BILL ANALYSIS Ó
AB 2510
Page 1
Date of Hearing: April 19, 2016
Counsel: Gabriel Caswell
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Reginald Byron Jones-Sawyer, Sr., Chair
AB
2510 (Linder) - As Introduced February 19, 2016
SUMMARY: Requires the Attorney General to develop a license to
carry a concealed firearm (CCW), with uniform information and
criteria, that may be used as indicia of proof of licensure
throughout the state. Specifically, this bill:
1)Requires the Attorney General to develop a uniform CCW license
that may be used as indicia of proof of licensure throughout
the state.
2)Requires the Attorney General to approve the use of licenses
issued by local agencies if they contain specified information
and a recent photograph of the applicant.
3)Requires the Attorney General to retain exemplars of approved
licenses and maintain a list of agencies issuing local
licenses.
EXISTING LAW:
AB 2510
Page 2
1)Provides a county sheriff or municipal police chief may issue
a license to carry a firearm capable of being concealed upon
the person upon proof that:
a) The person applying is of good moral character (Penal
Code § 12050, subd. (a)(1)(A));
b) Good cause exists for the issuance (Pen. Code § 12050,
subd. (a)(1)(A));
c) The person applying meets the appropriate residency
requirements (Pen. Code § 12050, subd. (a)(1)(D)); and,
d) The person has completed the appropriate training course
(Pen. Code § 12050, subd. (E)).
2)Provides that the license may either:
a) Allow the person to carry a concealed firearm on his or
her person (Pen. Code § 12050, subd. (a)(1)); or,
b) Allow the person to carry a loaded and exposed firearm
in a county whose population is less than 200,000 persons
according to the most recent federal decennial census.
(Pen. Code § 12050, subd. (a)(1).)
3)Provides that a CCW license 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 § 12050,
subd. (a)(2).)
4)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 §
12050, subds. (b) and (c).)
5)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
AB 2510
Page 3
concealed weapon license. (Pen. Code § 12051, subd. (b).)
6)Provides that a person may lawfully possess a loaded firearm
in his or her place of business or residence. (Pen. Code §
12031, subd. (h)(l).)
7)Makes it generally unlawful to carry a concealed handgun or a
loaded firearm in public and in vehicles. (Penal Code § 12025
and 12031.)
8)Specifies that applications for CCW licenses, applications for
amendments to CCW licenses, amendments to CCW licenses, and
CCW licenses under this article shall be uniform throughout
the state, upon forms to be prescribed by the Attorney
General. (Pen. Code, § 26175, subd (a)(1).)
9)Provides that the Attorney General shall convene a committee
composed of one representative of the California State
Sheriffs' Association, one representative of the California
Police Chiefs Association, and one representative of the
Department of Justice to review, and as deemed appropriate,
revise the standard application form for CCW licenses. The
committee shall meet for this purpose if two of the
committee's members deem that necessary. (Pen. Code, § 26175,
subd (a)(2).)
10)States that the application shall include a section
summarizing the statutory provisions of state law that result
in the automatic denial of a license. (Pen. Code, § 26175,
subd (b).)
11)Provides that the standard application form for CCW licenses
shall require information from the applicant, including, but
not limited to, the name, occupation, residence, and business
address of the applicant, the applicant's age, height, weight,
color of eyes and hair, and reason for desiring a license to
carry the weapon. (Pen. Code, § 26175, subd (c).)
12)Specifies that applications for licenses shall be filed in
writing and signed by the applicant. (Pen. Code, § 26175,
subd (d).)
AB 2510
Page 4
13)Provides that applications for amendments to CCW licenses
shall be filed in writing and signed by the applicant, and
shall state what type of amendment is sought and the reason
for desiring the amendment. (Pen. Code, § 26175, subd (e).)
14)States that the forms shall contain a provision whereby the
applicant attests to the truth of statements contained in the
application. (Pen. Code, § 26175, subd (f).)
15)Provides that an 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, except to clarify or interpret
information provided by the applicant on the standard
application form. (Pen. Code, § 26175, subd (g).)
16)States that the standard application form is deemed to be a
local form expressly exempt from the requirements of the
Administrative Procedures Act. (Pen. Code, § 26175, subd
(h).)
17)Provides that any CCW license issued upon the application
shall set forth the licensee's name, occupation, residence and
business address, the licensee's age, height, weight, color of
eyes and hair, and the reason for desiring a license to carry
the weapon, and shall, in addition, contain a description of
the weapon or weapons authorized to be carried, giving the
name of the manufacturer, the serial number, and the caliber.
The license issued to the licensee may be laminated. (Pen.
Code, § 26175, subd (i).)
FISCAL EFFECT: Unknown.
COMMENTS:
1)Author's Statement: According to the author, "as a practical
matter, the current CCW license is not produced in a format
that is easy to carry on one's person. In response, some
sheriff offices currently provide a county identification
card, which provides additional security features, and often
AB 2510
Page 5
includes a photograph of the licensee. This county-issued
card cannot take the place of the standard DOJ CCW license,
however, and licensees end up carrying both documents.
"It makes sense to carry one's CCW license on his or her
person when armed. It also stands to reason that issuers of
CCW licenses should be able to provide these documents in a
more convenient way that improves public safety by allowing
better identification of CCW holders. This bill simply
authorizes county-issued CCW identifications to be carried in
lieu of the standard DOJ form, as long as it contains all of
the information currently required by law, as well as a
photograph of the licensee."
2)Requires Consistent Content, Yet not Identical: This bill
specifies that the Attorney General develop a uniform CCW
license that may be used as indicia of proof of licensure
throughout the state. The information on the license should
be uniform and consistent. However, the bill does not require
that the licenses themselves be identical in the same way that
a California Driver's License is, other than the specified
information and the photographs of the particular individuals.
Opponents of the bill would like the information and
appearance of the license to be more consistent in the manner
of a California Driver's License. However, the proponents of
the bill are concerned that by mandating such consistency,
that the costs to certain jurisdictions to update their
systems to meet those requirements would be prohibitive.
The bill additionally requires the Attorney General to approve
the use of licenses issued by local agencies if they contain
specified information and a recent photograph of the
applicant. The opponents argue that this provision will
further provide for inconsistencies appearing in licenses
throughout the state. The proponents of the legislation are
more concerned with requiring consistent content on the
licenses, and providing a card that can be carried upon the
licensee easier than the paper permit. By not requiring the
paper permit and permitting an identification card to be used
AB 2510
Page 6
as a CCW, proponents argue that public safety is enhanced
because more people will have their license with them while
they are carrying a concealed weapon.
3)Argument in Support: According to the California State
Sheriffs' Association, "existing law, Pen. Code § 26175,
generally governs the process for the issuance of licenses
that permit persons to lawfully carry concealed firearms. The
application and the licenses themselves must be uniform
throughout the state. Any license issued must include the
licensee's name, occupation, residence and business address,
age, height, weight, color of eyes and hair, and the reason
for desiring a license to carry the weapon. The license is
also required to contain a description of the weapon or
weapons authorized to be carried, including the name of the
manufacturer, the serial number, and the caliber.
"As a practical matter, the current CCW license is not
produced in a format that is easy to carry on one's person.
In response, some sheriff offices currently provide a county
identification card, which provides additionally security
features, and often includes a photograph of the licensee.
This county-issued card cannot take the place of the standard
DOJ CCW license, however, and licensees end up carrying both
documents.
"It makes sense to carry one's CCW license on his or her
person when armed. It also stands to reason that issuers of
CCW licenses should be able to provide these documents in a
more convenient way that improves public safety by allowing
better identification of CCW holders. This bill simply
authorizes county-issued CCW identification to be carried in
lieu of the standard DOJ form, as long as it contains all of
the information currently required by law, as well as a
photograph of the licensee. Nothing in AB 2510 requires a
permitting agency to do anything different than what they
currently do - the bill merely provides an alternative avenue
to ensure proper licensure and identification."
AB 2510
Page 7
4)Argument in Opposition: According to the Firearms Policy
Coalition , " On behalf of the members and supporters of
Firearms Policy Coalition, I respectfully submit our
opposition to Assembly Bill 2510 (Linder). However we would
remove our opposition and even consider supporting AB 2510 if
it were to be amended to create a modern and uniform license
to carry.
"Licenses to carry in California, while still rare, have been
increasing. These licenses are valid statewide. This increases
the likelihood that the licensee will have law enforcement
contact and want to inform the law enforcement officer of his
or her license and whether or not that licensee is armed at
the time of the interaction. The license should be
recognizable as valid to the law enforcement officer during
the contact.
"Currently, these licenses are required to be uniform
throughout the state. An officer who encounters a permit from
El Dorado County should be seeing the exact same permit as
from Riverside County-- and it should be readily identifiable
as such.
"However, it appears that some local authorities have been
issuing their own local versions contrary to statute, putting
their staff and licensees in harm's way. Given that there are
nearly 500 issuing authorities, it is going to create chaos if
these rogue licenses are not stopped. Unfortunately, AB 2510
only makes it worse.
"If all 500 issuing agencies were to make up their own permit,
it would put our members and law enforcement in danger, not
only in California--but in those states that honor our
licenses as well.
"AB 2510 seeks to retroactively validate those unlawful and
AB 2510
Page 8
dangerous local permits by requiring the Department of Justice
(DOJ) to ratify them, as well as encourage up to 500 new and
distinct permits. We have raised these issues with the author
and are still eager to continue the dialogue, but unless and
until there is a uniform, statewide standard, we must oppose
the measure.
"We feel that the solution is simple; if the state wishes to
update and modernize the licenses (photo, security features,
size, material, color, etc...) then it should construct a
uniform, statewide policy and not force DOJ to just ratify
whatever the local issuing authority prints or produces."
REGISTERED SUPPORT / OPPOSITION:
Support
California State Sheriffs' Association (Sponsor)
Association for Los Angeles Deputy Sheriffs
California District Attorneys Association
California Rifle and Pistol Association
Los Angeles Police Protective League
National Rifle Association of America
Riverside Sheriffs' Association
AB 2510
Page 9
Opposition
California Association of Federal Firearms Licensees
Firearms Policy Coalition
Analysis Prepared
by: Gabriel Caswell / PUB. S. / (916) 319-3744