BILL ANALYSIS Ó
AB 1134
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Date of Hearing: April 7, 2015
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Quirk, Chair
AB
1134 (Mark Stone) - As Introduced February 27, 2015
SUMMARY: Authorizes the sheriff of a county in which a city is
located to enter into an agreement with the chief or other head
of the municipal police agency in that city for the chief or
head of that municipal police agency to process all applications
for licenses to carry a concealed handgun upon the person,
renewal of those licenses, and amendments to those licenses.
EXISTING LAW:
1)Provides 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
(Pen.Code, §§ 26150, 26155, subd. (a) (1).);
b) Good cause exists for the issuance (Pen. Code, §§ 26150,
26155, subd. (a) (2).);
c) The person applying meets the appropriate residency
requirements (Pen. Code, §§ 26150, 26155, subd. (a) (3).);
and,
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d) The person has completed the appropriate training
course, as specified. (Pen. Code, §§ 26150, 26155, subd.
(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 (Pen. Code, §§ 26150, 26155, subd. (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. (Pen. Code, §§
26150, 26155, subd. (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.
(Pen. Code, § 26155, subd. (b) (3).)
4)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. (Pen. Code, § 26220.)
5)Provides that a license may include any reasonable
restrictions or conditions that the issuing authority deems
warranted, which shall be listed on the license. (Pen. Code,
§ 26200.)
6)Provides that the fingerprints of each applicant are taken and
submitted to the Department of Justice. Provides criminal
penalties for knowingly filing a false application for a
concealed weapon license. (Pen. Code, §§ 26180, 26185.)
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FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "I agree with
the California State Sheriffs' Association in that the police
chief, whose department may be more familiar with city
residents than a county sheriff, can be better positioned to
make a determination that a person should be granted a
concealed carry weapons (CCW) permit. In these cases, I
believe the sheriff and the police chief should be allowed to
enter to enter into an agreement just as a police chief
currently can enter into an agreement with the sheriff so that
the sheriff can handle and process all CCW permits from a
city.
2)Background: Existing law allows the sheriff of a county or
the chief of a municipal police department to grant a license
to carry a concealed handgun. In addition, existing law
allows a police chief to enter into an agreement with the
sheriff that allows the sheriff to process all applications
for a license to carry a concealed handgun within a city.
However, there is nothing in the law that allows a sheriff to
enter into an agreement with a police chief allowing the
police chief to process all applications from within the city.
The Los Angeles County Sheriffs' Department (LASD) instituted a
policy requiring that applications for licenses to carry a
concealed handgun apply with the police chief in the city in
which the person resides rather than the sheriff. In 2013,
the Los Angeles Superior Court held that the existing law did
not, specifically, provide for that option and ordered the
LASD to process all applications filed with the LASD. (LU v.
County of Los Angeles, BC480493). This bill will give the
LASD the option to enter into an agreement with the chief of
police of a city within the county
3)Argument in Support: The Los Angeles County Sheriff's
Department states, "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
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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
into an agreement with the sheriff of eh county in which the
city is located for the sheriff to process all applications
for licenses for a person to carry a concealed handgun,
renewal of those licenses, and amendments to those licenses.
"This bill would provide that the sheriff of the county in which
the city is located is not precluded from entering into an
agreement with 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."
REGISTERED SUPPORT / OPPOSITION:
Support
California State Sheriffs Association (Sponsor)
Los Angeles County Sheriff's Department
Law Center to Prevent Gun Violence
Opposition
None
Analysis Prepared
by: Gregory Pagan / PUB. S. / (916) 319-3744
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