BILL ANALYSIS                                                                                                                                                                                                    Ó






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          |SENATE RULES COMMITTEE            |                       AB 1134|
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                                   THIRD READING 


          Bill No:  AB 1134
          Author:   Mark Stone (D)
          Amended:  8/18/15 in Senate
          Vote:     21  

           SENATE PUBLIC SAFETY COMMITTEE:  5-2, 7/14/15
           AYES:  Hancock, Glazer, Leno, Liu, Monning
           NOES:  Anderson, Stone

           ASSEMBLY FLOOR:  51-26, 4/16/15 - See last page for vote

           SUBJECT:   Firearms:  concealed firearm licenses


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


          DIGEST:   This bill 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.

          ANALYSIS: 
          
          Existing law: 

          1)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:








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

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

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

             d)   The person has completed the appropriate training  
               course, as specified.  (Penal Code §§ 26150 and  
               26155(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 (Penal Code §§ 26150 and 26155(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.  (Penal Code §§ 26150  
               and 26155(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.   
            (Penal Code § 26155(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.  (Penal Code § 26220.)

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

          6)States that the fingerprints of each applicant are taken and  







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            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.)

          7)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.)

          This bill 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.

          Background

          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  







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               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  
               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  







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               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  
               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  







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                    resident of the county.  To determine, in  
                    advance, as a uniform rule, that only selected  
                    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  







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          applicant to first seek a CCW permit with his/her local police  
          chief or city."  This matter is currently pending review by the  
          California Court of Appeals. 

          Comments

          This legislation is intended to address the ruling in Lu by  
          authorizing 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.

          FISCAL EFFECT:   Appropriation:    No          Fiscal  
          Com.:NoLocal:    No


          SUPPORT:   (Verified 8/19/15)


          California State Sheriffs' Association (co-source)
          Los Angeles County Sheriff's Department (co-source)


          OPPOSITION:   (Verified 8/19/15)


          The Calguns Foundation
          California Rifle and Pistol Association
          Firearms Policy Coalition
          Gun Owners of California
          National Rifle Association 

          ARGUMENTS 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  







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               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.



          ARGUMENTS IN OPPOSITION:According to the Firearms Policy  
          Coalition: 

          The members and supporters of Firearms Policy Coalition urge  
          your "NO" vote
          on Assembly Bill 1134 ("AB 1134").

                AB 1134 is NOT SUPPORTED by the California Police Chiefs'
               Association or law enforcement groups like Peace Officers
               Research Association of California (PORAC).

                AB 1134 undermines the will of the Legislature and the  
          wisdom of the
               courts that "[a]pplications for licenses?. shall be uniform  
          throughout the
               state." (Penal Code § 26175.)

                AB 1134 does not require any public notice or comment  
          period prior to
               any proposed agreements or changes to policies.

                AB 1134 would allow sheriffs to make backroom deals with  
          police chiefs
               that affect thousands, if not millions, of their residents  
          with nothing more
               than a phone call.







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                AB 1134 threatens the democratic process and local  
          accountability by
               allowing elected sheriffs to delegate important,  
          legislatively-mandated
               duties to city-appointed, un-elected police chiefs.

                AB 1134 does not require any publication of agreements  
          and allows local
               governments to play "hide the ball."

                AB 1134 is about one thing, and one thing only: Saving  
          the civil-rights
               violating Los Angeles County Sheriff's Department from a  
          losing legal
               battle.

          The only thing that is transparent about AB 1134 is the naked  
          agenda of one local agency (LASD) and its desire to relieve  
          itself from the burden of a statutory mandate it has not  
          complied with for decades.

          ASSEMBLY FLOOR:  51-26, 4/16/15
          AYES:  Alejo, Baker, Bloom, Bonilla, Bonta, Brown, Burke,  
            Calderon, Campos, Chau, Chiu, Chu, Cooley, Cooper, Dababneh,  
            Daly, Dodd, Eggman, Cristina Garcia, Eduardo Garcia, Gatto,  
            Gipson, Gomez, Gonzalez, Gordon, Hadley, Roger Hernández,  
            Holden, Irwin, Jones-Sawyer, Levine, Lopez, Low, McCarty,  
            Medina, Mullin, Nazarian, O'Donnell, Perea, Rendon,  
            Ridley-Thomas, Rodriguez, Salas, Santiago, Mark Stone,  
            Thurmond, Ting, Weber, Williams, Wood, Atkins
          NOES:  Achadjian, Travis Allen, Bigelow, Brough, Chang, Chávez,  
            Frazier, Beth Gaines, Gallagher, Gray, Grove, Harper, Kim,  
            Lackey, Linder, Maienschein, Mathis, Mayes, Melendez,  
            Obernolte, Olsen, Patterson, Steinorth, Wagner, Waldron, Wilk
          NO VOTE RECORDED:  Dahle, Jones, Quirk

          Prepared by:Jessica  Devencenzi / PUB. S. / 
          8/19/15 20:55:34


                                   ****  END  ****









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