame or receiver.

end delete


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