BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON PUBLIC SAFETY
                             Senator Loni Hancock, Chair
                                2015 - 2016  Regular 

          Bill No:    AB 1134       Hearing Date:    July 14, 2015    
          
           ----------------------------------------------------------------- 
          |Author:    |Mark Stone                                           |
          |-----------+-----------------------------------------------------|
          |Version:   |June 16, 2015                                        |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Urgency:   |No                     |Fiscal:    |No               |
           ----------------------------------------------------------------- 
           ----------------------------------------------------------------- 
          |Consultant:|JRD                                                  |
          |           |                                                     |
           ----------------------------------------------------------------- 


                   Subject:  Firearms: Concealed Firearm Licenses



          HISTORY

          Source:   California State Sheriffs' Association and Los Angeles  
                    County Sheriff's Department

          Prior Legislation:None known

          Support:  Unknown

          Opposition:California Rifle and Pistol Association; Firearms  
                    Policy Coalition; Gun Owners of California; Law Center  
                    to Prevent Gun Violence (unless amended); National  
                    Rifle Association 

          Assembly Floor Vote:                 51 - 26


          PURPOSE

          The purpose of this legislation is to allow a sheriff to: 1)  
          require an applicant, who resides in a city with a municipal  
          police department, to apply for a concealed carry license, renew  
          a license, or amend a license to carry a concealed handgun  








          AB 1134  (Mark Stone )                                     Page  
          2 of ?
          
          
          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; and 2) review any  denial by the  
          chief or other head of an application for a license or for the  
          renewal of a license, as specified.

          Existing law states that 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:

                 The person applying is of good moral character (Penal  
               Code §§ 26150 and 26155(a)(1));

                 Good cause exists for the issuance (Penal Code §§ 26150  
               and 26155(a)(2));

                 The person applying meets the appropriate residency  
               requirements (Penal Code §§ 26150 and 26155(a)(3)); and, 

                 The person has completed the appropriate training  
               course, as specified.  (Penal Code §§ 26150 and  
               26155(a)(4)).

          Existing law 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 license to carry a concealed handgun upon his or her  
               person (Penal Code §§ 26150 and 26155(b)(1)); or,

                 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.  (Penal Code §§ 26150  
               and 26155(b)(2).)

          Existing law 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.  (Penal Code § 26155(b)(3).)








          AB 1134  (Mark Stone )                                     Page  
          3 of ?
          
          

          Existing law 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.  (Penal Code § 26220.)

          Existing law provides that a license may include any reasonable  
          restrictions or conditions that the issuing authority deems  
          warranted.  (Penal Code § 26200.)

          Existing law states that the fingerprints of each applicant are  
          taken and submitted to the Department of Justice (DOJ).   
          Provides criminal penalties for knowingly filing a false  
          application for a concealed weapon license.  (Penal Code §§  
          26180 and 26185.)

          Existing law requires the fingerprints of each applicant for a  
          license to carry a concealed handgun be taken and two copies on  
          forms prescribed by the DOJ and be forwarded to DOJ. Upon  
          receipt of the fingerprints and the required fee, DOJ must  
          promptly furnish the forwarding licensing authority a report of  
          all data and information pertaining to any applicant of which  
          there is a record in its office, including information as to  
          whether the person is prohibited by state or federal law from  
          possessing, receiving, owning, or purchasing a firearm.  (Penal  
          Code § 26185(a).)  

          Existing law states that if the license applicant has previously  
          applied to the same licensing authority for a license to carry  
          firearms and the applicant's fingerprints and fee have been  
          previously forwarded to DOJ, the licensing authority must note  
          the previous identification numbers and other data that would  
          provide positive identification in the files of DOJ on the copy  
          of any subsequent license submitted DOJ and no additional  
          application form or fingerprints are required.  (Penal Code §  
          26185(b).)  

          Existing law states that if a license applicant has a license  
          issued and the applicant's fingerprints have been previously  
          forwarded to DOJ the licensing authority must note the previous  
          identification numbers and other data that would provide  
          positive identification in
          the files of DOJ  on the copy of any subsequent license  








          AB 1134  (Mark Stone )                                     Page  
          4 of ?
          
          
          submitted to DOJ and no additional fingerprints are required.   
          (Penal Code § 26185(c).)  

          Existing law states that each applicant for a new license to  
          carry a concealed handgun, or for the renewal of a license, must  
          pay at the time of filing the application a fee determined by  
          DOJ. The fee cannot exceed the application processing costs of  
          DOJ.  (Penal Code § 26190(a).)  

          Existing law allows the licensing authority 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 one  
          hundred dollars ($100), and must transmit the additional fee, if  
          any, to the city, city and county, or county treasury.  The  
          first 20 percent 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.  (Penal  
          Code § 26190(b).)  

          Existing law allows the licensing authority to charge an  
          additional fee, not to exceed twenty-five dollars ($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.  (Penal Code § 26190(c).)  

          Existing law states that a license to carry a concealed handgun  
          cannot be issued if DOJ determines that the person is prohibited  
          by state or federal law from possessing, receiving, owning, or  
          purchasing a firearm. A license must be revoked by the local  
          licensing authority if at any time either the local licensing  
          authority is notified by DOJ that a licensee is prohibited by  
          state or federal law from owning or purchasing firearms, or the  
          local licensing authority determines that the person is  
          prohibited by state or federal law from possessing, receiving,  
          owning, or purchasing a firearm.  If at any time DOJ determines  
          that a licensee is prohibited by state or federal law from  
          possessing, receiving, owning, or purchasing a firearm, DOJ  
          shall
          immediately notify the local licensing authority of the  
          determination.  (Penal Code § 26195.)









          AB 1134  (Mark Stone )                                     Page  
          5 of ?
          
          
          This bill states that 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.

          This bill states that 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, as specified.

          This bill states 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, as specified.  



                    RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION

          For the past eight years, this Committee has scrutinized  
          legislation referred to its jurisdiction for any potential  
          impact on prison overcrowding.  Mindful of the United States  
          Supreme Court ruling and federal court orders relating to the  
          state's ability to provide a constitutional level of health care  
          to its inmate population and the related issue of prison  
          overcrowding, this Committee has applied its "ROCA" policy as a  
          content-neutral, provisional measure necessary to ensure that  
          the Legislature does not erode progress in reducing prison  
          overcrowding.   








          AB 1134  (Mark Stone )                                     Page  
          6 of ?
          
          

          On February 10, 2014, the federal court ordered California to  
          reduce its in-state adult institution population to 137.5% of  
          design capacity by February 28, 2016, as follows:   

                 143% of design bed capacity by June 30, 2014;
                 141.5% of design bed capacity by February 28, 2015; and,
                 137.5% of design bed capacity by February 28, 2016. 

          In February of this year the administration reported that as "of  
          February 11, 2015, 112,993 inmates were housed in the State's 34  
          adult institutions, which amounts to 136.6% of design bed  
          capacity, and 8,828 inmates were housed in out-of-state  
          facilities.  This current population is now below the  
          court-ordered reduction to 137.5% of design bed capacity." (  
          Defendants' February 2015 Status Report In Response To February  
          10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman  
          v. Brown, Plata v. Brown (fn. omitted).

          While significant gains have been made in reducing the prison  
          population, the state now must stabilize these advances and  
          demonstrate to the federal court that California has in place  
          the "durable solution" to prison overcrowding "consistently  
          demanded" by the court.  (Opinion Re: Order Granting in Part and  
          Denying in Part Defendants' Request For Extension of December  
          31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court,  
          Coleman v. Brown, Plata v. Brown (2-10-14).  The Committee's  
          consideration of bills that may impact the prison population  
          therefore will be informed by the following questions:

              Whether a proposal erodes a measure which has contributed  
               to reducing the prison population;
              Whether a proposal addresses a major area of public safety  
               or criminal activity for which there is no other  
               reasonable, appropriate remedy;
              Whether a proposal addresses a crime which is directly  
               dangerous to the physical safety of others for which there  
               is no other reasonably appropriate sanction; 
              Whether a proposal corrects a constitutional problem or  
               legislative drafting error; and
              Whether a proposal proposes penalties which are  
               proportionate, and cannot be achieved through any other  
               reasonably appropriate remedy.








          AB 1134  (Mark Stone )                                     Page  
          7 of ?
          
          


          COMMENTS

          1.  Need for This Legislation

          According to the author:

               Existing law allows the county sheriff or the chief of  
               the city police department to grant licenses to carry  
               concealed firearms. In addition, existing law also  
               allows a police chief to enter in an agreement with  
               the sheriff so that the sheriff handles and processes  
               all concealed carry weapon (CCW) permits from a city.  
               However, there is nothing in existing law that allows  
               the sheriff to defer to a police chief in handling CCW  
               applications. I agree with the California Sheriffs 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 CCW. 

          2.  Lu v. County of Los Angeles

          The Los Angeles County Sheriff's Department (LASD) instituted a  
          policy requiring applicants for licenses to carry a concealed  
          handgun to 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).   The court stated:

               Plaintiffs seek to require Defendants to exercise  
               their statutory duty to determine whether applicants  
               for licenses to carry handguns are of good moral  
               character, are residents of the County, and have good  
               cause for the licenses, as required by Penal Code §§  
               17020 and 26150-26225.  Plaintiffs each seek a license  
               to carry handguns pursuant to Penal Code § 26150, et  
               seq., and assert that they should not have to apply to  
               their own cities for issuance of a concealed weapons  
               license (CCW), as it violates their constitutional  








          AB 1134  (Mark Stone )                                     Page  
          8 of ?
          
          
               rights under the 14th Amendment to be prohibited from  
               going directly to the Los Angeles Sheriff's Department  

               (LASD). . .

               Defendants seek summary judgment/adjudication arguing  
               that the policy requiring residents to seek a CCW  
               permit from their respective city before seeking a CCW  
               permit from the LASD does not violate the law,  
               Plaintiffs fail to prove essential elements  of their  
               causes of action for violation of equal protection  
               under the 14th Amendment of the U.S. Constitution,  
               Platiniffs are not entitled to writ, injunctive, or  
               declaratory relief as they cannot show that the LASD's  
               policy is arbitrary, capricious, or without support,  
               and naming the LASD and Sheriff Baca as defendants is  
               redundant of suing the County of Los Angeles.  

               Plaintiffs argue that this case is really only about  
               whether the LASD must follow the law as written by the  
               legislature and as interpreted by the California Court  
               of Appeal.  The Second District Court of Appeal has  
               expressly ruled that Penal Code §§26150-26225 impose a  
               duty on the LASD to make an investigation and  
               determine an application for a CCW permit on an  
               individual basis.  The sole issue in this case is  
               whether the LASD has to follow that law. 

          The court goes on to find:

               Plaintiffs' opposition heavily relies on Salute v.  
               Pitchess, 61 Cal. App. 3d 557 (1976) to support their  
               argument that Defendants are violating the law.  The  
               court finds that the discussion in Saulte supports  
               denial of this motion. 

               In Salute the plaintiffs "were duly licensed private  
               investigators" seeking CCW permits.  See Id., at p.  
               559.  The Court acknowledged that "[t]he petitioners  
               allege, and the sheriff admits, that the sheriff has a  
               fixed policy of not granting applications under  
               section 12050 except in a limited number of cases."   
               See Id., at p. 560.  In Salute, that policy was stated  








          AB 1134  (Mark Stone )                                     Page  
          9 of ?
          
          
               as follows: 

                    "The Sheriff's policy is not to issue any  
                    concealed weapons permit to any person, except  
                    for judges who express concern for their personal  
                    safety.  In special circumstances, the request of  
                    a public officer holder who expresses concern for  
                    his personal safely would be considered. . ." and  
                    "the outstanding permits issued by the Sheriff  
                    are only 24 in number." See Salute, Id. 

               Plaintiffs successfully argue that the LASD's current  
               policy in this matter is akin to the improper "fixed  
               policy" in Salute.  Here the LASD admits that, where  
               the applicant lives in an incorporated city which is  
               not policed by the LASD, it has a policy requiring  
               that before the LASD will consider and application for  
               a CCW permit such applicant must first apply with the  
               Chief of Police of the city in which the resident  
               lives and be denied a CCW permit.  (Motion, Rogers  
               Dec., 9)  Such a policy is similar to a fixed policy  
               of only granting a limited number of applications  
               because in essence the LASD will not consider any  
               applications that have not been first tendered to the  
               local Chief of Polic[e] of the applicable city.  

               It is clear to this court that the decision in Salute  
               was meant to address strict policies by the LASD that  
               ultimately result in the agency not considering  
               applications on a case-by-case basis.  The Court  
               stated the following: 

                    While the court cannot compel a public officer to  
                    exercise his discretion in any particular manner,  
                    it may direct him to exercise that discretion. We  
                    regard the case at bench as involving a refusal  
                    of the sheriff to exercise the discretion given  
                    him by the statute.  Section 12050 imposes only  
                    three limits on the grant of an application to  
                    carry a concealed weapon: the applicant must be  
                    of good moral character, show good cause and be a  
                    resident of the county.  To determine, in  
                    advance, as a uniform rule, that only selected  








          AB 1134  (Mark Stone )                                     Page  
          10 of ?
          
          
                    public officials can show good cause it to refuse  
                    to consider the existence of good cause on the  
                    part of citizens generally and is an abuse of,  
                    and not an exercise of, discretion.  (Emphasis  
                    added.)  See Salute, Id.

               The Court further stated that "[i]t is the duty of the  
               sheriff to make such an investigation and  
               determination, on an individual basis, on every  
               application under section 12050."  See Id, at p.  
               560-561.  

               Defendants have instituted an improper policy  
               requiring certain applicants such as Plaintiffs to  
               first apply with their city's Chief of Police before  
               filing a separate application with the LASD.  While  
               this court cannot direct Defendants how to exercise  
               their discretion in making the good cause  
               determination during the application process, this  
               court can direct LASD to exercise its discretion and  
               consider the application without first requiring the  
               applicant to seek the CCW permit with his/her local  
               policy chief.  Indeed, Penal Code §26175(g) says "[a]n  
               applicant shall not be required to complete any  
               additional application or form for a license, or to  
               provide any information other than that necessary  to  
               complete the standard application form described in  
               subdivision (a), except to clarify or interpret  
               information provided by the applicant on the standard  
               application form." LASD's policy effectively requires  
               Plaintiffs to present two (2) applications-first to  
               the local Chief of Polic[e] and then to LASD.  This is  
               not proper.  LASD's policy in this case is not  
               consistent with the statutory scheme for issuance of  
               CCW permits as set forth in Penal Code §§26150, et  
               seq., and the policy is not consistent with the Salute  
               case. 

          The court ultimately denied defendants motion for summary  
          judgment and issued a writ of mandamus (mandate) ordering  
          defendants "to consider the applications of all persons seeking  
          a CCW permit in the first instance without requiring any  
          applicant to first seek a CCW permit with his/her local police  








          AB 1134  (Mark Stone )                                     Page  
          11 of ?
          
          
          chief or city."  This matter is currently pending review by the  
          California Court of Appeals. 

          3.  Effect of This Legislation

          The version of this legislation that passed out of the Assembly  
          would have simply authorized 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. This legislation was amended in the Senate to,  
          additionally, allow a sheriff, at his or her discretion, to  
          review a police chief's denial of a CCW request.   

          The proponents of AB 1134 state that this legislation is  
          necessary to allow a sheriff to defer to a police chief in  
          handling CCW applications.  Specifically, the California State  
          Sheriffs' Association states, 

               AB 1134 amends the law so that sheriffs may, but are  
               not required to, enter into agreements with police  
               chiefs to handle CCW applications.  Recent amendments  
               clarify that if such an agreement exists, it would  
               only apply to the resident of a police chief's city.   
               We believe that the police chief, whose department may  
               be more familiar with city residents than a county  
               sheriff, can be better positioned to make the  
               determination that a person should be granted a CCW.   
               In these cases, we believe the sheriff and police  
               chief should be allowed to enter into an agreement, if  
               both parties agree.  However, this measure also  
               specifies that a sheriff may, but is not required to,  
               review the denials of applications. This will ensure  
               CCWs are issued to those qualified under the Penal  
               Code.  

          Given that the proponents argue that a police chief "whose  
          department may be more familiar with city residents than a  
          county sheriff, can be better position to make the determination  
          that a person should be granted a CCW," members may wish to  
          consider whether allowing a sheriff to review a police chief's  








          AB 1134  (Mark Stone )                                     Page  
          12 of ?
          
          
          decision to deny a CCW advances public safety.  



          4.  Issues with This Legislation

          Sheriff Review of the Police Chief Decision:

          This bill states that 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.  And, 
          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.   It is unclear why a review of a denial based on a  
          failure to show good moral character would be treated  
          differently than a review of a failure to show good cause.  

          Background Check:

          When applying for a license to carry a concealed firearm an  
          applicant must be fingerprinted and pay a fee to DOJ to do a  
          background check.  Should the individual pass the background  
          check and be issued a license, DOJ notifies the agency that  
          requested the background of any new prohibiting criminal  
          offense.   It is unclear whether a sheriff, who is reviewing a  
          decision made by another law enforcement agency, would require  
          an individual to resubmit fingerprints.  If the sheriff does not  
          require fingerprints to be resubmitted, the sheriff would not  
          receive subsequent arrest information.  

          Fees Charged for Concealed Carry Permits:

          Existing law allows the licensing authority of any city, city  
          and county, or county to charge fee in an amount equal to the  
          actual costs for processing the application for a new CCW and  
          the licensing authority may collect 20 percent of its fee upon  
          the filing of the application.  (Penal Code § 26190(b).)  It is  
          unclear whether a sheriff, who is reviewing a denial by a police  
          chief, would treat the review as a new application and charge an  
          additional fee.  








          AB 1134  (Mark Stone )                                     Page  
          13 of ?
          
          

          5.  Argument in Support

          According to the Los Angeles County Sheriff's Department:

               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 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.

               AB 1134 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.
          
          6.  Argument in Opposition
           
           According to the Firearms Policy Coalition: 

               Assembly Bill 1134 isn't about California's sheriffs  
               having a newly recognized "need" at all. Rather, AB  
               1134 is a means for sheriffs to abrogate important  
               ministerial duties and re-introduce treacherous  
               political dynamics into a system methodically crafted  
               by the Legislature to establish reasonable and uniform  
               procedural standards. 

               And the political precedent that would be set by  
               passing Assembly Bill 1134 is frightening. AB 1134  
               stands for the proposition that if a local agency  








          AB 1134  (Mark Stone )                                     Page  
          14 of ?
          
          
               ignores for decades the Legislature's well-considered  
               mandates, gets sued for it, and loses in court, the  
               Legislature will save that agency from responsibility  
               by passing a bill to bail them out. 

               If California's sheriffs are concerned about  
               processing an increasing number of carry license  
               applications, a better solution would be to remove  
               that burden from them entirely by way of a  
               standardized, objective, and fair process at the state  
               level. 

               In any case, a municipality's recalcitrance to follow  
               the Legislature's mandates should not be rewarded.

          According to the Law Center to Prevent Gun Violence, which  
          is opposed unless the bill is amended:

               [R]ecent amendments to AB 1134 would make current law  
               even more asymmetrical, not less. As amended, the bill  
               would still authorize county sheriffs to enter into  
               agreements with the chiefs of local police departments  
               allowing the police chief to process all CCW permit  
               applications by his or her city's residents. But AB  
               1134 would now also grant sheriffs the power to  
               unilaterally review and overrule local police  
               departments' considered, final determinations on CCW  
               permit applications. Oddly, the bill would provide no  
               parallel authority for local police departments to  
               review sheriffs' final determinations on CCW  
               applications after entering into an agreement allowing  
               all CCW applications to be processed by the sheriff.   
               This proposed asymmetry is arbitrary, confusing, and  
               simply inconsistent with AB 1134's original purpose of  
               promoting efficient, effective, and informed review of  
               CCW applications by local law enforcement agencies.  
               Such agencies should be authorized, but not required,  
               to decide between themselves whether to provide  
               secondary review of CCW applications by either agency.

               As amended, AB 1134 would now also require a sheriff,  
               when reviewing a local police department's denial of a  
               CCW application for failure to show good cause, to  








          AB 1134  (Mark Stone )                                     Page  
          15 of ?
          
          
               "review that determination de novo," or from the  
               beginning, meaning that the sheriff would be required  
               to repeat the entire application process anew without  
               being able to use any of the information or insights  
               gleaned by the local police department in denying that  
               application. Therefore, instead of promoting  
               coordination between local law enforcement agencies on  
               a matter of significant concern to public safety, this  
               bill would actually require sheriffs reviewing police  
               department determinations to actively ignore the  
               police departments' findings in these cases. We  
               believe such a requirement is ill-considered. If  
               sheriffs and police chiefs wish to adopt such a  
               constraint, they should be authorized, but not  
               required, to do so.

               Instead, we recommend that AB 1134 be amended to  
               include clear, symmetrical language providing both  
               sheriffs and local police departments the same  
               authority 

               to enter into whatever agreements regarding CCW permit  
               applications would suit the needs of their own  
               communities and respective agencies. Accordingly, we  
               recommend that AB 1134 be amended to state as follows,  
               with proposed new language italicized in bold:

                    Cal. Penal Code § 26150:

                    (c) Nothing in this chapter shall preclude the  
                    sheriff of the county in which the city is  
                    located 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, renewals of licenses,  
                    and amendments to licenses, pursuant to this  
                    chapter. Such an agreement may authorize, but is  
                    not required to authorize, the sheriff to review  
                    any determination made by the chief or other head  
                    of a municipal police department of a city  
                    regarding the applications.









          AB 1134  (Mark Stone )                                     Page  
          16 of ?
          
          
                    Cal. Penal Code § 26155:

                    (c) Nothing in this chapter shall preclude the  
                    chief or other head of a municipal police  
                    department of any city 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, renewals of licenses,  
                    and amendments to licenses, pursuant to this  
                    chapter. Such an agreement may authorize, but is  
                    not required to authorize, the chief or other  
                    head of a municipal police department of a city  
                    to review any determination made by the sheriff  
                    regarding the applications.

               These amendments would improve efficiency, clarity,  
               and public safety by giving law enforcement agencies  
               clear, symmetrical authority to enter into agreements  
               regarding CCW permit applications in their own  
               communities as they deem fit. These amendments would  
               cleanly correct the asymmetry in existing law, answer  
               the legal uncertainty created by Lu v. Baca, and avert  
               the potential negative consequences of AB 1134's  
               arbitrary, confusing, and asymmetrical language as  
               currently written.

                                      -- END -