BILL ANALYSIS                                                                                                                                                                                                    



                                                                    AB 2510


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          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:  









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          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  








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            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).)  









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          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  








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            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  








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            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."  









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          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  








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            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  








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          Opposition


          California Association of Federal Firearms Licensees


          Firearms Policy Coalition  

          Analysis Prepared  
          by:              Gabriel Caswell / PUB. S. / (916) 319-3744