Amended in Senate August 18, 2015

Amended in Senate June 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 1134

Introduced by Assembly Member Mark Stone

February 27, 2015

An act to amend Section 26150 of the Penal Code, relating to firearms.

LEGISLATIVE COUNSEL’S DIGEST

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 would begin delete 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 delete begin insert provide that a sheriff is not precluded from entering into 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 to carry a concealed handgun, renewals of those licenses, and amendments of those licenses, for that city’s residents. end insert begin insert The bill would state related findings and declarations of the Legislature. 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:

begin insert

begin insert SECTION 1. end insert   

end insert begin insert

The Legislature finds and declares all of the
following:

end insert begin insert

(a) It is the intent of the Legislature in enacting this measure
to respond to the Superior Court of the County of Los Angeles
decision in Lu v. County of Los Angeles (2014) BC480493, by
providing county sheriffs with the same authority to enter into
agreements with a local police chief or other head of a municipal
police department as is provided to a police chief or other head
of a municipal police department in subdivision (c) of Section
26155 of the Penal Code. That authority is intended to include,
but not be limited to, the ability to enter into an agreement
delegating to the chief or other head of the city’s police department,
the sheriff’s discretionary authority to issue licenses to city
residents to carry a concealed firearm.

end insert begin insert

(b) This legislation is not intended to restrict a chief or other
head of a municipal police department’s authority under existing
law to issue, renew, or amend a license to carry a concealed
firearm for a resident of the city in instances in which the sheriff
has denied the resident’s application, except where that authority
has been delegated to the sheriff by mutual agreement.

end insert begin insert

(c) This legislation is not intended to restrict a sheriff’s authority
under existing law to issue, renew, or amend a license to carry a
concealed firearm for a resident of a city in instances in which the
chief or other head of the municipal police department has denied
the resident’s application, except where that authority has been
delegated to the chief or other head of a municipal police
department by mutual agreement.

end insert

begin delete SECTION 1. end delete
begin insert SEC. 2. end insert   

Section 26150 of the Penal Code is amended to read:

26150.  

(a) 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 may issue a license to that person
upon proof of all of the following:

(1) The applicant is of good moral character.

(2) Good cause exists for issuance of the license.

(3) 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.

(4) The applicant has completed a course of training as described
in Section 26165.

(b) The sheriff may issue a license under subdivision (a) in
either of the following formats:

(1) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.

(2) Where the population of the county is less than 200,000
persons according to the most recent federal decennial census, a
license to carry loaded and exposed in only that county a pistol,
revolver, or other firearm capable of being concealed upon the
person.

begin delete

(c) (1) A sheriff may 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 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. As part of that
processing, if an applicant is denied a license or renewal of a
license, the chief or other head of the municipal police department
shall inform the applicant that the denial may be reviewed, at the
sheriff’s discretion, if requested by the applicant. The sheriff may,
but is not required to, review the denial by the chief or other head
of an application for a license or for the renewal of a license.

(2) When reviewing the denial of a license or denial of the
renewal of a license because the applicant is not of good moral
character, the sheriff may rely on the findings, background check,
or other investigation conducted by the municipal police
department. If the sheriff determines upon review that the applicant
is of good moral character, the sheriff may issue or renew a license
pursuant to subdivision (a).

(3) When reviewing the denial of a license or denial of the
renewal of a license because the applicant does not demonstrate
good cause for a license, the sheriff shall review that determination
de novo. If the sheriff determines upon review that the applicant
demonstrates good cause for a license, the sheriff may issue or
renew a license pursuant to subdivision (a).

end delete begin insert

(c) (1) Nothing in this chapter shall preclude the sheriff of the
county from entering 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 pursuant to this chapter, in lieu of the sheriff.

end insert begin insert

(2) This subdivision shall only apply to applicants who reside
within the city in which the chief or other head of the municipal
police department has agreed to process applications for licenses,
renewals of licenses, and amendments to licenses, pursuant to this
chapter.

end insert