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