AB 1134, as amended, Mark Stone. Firearms: concealed firearm licenses.
Existing law authorizes the sheriff of a county, or the chief or other head of a municipal police department, upon proof that the person applying is of good moral character, that good cause exists, and that the person applying satisfies certain conditions, to issue a license for the person to carry a concealed handgun, as specified. Existing law provides that the chief or other head of a municipal police department is not precluded from entering an agreement with the sheriff of the county in which the city is located for the sheriff to process all applications for licenses for a person to carry a concealed handgun, renewals of those licenses, and amendments to those licenses.
This bill wouldbegin delete provide that the sheriff of the county in which the city is located is not precluded from entering an agreement with the chief or other head of a municipal
police department of a city for the chief or other head of a municipal police department to process all applications for licenses for a person to carry a concealed handgun, renewals of those licenses, and amendments to those licenses.end deletebegin insert authorize a sheriff to require an applicant who resides in a city with a municipal police department to apply for a license, renew a license, or amend a license to carry a concealed handgun through the chief of police or other head of the municipal police department in lieu of the sheriff, provided that the chief or other head of the municipal police department agrees to process those applications. The bill would authorize, in the discretion of the sheriff, the sheriff to review the denial by the municipal police department of an application for, or renewal of, a license to carry a concealed handgun, and would authorize a sheriff to issue or renew a license after that review, as specified.end insert
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 26150 of the Penal Code is amended to
2read:
(a) When a person applies for a license to carry a pistol,
4revolver, or other firearm capable of being concealed upon the
5person, the sheriff of a county may issue a license to that person
6upon proof of all of the following:
7(1) The applicant is of good moral character.
8(2) Good cause exists for issuance of the license.
9(3) The applicant is a resident of the county or a city within the
10county, or the applicant’s principal place of employment or
11business is in the county or a city within the county and the
12applicant spends a substantial period of time in that place of
13employment
or business.
14(4) The applicant has completed a course of training as described
15in Section 26165.
16(b) The sheriff may issue a license under subdivision (a) in
17either of the following formats:
18(1) A license to carry concealed a pistol, revolver, or other
19firearm capable of being concealed upon the person.
20(2) Where the population of the county is less than 200,000
21persons according to the most recent federal decennial census, a
22license to carry loaded and exposed in only that county a pistol,
23revolver, or other firearm capable of being concealed upon the
24person.
25(c) Nothing in this chapter shall preclude the sheriff of the
26
county in which the city is located from entering an agreement
27with the chief or other head of a municipal police department of
P3 1a city for the chief or other head of a municipal police department
2to process all applications for licenses, renewals of licenses, and
3amendments to licenses pursuant to this chapter.
4(c) (1) A sheriff may require an applicant who resides in a city
5with a municipal police department to apply for a license, renew
6a license, or amend a license through the chief of police or other
7head of the municipal police department in lieu of the sheriff,
8provided that the chief or other head of the municipal police
9department agrees to process those applications. As part of that
10processing, if an applicant is denied a license or renewal of a
11license,
the chief or other head of the municipal police department
12shall inform the applicant that the denial may be reviewed, at the
13sheriff’s discretion, if requested by the applicant. The sheriff may,
14but is not required to, review the denial by the chief or other head
15of an application for a license or for the renewal of a license.
16(2) When reviewing the denial of a license or denial of the
17renewal of a license because the applicant is not of good moral
18character, the sheriff may rely on the findings, background check,
19or other investigation conducted by the municipal police
20department. If the sheriff determines upon review that the applicant
21is of good moral character, the sheriff may issue or renew a license
22pursuant to subdivision (a).
23(3) When reviewing the denial of a license or denial of the
24renewal of a license because the applicant does not demonstrate
25good cause for a license, the sheriff shall review that determination
26de novo. If the sheriff determines upon review that the applicant
27demonstrates good cause for a license, the sheriff may issue or
28renew a license pursuant to subdivision (a).
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