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