BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 450|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 450
Author: McCarty (D), et al.
Amended: 8/2/16 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 5-2, 6/28/16
AYES: Hancock, Glazer, Leno, Liu, Monning
NOES: Anderson, Stone
ASSEMBLY FLOOR: 77-0, 4/30/15 - See last page for vote
SUBJECT: Firearms: concealed carry license
SOURCE: Author
DIGEST: This bill requires 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.
ANALYSIS:
Existing law:
1) 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:
a) The person applying is of good moral character (Penal
AB 450
Page 2
Code §§ 26150 and 26155(a)(1));
b) Good cause exists for the issuance (Penal Code §§
26150 and 26155(a)(2));
c) The person applying meets the appropriate residency
requirements (Penal Code §§ 26150 and 26155(a)(3)); and,
d) The person has completed the appropriate training
course, as specified. (Penal Code §§ 26150 and
26155(a)(4)).
2) 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) A license to carry a concealed handgun upon his or her
person (Penal Code §§ 26150 and 26155(b)(1)); 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. (Penal Code §§
26150 and 26155(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.
(Penal Code § 26155(b)(3).)
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.)
4) Provides that a license may include any reasonable
restrictions or conditions that the issuing authority deems
warranted. (Penal Code § 26200.)
5) States that the fingerprints of each applicant are taken and
submitted to the Department of Justice (DOJ). Provides
criminal penalties for knowingly filing a false application
AB 450
Page 3
for a concealed weapon license. (Penal Code §§ 26180 and
26185.)
6) 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).)
7) 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).)
8) 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).)
9) 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).)
10) 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
fingerprint and training costs, but in no case to exceed one
hundred dollars ($100), and must transmit the additional fee,
AB 450
Page 4
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).)
11) 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.
FISCAL EFFECT: Appropriation: No Fiscal
Com.:NoLocal: No
SUPPORT: (Verified8/3/16)
None received
OPPOSITION: (Verified8/3/16)
California State Sheriffs' Association
Firearms Policy Coalition
ARGUMENTS IN SUPPORT: According to the author:
Current state law prohibits anyone from carrying a 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
AB 450
Page 5
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.
ARGUMENTS IN OPPOSITION: According to the California State
Sheriffs' Association:
Existing law provides that an applicant for a new or renewed
CCW must pay a fee to cover the Department of Justice's (DOJ)
application processing costs and provides that the fees
charged shall increase at a rate not to exceed an annual
cost-of-living adjustment. Existing law further permits a
licensing authority to charge an additional fee for the actual
costs of processing the application for a new license,
including any required notices, excluding fingerprint and
training costs, not to exceed $100. A local licensing
authority may also charge an additional fee of up to $25 for
processing the application for a license renewal and a fee not
to exceed $10 to process an amended license. These local fees
may be increased at a rate not to exceed any increase in the
California Consumer Price Index. Additionally, if
psychological testing on the initial application is required
by the licensing authority, the applicant may be charged for
the actual cost of the testing in an amount not to exceed
$150. Finally, existing law provides that no requirement,
charge, assessment, fee, or condition that requires the
payment of any additional funds by the applicant, or requires
the applicant to obtain liability insurance, may be imposed by
any licensing authority as a condition of the application for
a license.
We believe that this bill is unnecessary given the existing
fee structure. Current law requires the submission of fees to
DOJ to cover its costs and permits local authorities to
address its costs, based upon local needs and resources. The
statute directs fee authority to local entities and we believe
retaining local control is not only important, but already
accomplished by existing law. Additionally, as noted above,
AB 450
Page 6
existing law effectively prohibits a licensing authority from
imposing other CCW fees on an applicant as a condition of
licensure. As the bill currently sits, it appears to conflict
with this provision of existing law (subdivision (g) of Penal
Code Section 26190).
ASSEMBLY FLOOR: 77-0, 4/30/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom,
Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau,
Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd,
Eggman, Frazier, Gallagher, Cristina Garcia, Eduardo Garcia,
Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley,
Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer,
Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis,
Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte,
O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon,
Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark
Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams,
Wood, Atkins
NO VOTE RECORDED: Campos, Chávez, Beth Gaines
Prepared by:Jessica Devencenzi / PUB. S. /
8/15/16 9:27:09
**** END ****