BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                  AB 1563
                                                                  Page 1

          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  








                                                                  AB 1563
                                                                  Page 2

            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.








                                                                  AB 1563
                                                                  Page 3


          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,









                                                                  AB 1563
                                                                  Page 4

             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  :   









                                                                  AB 1563
                                                                  Page 5

           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  








                                                                  AB 1563
                                                                  Page 6

            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  








                                                                  AB 1563
                                                                  Page 7

            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."  
                 








                                                                 AB 1563
                                                                  Page 8

            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  








                                                                  AB 1563
                                                                 Page 9

               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