Amended in Assembly April 22, 2014

Amended in Assembly March 28, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 1563

Introduced by Assembly Member Donnelly

January 29, 2014

An act to begin delete amend Sections 26150 and 26155 end delete begin insert repeal and add Chapter 4 (commencing with Section 26150) of Division 5 of Title 4 of Part 6 end insert of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

AB 1563, as amended, Donnelly. Firearms: begin insert license to carry end insert 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.

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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 delete begin delete

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 delete begin delete

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.

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This bill would require the Department of Justice to issue a license to carry a handgun concealed upon the person, if certain requirements are met and fees paid. The bill would specify the information, required for the application for the license, what data would be displayed on the license, and fees for issuance of a license, amendment, or replacement of a license. The bill would provide that the license would be valid for 5 years from issuance, unless canceled by the licensee or revoked for cause. The bill would create a misdemeanor for submission of false information on a license application, and a felony for submission of false statements on a license application, as specified. By creating new crimes, this bill would impose a state-mandated local program.

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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.

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This bill would provide that no reimbursement is required by this act for a specified reason.

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Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Chapter 4 (commencing with Section 26150) of
Division 5 of Title 4 of Part 6 of the end insert begin insert Penal Code end insert begin insert is repealed. end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Chapter 4 (commencing with Section 26150) is added
to Division 5 of Title 4 of Part 6 of the end insert begin insert Penal Code end insert begin insert , to read: end insert

begin insert

 

Chapter   begin insert 4. end insert License to Carry A Pistol, Revolver, or
Other Firearm Capable of Being Concealed Upon the
Person

 

begin insert 26150. end insert   

(a) The Department of Justice shall issue a license to
carry a concealed handgun upon the person within 30 days of
submission of a completed application for a new license or renewal
of a license to carry a concealed handgun upon the person. A
completed application shall consist of the following:

(1) An application form signed by the applicant.

(2) Fingerprints submitted to the department, in a manner
prescribed by the department.

(3) A fee, not exceeding one hundred dollars ($100), to pay the
reasonable costs for the department to complete a criminal
background check, and if approved, a license to carry a concealed
handgun upon the person.

(4) For a new license and renewal of a license, a course of
training that may be any course acceptable to the department, that
does not exceed eight hours, and that includes instruction, at a
minimum, on firearm safety and the law requiring the permissible
use of a firearm. A course of training shall not be required for a
person certified by the department as a trainer for purposes of this
section.

(5) Two recent passport-size color full face photographs of the
applicant.

(b) If the applicant does not have a valid California driver’s
license or a California state identification card, or has not been
a resident of the state for the previous consecutive 90 days, the
department shall have up to 60 days from the date of submission
of the application to issue a license.

(c) The department shall not issue a license to a person who is
prohibited from possessing a firearm under state or federal law.

(d) If the license is denied, the department shall provide written
notice that explains the reason for the denial and the process by
which the applicant may appeal the denial.

(e) A license issued pursuant to this section is valid throughout
the state except upon a premise where possession or carrying a
firearm is prohibited by state or federal law.

begin insert 26155. end insert   

(a) Applications for licenses or amendments to licenses,
amendments to licenses, and licenses shall be uniform throughout
the state, on forms prescribed by the Attorney General.

(b) The application shall include a section summarizing the
statutory provisions of state law that result in the automatic denial
or revocation of a license issued pursuant to this article.

(c) The application for a new or renewal license shall require
the following information from the applicant:

(1) The name, residence address, telephone number, driver’s
license and state of issue, if the applicant has a valid driver’s
license, and, at the option of the applicant, the applicant’s email
address.

(2) The applicant’s date and place of birth, height, weight, eye
color, and hair color.

(3) Unambiguous responses to the same or materially similar
questions contained in Sections 11 to 14, inclusive, of Part 1 of
Form 4473, issued by the federal Bureau of Alcohol, Tobacco,
Firearms and Explosives.

(d) Applications for licenses and for renewal licenses, license
amendments, and applications for license amendments shall be in
writing and signed by the applicant.

(e) The department shall not charge more than twenty-five
dollars ($25) to process an amendment to a license, and if required,
to issue a new license. A new license issued for the purpose of
incorporating an amendment shall not constitute a renewal license
or extend the period of validity of the license.

(f) Applications for a license, renewal of a license or amendment
to a license shall contain a provision requiring the applicant to
attest to the truth of the statements in the application.

(g) An applicant shall not be required to complete any additional
application or form for a license, or to provide any information
other than that necessary to complete the application form, except
to clarify or interpret information provided by the applicant on
the application form.

(h) A signed application for a license to carry a concealed
handgun shall constitute a waiver of confidentiality and a written
request that all federal, state, and local agencies, as well as private
mental health institutions and other health care facilities, release
information relevant to the applicant’s eligibility for a license to
an inquiring court or law enforcement agency.

(i) Licenses issued pursuant to this article shall be produced
and mailed by the department and shall be constructed of, and
printed on, a durable, tamper-resistant polymer card of a size
equal or similar to a driver’s license. The license shall display the
licensee’s full face photograph in color, and shall list the true full
name, home address, date of birth, height, weight, eye color, hair
color, gender, license issue and expiration dates, and the license’s
unique identifying number used by the department.

(j) A license shall be valid for a period of five years unless
canceled by the licensee or revoked for cause.

(k) The department may charge a licensee a reasonable fee not
to exceed twenty-five dollars ($25) for the replacement of a lost
or damaged license.

(l) A license may be renewed within 120 days prior to the
license’s expiration date.

(m) A licensee who, as a member of the Armed Forces, including
the National Guard and Armed Forces reserves, is unable to renew
his or her license because of the licensee’s assignment,
reassignment, or deployment for out-of-state military service may
renew his or her license within 90 days after the person returns
to California from out-of-state military service, if the person
provides the a copy of the licensee’s original order designating
the specific period of assignment, reassignment, or deployment
for out-of-state military service, and a copy of the licensee’s
discharge or amended or subsequent assignment, reassignment,
or deployment order back to California, as applicable. A license
renewed pursuant to this subdivision shall take effect on the
expiration date of the prior license.

(n) If a license applicant has a license issued pursuant to this
article, or if the applicant’s fingerprints have been previously sent
to the department, as provided in Section 21650, the licensing
authority shall note on the copy of any subsequent license
application submitted by that person, the previous identification
number and other data in the department’s files that could provide
positive identification, and no additional fingerprints shall be
required.

begin insert 26160. end insert   

(a) A person who submits an application knowing that
any statement contained therein is false is guilty of a misdemeanor.

(b) A person who knowingly makes a false statement on the
application regarding any of the following is guilty of a felony:

(1) The denial or revocation of a license, or the denial of an
amendment to a license, issued pursuant to this article.

(2) A criminal conviction.

(3) A finding of not guilty by reason of insanity.

(4) The use of a controlled substance.

(5) A dishonorable discharge from military service.

(6) A commitment to a mental institution.

(7) A renunciation of United States citizenship.

begin insert 26165. end insert   

A licensee shall notify the department in writing within
30 days of any change in the licensee’s place of residence.

end insert

begin insert

begin insert SEC. 3. end insert   

end insert begin insert

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.

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SECTION 1.  

Section 26150 of the Penal Code is amended to
read:

26150.  

(a) 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 shall issue a license to that person
upon proof of all of the following:

(1) The applicant is of good moral character.

(2) (A) Good cause exists for issuance of the license.

(B) For purposes of this subdivision, “good cause” includes,
but is not limited to, personal protection or self-defense.

(3) 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.

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

(b) The sheriff may issue a license under subdivision (a) in
either of the following formats:

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

(2) If 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.

SEC. 2.  

Section 26155 of the Penal Code is amended to read:

26155.  

(a) When a person applies for a license to carry a pistol,
revolver, or other firearm capable of being concealed upon the
person, the chief or other head of a municipal police department
of any city or city and county shall issue a license to that person
upon proof of all of the following:

(1) The applicant is of good moral character.

(2) (A) Good cause exists for issuance of the license.

(B) For purposes of this subdivision, “good cause” includes,
but is not limited to, personal protection or self-defense.

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

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

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

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

(2) If the population of the county in which the city is located
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.

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

SEC. 3.  

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

end delete