BILL ANALYSIS Ó
AB 1563
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Date of Hearing: April 29, 2014
Counsel: Shaun Naidu
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 1563 (Donnelly) - As Amended: April 22, 2014
SUMMARY : Requires the Department of Justice (DOJ) to issue a
license to carry a concealed handgun, as specified.
Specifically, this bill :
1)Requires DOJ to issue a license to carry a concealed handgun
upon the person within 30 days, except as specified, of
submission of a completed application, which consists of the
following:
a) An application form signed by the applicant;
b) Fingerprints submitted to DOJ, except as provided;
c) A fee, not more than $100, to pay the reasonable costs
for DOJ to complete a criminal background check, and if
approved, a license to carry a concealed handgun;
d) For a new license and renewal of a license, a training
course acceptable to DOJ, that does not exceed 8 hours and
that includes instruction, at a minimum, on firearm safety
and the law requiring the permissible use of a firearm,
except as specified; and,
e) Two recent passport-size color full face photographs of
the applicant.
2)Provides that DOJ is not to issue a license to a person who is
prohibited from possessing a firearm under state or federal
law.
3)Requires DOJ, if the license is denied, to provide written
notice that explains the reason for the denial and the process
by which the applicant may appeal the denial.
4)Provides that a license issued pursuant to the above
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provisions is valid throughout the state except upon a premise
where possession or carrying a firearm is prohibited by state
or federal law.
5)Requires that applications for licenses or amendments to
licenses, amendments to licenses, and licenses to be uniform
throughout the state, on forms prescribed by the Attorney
General, and include a section summarizing the statutory
provisions of state law that results in the automatic denial
or revocation of a license and the following information:
a) 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;
b) The applicant's date and place of birth, height, weight,
eye color, and hair color;
c) 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; and,
d) Other information, as specified.
6)Prohibits DOJ from charging more than $25 to process an
amendment to a license, and if required, to issue a new
license. Provides that 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.
7)Provides that 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.
8)Provides that a signed application for a license to carry a
concealed handgun constitutes 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.
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9)Provides that a license shall be valid for a period of 5 years
unless canceled by the licensee or revoked for cause, and may
be renewed within 120 days prior to the license's expiration
date, except as provided.
10)Provides that a person who submits an application knowing
that any statement contained therein is false is guilty of a
misdemeanor.
11)Provides that a person who knowingly makes a false statement
on the application regarding any of the following is guilty of
a felony:
a) The denial or revocation of a license, or the denial of
an amendment to a license, issued pursuant to this article;
b) A criminal conviction;
c) A finding of not guilty by reason of insanity;
d) The use of a controlled substance;
e) A dishonorable discharge from military service;
f) A commitment to a mental institution; or,
g) A renunciation of U.S. citizenship.
12)Requires a licensee to notify DOJ in writing within 30 days
of any change in the licensee's place of residence.
EXISTING LAW :
1)Allows a county sheriff or municipal police chief to 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;
b) Good cause exists for the issuance;
c) The person applying meets the appropriate residency
requirements; and,
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d) The person has completed the appropriate training
course, as specified. (Pen. Code, §§ 26150 & 26155, subd.
(a).)
2)Allows a county sheriff or a chief of a municipal police
department to 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; 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
most recent federal decennial census. (Pen. Code, §§ 26150
& 26155, subd. (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.
(Pen. Code, § 26155, subd. (c).)
4)Provides criminal penalties for knowingly filing a false
application for a concealed weapon license. (Pen. Code, §
26180.)
5)Provides that the fingerprints of each applicant are taken and
submitted to DOJ. (Pen. Code, § 26185.)
6)Provides that a license may include any reasonable
restrictions or conditions that the issuing authority deems
warranted, which shall be listed on the license. (Pen. Code,
§ 26200.)
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. (Pen. Code, § 26220.)
FISCAL EFFECT : Unknown
COMMENTS :
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1)Author's Statement : According to the author, "Recently, the
federal Ninth Circuit Court of Appeals correctly held that the
Second Amendment to the United States Constitution protects a
fundamental, pre-existing right to bear arms for self-defense
outside of our homes. Californians were free to exercise their
rights until 1923, when the Legislature enacted its first ban
on the carry of concealed handguns in public, and in 1967,
with the passage of the Mulford Act, a ban on the carry of
openly-displayed loaded firearms. Unfortunately, the lack of a
right to keep and bear arms in our state constitution
subjected generations of Californians to increasing
limitations and burdens on their rights.
"As a byproduct of unconstitutional laws and local policies,
only about 56,000 California residents were able to defend
their lives and those of their families outside of their homes
in 2013. Given recent court decisions and tangible demand on
the part of law-abiding people, the number of carry licensees
is sure to skyrocket to possibly as many as 1.4 million
Californians over the next 24 months should data from the
majority of the other states be any indicator.
"Furthermore, a great disparity in policy and process across
hundreds of California licensing authorities begs for a
standardized process that respects Second Amendment rights,
conforms to precedent, and furthers the state's
narrowly-tailored interest in regulating the right to carry.
"This bill fixes California's carry license system by
implementing a fair, efficient, and effective framework that
eliminates the burden on local law enforcement while still
requiring background checks, ensuring public safety."
2)Peruta v. County of San Diego : For approving a license to
carry a concealed firearm, the County of San Diego required
that an applicant show that good cause exists for issuance of
the license and provided that generalized self defense could
not serve as good cause. Mr. Peruta, a San Diego County
resident, contested the condition as unconstitutionally
abridging his Second Amendment right to bear arm. The U.S.
District Court for the Southern District of California ruled
against Mr. Peruta in a summary judgment, and Mr. Peruta
appealed. In a 2-to-1 decision, the U.S. Court of Appeals for
the Ninth Circuit held that "the Second Amendment does require
that the states permit some form of carry for self-defense
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outside the home." (Peruta v. County of San Diego (2014) 742
F.3d 1144, 1172.) The majority went on to state that
"concealed carry per se does not fall outside the scope of the
right to bear arms; but insistence upon a particular mode of
carry does." (Ibid.) The dissent felt that the county's
"good cause" policy fell squarely within the Supreme Court's
definition of a presumptively lawful regulatory measure. On
February 27, 2014, the Department of Justice, on behalf of the
state, filed a motion to intervene for the purpose of seeking
further review of the decision. The state's motion is
currently awaiting a ruling by the court.
3)Practical Considerations : This bill changes California's
current concealed carry system for firearms from "may issue"
to "shall issue." Moreover, this bill will take the issuance
of licenses out of the control of local municipalities and
place it with the state, specifically DOJ. The changes
proposed in this bill raise many policy considerations this
committee may wish to examine.
This bill repeals existing law that requires a licensee to
apply to the licensing authority for an amendment to the
license to "[a]dd or delete authority to carry a particular
pistol, revolver, or other firearm capable of being concealed
upon the person" (Pen. Code, § 26215, subd. (a)(1).) and
allows for the concealed carry of presumably any handgun by a
person who acquires a license. By requiring a person to apply
for an amendment to the license to add or delete the authority
to carry a particular firearm, the licensing authority can
ensure that the weapon is properly registered to the licensee.
The policy shift presented by this bill could allow people to
carry concealed handguns that are stolen, not registered, or
registered to someone else.
The author states that moving responsibility of issuing
concealed carry licenses from county sheriffs and local police
chiefs to the state eliminates the burden on local law
enforcement. This bill, however, also removes local law
enforcements' ability to tailor the concealed carry of firearm
to meet the needs specific to their jurisdiction. Existing
law allows the licensing authority to place reasonable time,
place, manner, and circumstances restrictions on a license to
carry a concealed weapon. (Pen. Code, § 26200, subd. (a).)
Under the provisions of this bill, a licensee would be allowed
to carry a concealed handgun anywhere in the state except
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where restricted by state or national law. Consequently, any
local measures put in place restricting the carry of firearm
would be preempted by this bill.
Additionally, given the shift of responsibility in
administering the licensing program from the local level to
the state level, this committee may wish to examine the
feasibility of implementing the provisions of this bill. The
Department of Justice has informed this committee that the
department would not be able to implement the licensing
process outlined in this bill by January 1, 2015, which is
when this bill would take effect if it were enacted during
this legislative session. (Telephone interview with Deputy
Attorney General, Office of Legislative Affairs (Apr. 23,
2014).)
4)Drafting Error : Penal Code section 26155, subdivision (n)
created by this bill cross references Penal Code section
21650. The cross reference should be to Penal Code section
26150.
5)Argument in Support : As argued by the California Association
of Federal Firearms Licensees , "AB 1563 offers a meaningful
solution to a fast-growing problem by instituting a fair,
efficient, and effective framework that aligns California with
other 'shall issue' states and creates a uniform, reliable
means to apply for and be issued a license to carry."
6)Argument in Opposition : The Law Center to Prevent Gun
Violence argues "Although proponents of this bill may argue
that the bill is required by the Ninth Circuit's recent
decision in Peruta v. County of San Diego, that argument has
no merit. In Peruta, a divided 2-1 panel held that a county
must issue a permit to any individuals who request one,
regardless of whether they can demonstrate any good cause to
carry a gun in public, as long as they meet the other
statutory requirements to obtain a permit. The Peruta
decision, however, has been widely criticized, is not yet
final, and may still be reviewed en banc. Indeed, such review
is warranted given that the three other federal Courts of
Appeal that have considered concealed carry laws similar to
California's have upheld them. Moreover, Peruta said nothing
about the 'good moral character' requirement, which was not at
issue in that case."
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7)Prior Legislation :
a) AB 871 (Jones), of this Legislative Session, would have
provided 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. AB 871
failed passage in this 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 2615 (Jones), of the 2011-12 Legislative Session,
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 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 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.
f) 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
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restraining order against a specified individual or is the
victim of a hate crime. AB 462 failed passage in this
committee.
g) 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 is a victim of a hate crime. SB 1283
failed passage in the Senate Public Safety Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Federal Firearms Licensees (Sponsor)
Opposition
Brady Campaign to Prevent Gun Violence
Law Center to Prevent Gun Violence
Analysis Prepared by : Shaun Naidu / PUB. S. / (916) 319-3744