BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 450        Hearing Date:    June 28, 2016     
          
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          |Author:    |McCarty                                              |
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          |Version:   |June 22, 2016                                        |
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          |Urgency:   |No                     |Fiscal:    |No               |
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          |Consultant:|JRD                                                  |
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                    Subject:  Firearms:  Concealed Carry License



          HISTORY

          Source:   Author

          Prior Legislation:None known

          Support:  Unknown

          Opposition:Unknown

          Assembly Floor Vote:                 Not Relevant


          PURPOSE
          
          The purpose of this legislation is to require a sheriff, chief,  
          or other head of a municipal police department issuing a  
          concealed carry permit to charge an applicant for the license a  
          fee sufficient to cover the reasonable costs of issuing and  
          enforcement of the license.
          
          Existing law states that 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:








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                 The person applying is of good moral character (Penal  
               Code §§ 26150 and 26155(a)(1));

                 Good cause exists for the issuance (Penal Code §§ 26150  
               and 26155(a)(2));

                 The person applying meets the appropriate residency  
               requirements (Penal Code §§ 26150 and 26155(a)(3)); and, 

                 The person has completed the appropriate training  
               course, as specified.  (Penal Code §§ 26150 and  
               26155(a)(4)).

          Existing law 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 license to carry a concealed handgun upon his or her  
               person (Penal Code §§ 26150 and 26155(b)(1)); or,

                 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.  (Penal Code §§ 26150  
               and 26155(b)(2).)

          Existing law 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 § 26155(b)(3).)

          Existing law 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 § 26220.)

          Existing law provides that a license may include any reasonable  
          restrictions or conditions that the issuing authority deems  
          warranted.  (Penal Code § 26200.)

          Existing law states that the fingerprints of each applicant are  
          taken and submitted to the Department of Justice (DOJ).   








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          Provides criminal penalties for knowingly filing a false  
          application for a concealed weapon license.  (Penal Code §§  
          26180 and 26185.)

          Existing law requires the fingerprints of each applicant for a  
          license to carry a concealed handgun be taken and two copies on  
          forms prescribed by the DOJ and be forwarded to DOJ. Upon  
          receipt of the fingerprints and the required fee, DOJ must  
          promptly furnish the forwarding licensing authority a report of  
          all data and information pertaining to any applicant of which  
          there is a record in its office, including information as to  
          whether the person is prohibited by state or federal law from  
          possessing, receiving, owning, or purchasing a firearm.  (Penal  
          Code § 26185(a).)  

          Existing law states that if the license applicant has previously  
          applied to the same licensing authority for a license to carry  
          firearms and the applicant's fingerprints and fee have been  
          previously forwarded to DOJ, the licensing authority must note  
          the previous identification numbers and other data that would  
          provide positive identification in the files of DOJ on the copy  
          of any subsequent license submitted DOJ and no additional  
          application form or fingerprints are required.  (Penal Code §  
          26185(b).)  

          Existing law states that if a license applicant has a license  
          issued and the applicant's fingerprints have been previously  
          forwarded to DOJ the licensing authority must note the previous  
          identification numbers and other data that would provide  
          positive identification in
          the files of DOJ  on the copy of any subsequent license  
          submitted to DOJ and no additional fingerprints are required.   
          (Penal Code § 26185(c).)  

          Existing law states that each applicant for a new license to  
          carry a concealed handgun, or for the renewal of a license, must  
          pay at the time of filing the application a fee determined by  
          DOJ. The fee cannot exceed the application processing costs of  
          DOJ.  (Penal Code § 26190(a).)  

          Existing law allows the licensing authority of any city, city  
          and county, or county to charge an additional fee in an amount  
          equal to the actual costs for processing the application for a  
          new license, including any required notices, excluding  








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          fingerprint and training costs, but in no case to exceed one  
          hundred dollars ($100), and must transmit the additional fee, if  
          any, to the city, city and county, or county treasury.  The  
          first 20 percent of this additional local fee may be collected  
          upon filing of the initial application. The balance of the fee  
          shall be collected only upon issuance of the license.  (Penal  
          Code § 26190(b).)  

          Existing law allows the licensing authority to charge an  
          additional fee, not to exceed twenty-five dollars ($25), for  
          processing the application for a license renewal, and shall  
          transmit an additional fee, if any, to the city, city and  
          county, or county treasury.  (Penal Code § 26190(c).)  

          This bill requires a sheriff, chief, or other head of a  
          municipal police department issuing a concealed carry license to  
          charge an applicant for the license a fee sufficient to cover  
          the reasonable costs of issuing and enforcement of the license. 

                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past several years this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   
          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In December of 2015 the administration reported that as "of  
          December 9, 2015, 112,510 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.0% of design bed  
          capacity, and 5,264 inmates were housed in out-of-state  
          facilities.  The current population is 1,212 inmates below the  








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          final court-ordered population benchmark of 137.5% of design bed  
          capacity, and has been under that benchmark since February  
          2015."  (Defendants' December 2015 Status Report in Response to  
          February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge  
          Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)  One  
          year ago, 115,826 inmates were housed in the State's 34 adult  
          institutions, which amounted to 140.0% of design bed capacity,  
          and 8,864 inmates were housed in out-of-state facilities.   
          (Defendants' December 2014 Status Report in Response to February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).)  
           
          While significant gains have been made in reducing the prison  
          population, the state must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.

          COMMENTS
          
          1.  Need for This Legislation

          According to the author:

               Current state law prohibits anyone from carrying a  








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               concealed weapon unless that person applies for and  
               obtains a permit.  The issuing authority, usually a  
               county sheriff, may charge a fee to process the permit  
               application.  There is no guidance on how much to  
               charge for the application fee.  Given this vagueness,  
               it is unsurprising that different issuing authorities  
               have interpreted the law differently.   
               This has caused unequal treatment across California  
               and budget shortfalls for local governments.   
               Sacramento County is facing a shortfall of  
               approximately $250,000 caused by inadequate CCW  
               application fees and is facing cuts to essential  
               programs.  
               This bill seeks to remedy this vagueness by requiring  
               the issuing authority to charge a fee for the permit  
               which fully covers the cost of processing and  
               enforcing concealed weapon permits.

          2.  Current Events

          According to a recent Sacramento Bee editorial:

               Sacramento County Sheriff Scott Jones seems to be within  
               his rights in issuing concealed weapons permits to  
               law-abiding county residents essentially for the asking.  
               But taxpayers shouldn't be asked to foot the bill for his  
               politically popular perk, and that's what's happening.


               State law dictates the amount that sheriffs can charge to  
               issue concealed weapons permits, essentially $100, plus the  
               cost of fingerprinting. The law also allows local officials  
               to raise fees by no more than the Consumer Price Index.  
               Sacramento County hasn't done so, and at the very least, it  
               should do that. 


               Even if the county were to take that step, the cost of  
               issuing concealed-carry permits evidently exceeds  
               inflation. According to Jones' budget numbers, the staffing  
               cost to grant permits will run about $461,000 this year.  
               But the fees charged to permit seekers will cover less than  
               half that, meaning that taxpayers must pick up the  
               remainder, almost $239,000. Worse, the cost to Sacramento  








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               taxpayers more than doubled between the 2014-15 fiscal year  
               and the current fiscal year.


               The California State Sheriffs' Association has not asked  
               the Legislature for authority to raise the fees. 


               Kern County Sheriff Donny Youngblood, president of the  
               sheriffs' association, told an editorial board member that  
               he has "no appetite" to make concealed-carry permits more  
               expensive. We understand the reluctance. Sheriffs, too,  
               must get elected.


               But the Legislature could and should force the issue,  
               especially this month as the new budget is being written.  
               Lawmakers ought to insert language into one of the  
               budget-related trailer bills making clear that local  
               authorities can charge the full cost of issuing  
               concealed-carry permits.


               Under Jones, the number of permits has soared, from 350  
               when he took office five years ago to nearly 8,000 now,  
               making Sacramento County home to the state's third-largest  
               number of concealed-carry permits, after Fresno and Orange  
               counties.


               Jones assigns one full-time deputy to the task, and as many  
               as 10 on-call employees, depending on demand. Permit  
               seekers pay a $20 application fee, $80 upon issuance, and  
               $122 for fingerprinting. A combined fee of $222 hardly  
               seems exorbitant. 


               Jones said in an email that issuing permits "is not a  
               business enterprise," and that when the department tried to  
               make the operation cost-neutral, the "delays and backup  
               were untenable." But unless a gun owner is in immediate  
               danger - and we doubt that all 8,000 of the Sacramento  
               County residents with permits are being actively threatened  
               - what exactly is the rush? 








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               Jones also invokes a note of populism, saying in an email  
               that "raising fees would have a disproportionate impact on  
               our lower income residents." Even if that's true - and  
               we're guessing people who can afford guns and ammunition  
               are not destitute - sheriffs could, if authorized by the  
               Legislature, impose surcharges on wealthier gun owners to  
               help the lower-income permit seekers. 


               In Sacramento County's $3.6 billion budget, $239,000 is a  
               blip. But as they write their new budget, supervisors  
               should consider other uses for that $239,000. Supervisor  
               Phil Serna, for one, has cited a need for a  
               Spanish-speaking psychologist. Shelter providers could use  
               $239,000 to find housing for homeless people. Jones could  
               hire additional deputies who are well-trained in the use of  
               firearms. 


               Jones defends his liberal gun permit policy, telling The  
               Sacramento Bee's Hudson Sangree and Phillip Reese that  
               allowing people to carry concealed weapons empowers them  
               "to feel like they are safer in a world that is  
               increasingly not safe." 


               We disagree. We do not feel safer now that one in every 135  
               Sacramento County residents has a concealed-carry permit.  
               And we certainly don't believe taxpayers should pay for the  
               gun owners' privilege.


               (Sheriff Jones' liberal gun permit policy costs all  
               taxpayers, Sacramento Bee Editorial Board, Sacramento Bee,  
               May 31, 2016,  
               http://www.sacbee.com/opinion/editorials/article  
               81014202.html.) 

          3.  Effect of Legislation 

          Existing law allows the licensing authority of any city, city  
          and county, or county to charge a fee in an amount equal to the  








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          actual costs for processing the application for a new CCW up to  
          one hundred dollars.  (Penal Code § 26190(b).)  The intent of  
          this legislation is to require that the licensing authority  
          charge "a fee sufficient to cover the reasonable costs of  
          issuing and enforcement of the license."   That said, this  
          legislation does not delete or modify the existing provision  
          that allows the licensing authority to charge a fee-- meaning  
          that there would be one section in the Penal Code with a  
          permissive fee and a different section with a mandatory fee.   

          Members may wish to recommend the following amendments: (1)  
          delete the language of the legislation; (2) modify existing law  
          to make the CCW fee mandatory; (3) delete the $100 limit on the  
          CCW fee; and, (4) provide that the fee shall be sufficient to  
          not only cover the reasonable costs of issuing the CCW, but also  
          the cost of enforcement. 
                                          


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