BILL ANALYSIS Ó
-----------------------------------------------------------------
|SENATE RULES COMMITTEE | AB 2510|
|Office of Senate Floor Analyses | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
-----------------------------------------------------------------
THIRD READING
Bill No: AB 2510
Author: Linder (R)
Introduced:8/8/16 in Senate
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/21/16
AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone
SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8
ASSEMBLY FLOOR: 77-0, 5/12/16 - See last page for vote
SUBJECT: Firearms: license to carry concealed: uniform
license
SOURCE: California State Sheriffs' Association
DIGEST: This bill (1) 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, (2) approves the use of
licenses issued by local agencies if they contain specified
information and a recent photograph to retain, as specified;
and, (3) requires the Attorney General to exemplars of approved
licenses and a list of agencies issuing local licenses, as
specified.
Senate Floor Amendments of 8/8/16 (1) state that when approving
the format of the license, the Attorney General Office must also
deem that it is in substantial compliance with the standards
AB 2510
Page 2
developed by the committee, if developed; and, (2) create a
committee composed of two representatives of the California
State Sheriffs' Association, two representatives of the
California Police Chiefs Association, and one representative
from the Department of Justice, to convene to review and revise,
as the committee deems appropriate, the design standard for
licenses issued by local agencies that may be used as indicia of
proof of licensure throughout the state, provided that the
design standard meets the requirements of the legislation.
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:
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).)
AB 2510
Page 3
3)Provides that a license may include any reasonable
restrictions or conditions that the issuing authority deems
warranted. (Penal Code § 26200.)
4)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. (Penal Code § 26175 (a)(1).)
5)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. (Penal Code §
26175(a)(2).)
6)States that the application shall include a section
summarizing the statutory provisions of state law that result
in the automatic denial of a license. (Penal Code §
26175(b).)
7)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. (Penal Code § 26175(c).)
8)Specifies that applications for licenses shall be filed in
writing and signed by the applicant. (Penal Code § 26175(d).)
9)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. (Penal Code § 26175(e).)
10)States that the forms shall contain a provision whereby the
applicant attests to the truth of statements contained in the
AB 2510
Page 4
application. (Penal Code § 26175(f).)
11)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. (Penal Code § 26175(g).)
12)States that the standard application form is deemed to be a
local form expressly exempt from the requirements of the
Administrative Procedures Act. (Penal Code § 26175(h).)
13)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. (Penal
Code § 26175(i).)
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, a recent photograph of the applicant, and are
deemed in substantial compliance with the standards developed
by the committee, if developed.
3)Creates a committee composed of two representatives of the
California State Sheriffs' Association, two representatives of
the California Police Chiefs Association, and one
representative from the Department of Justice, to convene to
review and revise, as the committee deems appropriate, the
design standard for licenses issued by local agencies that may
be used as indicia of proof of licensure throughout the state,
AB 2510
Page 5
provided that the design standard meets the requirements of
the legislation. Requires the committee to meet for this
purpose if two of the committee's members deem it necessary.
4)Requires the Attorney General to retain exemplars of approved
licenses and maintain a list of agencies issuing local
licenses.
Comments
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. Opponents of the bill would like the information
and appearance of the concealed carry license to be consistent
across the state. 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 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.
FISCAL EFFECT: Appropriation: No Fiscal
AB 2510
Page 6
Com.:YesLocal: No
SUPPORT: (Verified8/8/16)
California State Sheriffs' Association (source)
Association of Los Angeles Deputy Sheriffs
California Police Chiefs Association
California Rifle and Pistol Association
Los Angeles County Professional Peace Officers Association
Los Angeles Police Protective League
National Rifle Association
Riverside Sheriffs' Association
Rick Farinelli, District 3 Supervisor, County of Madera
OPPOSITION: (Verified8/8/16)
None received
ARGUMENTS IN SUPPORT: According to the California State
Sheriffs' Association:
Existing law, Penal Code Section 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
AB 2510
Page 7
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.
ASSEMBLY FLOOR: 77-0, 5/12/16
AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker,
Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon,
Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper,
Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines,
Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson,
Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger
Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder,
Lopez, Low, Maienschein, Mayes, McCarty, Medina, Melendez,
Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson,
Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth,
Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk,
Williams, Wood, Rendon
NO VOTE RECORDED: Burke, Jones-Sawyer, Mathis
Prepared by:Jessica Devencenzi / PUB. S. /
8/10/16 17:18:14
**** END ****
AB 2510
Page 8