BILL ANALYSIS Ó
AB 450
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
450 (McCarty)
As Amended August 2, 2016
Majority vote
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|ASSEMBLY: | |(April 30, |SENATE: |23-16 |(August 17, |
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(vote not relevant)
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|COMMITTEE VOTE: |4-2 |(August 23, |RECOMMENDATION: |concur |
| | |2016) | | |
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(Pub. S.)
Original Committee Reference: PUB. S.
AB 450
Page 2
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:
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.
AB 450
Page 3
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
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
AB 450
Page 4
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; and.
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.
AB 450
Page 5
COMMENTS: According to the Author, "AB 450 is a common sense
measure to ensure that local police and sheriff departments have
the resources to properly review applications for CCW permits.
Unfortunately, the current fee structure is rigid, leaving a
strain on some local budgets. This bill gives local governments
flexibility by removing the current structure and requiring the
fees charged for CCW permit applications cover the full costs of
issuing and enforcing the permits."
Analysis Prepared by:
David Billingsley / PUB. S. / (916) 319-3744
FN: 0004834