BILL ANALYSIS Ó
AB 450
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
450 (McCarty)
As Amended August 2, 2016
Majority vote
--------------------------------------------------------------------
|ASSEMBLY: | | (April 30, |SENATE: |23-16 |(August 17, |
| | |2015) | | |2016) |
| | | | | | |
| | | | | | |
--------------------------------------------------------------------
(vote not relevant)
Original Committee Reference: NAT. RES.
SUMMARY: Requires the licensing authority for any city or
county issuing concealed firearm licenses to charge an applicant
a fee sufficient to cover the reasonable costs of processing,
issuing enforcement of the license, eliminates the existing $100
limit to process a new concealed carry license.
The Senate amendments delete the Assembly version of this bill
and instead require the sheriff, chief, or other head of a
municipal police department issuing concealed firearm licenses
to charge an applicant a fee sufficient to cover the reasonable
costs of issuing and enforcement of the license.
EXISTING LAW:
AB 450
Page 2
1)Specifies that each applicant for a new license to carry a
concealed firearm or for the renewal of a license to carry a
concealed firearm shall pay at the time of filing the
application a fee determined by the Department of Justice
(DOJ).
2)States that the fee shall not exceed the application
processing costs of the DOJ for the direct costs of furnishing
the report, as specified.
3)Provides that after DOJ establishes fees sufficient to
reimburse DOJ for processing costs, fees charged shall
increase at a rate not to exceed the legislatively approved
annual cost-of-living adjustments for the DOJ's budget.
4)Allows the licensing authority for concealed firearms 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 $100.
5)Specifies that the first 20% 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.
6)Allows the licensing authority to charge an additional fee,
not to exceed $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.
7)States that the local fees may be increased at a rate not to
exceed any increase in the California Consumer Price Index as
AB 450
Page 3
compiled and reported by the Department of Industrial
Relations.
8)Requires the licensing authority to transmit the fee to the
city, city and county, or county treasury.
9)Specifies that if psychological testing on the initial
application is required by the licensing authority, the
license applicant shall be referred to a licensed psychologist
used by the licensing authority for the psychological testing
of its own employees. The applicant may be charged for the
actual cost of the testing in an amount not to exceed $150.
10)States that no requirement, charge, assessment, fee, or
condition that requires the payment of any additional funds by
the applicant, or requires them to obtain liability insurance,
may be imposed by any licensing authority as a condition of
the application for a license, except as authorized.
11)States that 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, or head of a
municipal police department, may issue a license to carry a
concealed firearm to that person upon proof of all of the
following:
a) The applicant is of good moral character.
b) Good cause exists for issuance of the license.
c) 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.
AB 450
Page 4
d) The applicant has completed a specified course of
firearm training.
12)Allows the sheriff, in counties with population of less than
200,000 persons, as specified, to issue a license to carry
loaded and exposed in only that county a pistol, revolver, or
other firearm capable of being concealed upon the person.
13)Specifies that the sheriff of the county can enter into an
agreement with the chief or other head of a municipal police
department of a city to process all applications for licenses,
renewals of licenses, or amendments to licenses, as specified,
in lieu of the sheriff.
AS PASSED BY THE ASSEMBLY, this bill specified that moneys
appropriated from the Greenhouse Gas Reduction Fund (GGRF) may
be used for implementation of the Property Assessed Clean Energy
(PACE) Reserve Program.
FISCAL EFFECT: None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS: 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, charges 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 [carry
AB 450
Page 5
concealed weapon] 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."
This bill was substantially amended in the Senate and the
Assembly-approved provisions of this bill were deleted. This
bill, as amended in the Senate is inconsistent with Assembly
actions and the provisions of this bill, as amended in the
Senate, have not been heard in an Assembly policy committee.
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
FN: 0003750