BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 1134| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- 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: AB 1134 Page 2 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 AB 1134 Page 3 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 AB 1134 Page 4 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 AB 1134 Page 5 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 AB 1134 Page 6 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 AB 1134 Page 7 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 AB 1134 Page 8 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. AB 1134 Page 9 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 **** AB 1134 Page 10