BILL NUMBER: AB 2022	AMENDED
	BILL TEXT

	AMENDED IN SENATE   JUNE 18, 1998
	AMENDED IN SENATE   JUNE 3, 1998
	AMENDED IN ASSEMBLY   MAY 13, 1998
	AMENDED IN ASSEMBLY   APRIL 15, 1998

INTRODUCED BY   Assembly Member Wright
    (Principal coauthor:  Assembly Member Cardoza) 

                        FEBRUARY 18, 1998

   An act to amend Sections 12050, 12051, 12053, and 12054 of, and to
add Sections 12050.2 and 12052.5 to, the Penal Code, relating to
firearms.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2022, as amended, R. Wright.  Firearms.
   (1) Existing law authorizes the sheriff of a county or the chief
or other head of a municipal police department of any city or city
and county to issue a license to carry a concealed firearm upon proof
of specified criteria, including that the person applying is either
a resident of the county or a city within the county when application
is made to the sheriff, or a resident of the city when application
is made to a police chief.
   This bill alternatively would authorize the issuance of a license
upon proof that the person applying is a resident of, or spends a
substantial period of time employed or conducting business within,
the county or a city within the county when application is made to
the sheriff.  The bill also would require all applicants, including
applicants for license renewal, to complete a specified course of
training.  The bill would prohibit the licensing authority from
requiring as part of the license application, or as a condition of
licensure, that the applicant provide any liability insurance policy.

   Additionally, this bill would require each licensing authority to
publish and make available a written policy  of the specific
criteria implementing   summarizing  these
provisions  , that are used by that licensing authority for
issuing a license, and any specific grounds that would result in the
automatic denial of a license by that licensing authority, and to
include that criteria   . The bill also would require
that any additional policies and procedures used by the licensing
authorities to interpret these provisions be published and made
available  with license applications provided to license
applicants.  The bill would require the licensing authority to give
written notice to the applicant indicating if the application is
approved or denied within 90 days of the initial application for
 anew   a new  license or a license renewal
or 30 days after receipt of the applicant's criminal background
check from the Department of Justice, whichever is later.   The
bill would specify that certain provisions of law granting exemption
from liability for an injury caused by the issuance of a license
would apply to licensing authorities who issue a license pursuant to
these provisions. 
   The bill would require the Attorney General to convene a committee
to develop a standard application form for licenses.  The bill would
require the Attorney General to adopt and implement this standard
application form for licenses on or before July 1, 1999.  The bill
would provide that an applicant shall not be required to complete any
additional application  of   or  form for
a license, or to provide any information other than that necessary to
complete the standard application form.
   Commencing on or before January 1, 2000, and annually thereafter,
the bill would require each licensing authority to submit to the
Attorney General the total number of licenses issued to reserve peace
officers and judges.  The bill would require the Attorney General to
collect and record the information submitted by each licensing
authority.
   By increasing the duties of local law enforcement entities, the
bill would impose a state-mandated local program.
   (2) Under existing law, a license to carry a concealed firearm
issued pursuant to the provisions described in (1) above is valid for
any period of time not to exceed one year from the date of the
license.
   This bill would extend the validity of a license issued pursuant
to the provisions described in (1) above to any period of time not to
exceed 3 years.  The bill would provide that any license issued
pursuant to these provisions shall expire 90 days after the licensee
moves from the county of issuance if the licensee's place of
residence was the basis for issuance of the license.  Additionally,
the bill would specify that if the licensee's place of employment or
business was the basis for issuance of the license pursuant to these
provisions, the license is valid for any period of time not to exceed
90 days, and would impose additional restrictions and requirements
upon such a license.
   (3) Existing law authorizes the licensing authority to charge a
fee not to exceed $3 for processing an application for a new license
or a license renewal or processing an amended license.
   This bill instead would authorize the licensing authority to
charge a fee in an amount equal to the actual costs for processing an
application for a new license or license renewal, excluding
fingerprint and training costs, but in no case to exceed $100, and a
fee not to exceed $10 for processing an amended license.  The bill
would provide that no requirement charge, assessment, fee, or
condition that requires the payment of any additional funds by the
applicant may be imposed by any licensing authority as a condition of
the application for a license, and would restrict the collection of
the fee for processing an application for a new license or license
renewal, as specified.
  The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote:  majority.  Appropriation:  no.  Fiscal committee:  yes.
State-mandated local program:  yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 12050 of the Penal Code is amended to read:
   12050.  (a) (1) (A) The sheriff of a county, upon proof that the
person applying is of good moral character, that good cause exists
for the issuance, and that the person applying satisfies any one of
the conditions specified in subparagraph (D) and has completed a
course of training as described in subparagraph (E), may issue to
that person a license to carry a pistol, revolver, or other firearm
capable of being concealed upon the person in either one of the
following formats:
   (i) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
   (ii) Where the population of the county is less than 200,000
persons according to the most recent federal decennial census, a
license to carry loaded and exposed in that county a pistol,
revolver, or other firearm capable of being concealed upon the
person.
   (B) The chief or other head of a municipal police department of
any city or city and county, upon proof that the person applying is
of good moral character, that good cause exists for the issuance, and
that the person applying is a resident of that city and has
completed a course of training as described in subparagraph (E), may
issue to that person a license to carry a pistol, revolver, or other
firearm capable of being concealed upon the person in either one of
the following formats:
   (i) A license to carry concealed a pistol, revolver, or other
firearm capable of being concealed upon the person.
   (ii) Where the population of the county in which the city is
located is less than 200,000 persons according to the most recent
federal decennial census, a license to carry loaded and exposed in
that county a pistol, revolver, or other firearm capable of being
concealed upon the person.
   (C) The sheriff of a county or the chief or other head of a
municipal police department of any city or city and county, upon
proof that the person applying is of good moral character, that good
cause exists for the issuance, and that the person applying is a
person who has been deputized or appointed as a peace officer
pursuant to subdivision (a) or (b) of Section 830.6 by that sheriff
or that chief of police or other head of a municipal police
department, may issue to that person a license to carry concealed a
pistol, revolver, or other firearm capable of being concealed upon
the person.  Direct or indirect fees for the issuance of a license
pursuant to this subparagraph may be waived.  The fact that an
applicant for a license to carry a pistol, revolver, or other firearm
capable of being concealed upon the person has been deputized or
appointed as a peace officer pursuant to subdivision (a) or (b) of
Section 830.6 shall be considered only for the purpose of issuing a
license pursuant to this subparagraph, and shall not be considered
for the purpose of issuing a license pursuant to subparagraph (A) or
(B).
   (D) For the purpose of subparagraph (A), the applicant shall
satisfy any one of the following:
   (i) Resident of the county or a city within the county.
   (ii) Spends a substantial period of time employed or conducting
business within the county or a city within the county.
   (E) (i) For new license applicants, the course of training may be
any course acceptable to the licensing authority, shall not exceed 16
hours, and shall include instruction on at least firearm safety and
the law regarding the permissible use of a firearm.
   (ii) For license renewal applicants, the course of training may be
any course acceptable to the licensing authority, shall not exceed
four hours, and shall include instruction on at least firearm safety
and the law regarding the permissible use of a firearm.
   (2) (A) (i) Except as otherwise provided in clause (ii) and
subparagraph (B) of paragraph (4) of subdivision (f), a license
issued pursuant to subparagraph (A) or (B) of paragraph (1) is valid
for any period of time not to exceed three years from the date of the
license.
   (ii) If the licensee's place of employment or business was the
basis for issuance of the license pursuant to subparagraph (A) of
paragraph (1), the license is valid for any period of time not to
exceed 90 days from the date of the license.  The license shall be
valid only in the county in which the license was originally issued
and the city, county, or city and county in which the licensee
resides.  The licensee shall give a copy of this license to the
licensing authority of the city, county, or city and county in which
he or she resides.  The licensing authority that originally issued
the license shall inform the licensee verbally and in writing in at
least 16-point type of this obligation to give a copy of the license
to the licensing authority of the city, county, or city and county of
residence.  Any application to renew or extend the validity of, or
reissue,  such  a license may be granted only upon
the concurrence of the licensing authority that originally issued the
license  ,  and the licensing authority of the
city, county, or city and county in which the licensee resides.
   (B) A license issued pursuant to subparagraph (C) of paragraph (1)
to a peace officer appointed pursuant to Section 830.6 is valid for
any period of time not to exceed three years from the date of the
license, except that the license shall be invalid upon the conclusion
of the person's appointment pursuant to Section 830.6 if the
three-year period has not otherwise expired or any other condition
imposed pursuant to this section does not limit the validity of the
license to a shorter time period.
   (3) The licensing authority shall not require as part of the
license application, or as a condition of licensure, that the
applicant provide any liability insurance policy.
   (b) A license may include any reasonable restrictions or
conditions which the issuing authority deems warranted, including
restrictions as to the time, place, manner, and circumstances under
which the person may carry a pistol, revolver, or other firearm
capable of being concealed upon the person.
   (c) Any restrictions imposed pursuant to subdivision (b) shall be
indicated on any license issued.
   (d) A license shall not be issued if the Department of Justice
determines that the person is within a prohibited class described in
Section 12021 or 12021.1 of this code or Section 8100 or 8103 of the
Welfare and Institutions Code.
   (e) (1) The license shall be revoked by the local licensing
authority if at any time either the local licensing authority is
notified by the Department of Justice that a licensee is within a
prohibited class described in Section 12021 or 12021.1 of this code
or Section 8100 or 8103 of the Welfare and Institutions Code, or the
local licensing authority determines that the person is within a
prohibited class described in Section 12021 or 12021.1 of this code
or Section 8100 or 8103 of the Welfare and Institutions Code.
   (2) If at any time the Department of Justice determines that a
licensee is within a prohibited class described in Section 12021 or
12021.1 of this code or Section 8100 or 8103 of the Welfare and
Institutions Code, the department shall immediately notify the local
licensing authority of the determination.
   (3) If the local licensing authority revokes the license, the
Department of Justice shall be notified of the revocation pursuant to
Section 12053.  The licensee shall also be immediately notified of
the revocation in writing.
   (f) (1) A person issued a license pursuant to this section may
apply to the licensing authority for an amendment to the license to
do one or more of the following:
   (A) Add or delete authority to carry a particular pistol,
revolver, or other firearm capable of being concealed upon the
person.
   (B) Authorize the licensee to carry concealed a pistol, revolver,
or other firearm capable of being concealed upon the person.
   (C) If the population of the county is less than 200,000 persons
according to the most recent federal decennial census, authorize the
licensee to carry loaded and exposed in that county a pistol,
revolver, or other firearm capable of being concealed upon the
person.
   (D) Change any restrictions or conditions on the license,
including restrictions as to the time, place, manner, and
circumstances under which the person may carry a pistol, revolver, or
other firearm capable of being concealed upon the person.
   (2) When the licensee changes his or her address, the license
shall be amended to reflect the new address and a new license shall
be issued pursuant to paragraph (3).
   (3) If the licensing authority amends the license, a new license
shall be issued to the licensee reflecting the amendments.
   (4) (A) The licensee shall notify the licensing authority in
writing within 10 days of any change in the licensee's place of
residence.
   (B) If the license is one to carry concealed a pistol, revolver,
or other firearm capable of being concealed upon the person, then it
may not be revoked solely because the licensee changes his or her
place of residence to another county if the licensee has not breached
any conditions or restrictions set forth in the license or has not
fallen into a prohibited class described in Section 12021 or 12021.1
of this code or Section 8100 or 8103 of the Welfare and Institutions
Code.  However, any license issued pursuant to subparagraph (A) or
(B) of paragraph (1) of subdivision (a) shall expire 90 days after
the licensee moves from the county of issuance if the licensee's
place of residence was the basis for issuance of the license.
   (C) If the license is one to carry loaded and exposed a pistol,
revolver, or other firearm capable of being concealed upon the
person, the license shall be revoked immediately if the licensee
changes his or her place of residence to another county.
   (5) An amendment to the license does not extend the original
expiration date of the license and the license shall be subject to
renewal at the same time as if the license had not been amended.
   (6) An application to amend a license does not constitute an
application for renewal of the license.
   (g) Nothing in this article shall preclude the chief or other head
of a municipal police department of any city from entering an
agreement with the sheriff of the county in which the city is located
for the sheriff to process all applications for licenses, renewals
of licenses, and amendments to licenses, pursuant to this article.

   (h) Sections 818.4 and 821.2 of the Government Code shall apply to
any licensing authority issuing a license to carry a pistol,
revolver, or other firearm capable of being concealed upon the person
pursuant to this section. 
  SEC. 2.  Section 12050.2 is added to the Penal Code, to read:
   12050.2.   (a)  Within three months of the effective date
of the act adding this section, each licensing authority shall
publish and make available a written policy  of the specific
criteria implementing   summarizing the provisions of
 subparagraphs (A) and (B) of paragraph (1) of subdivision (a)
of Section 12050  , that are used by that licensing authority
for issuing a license, and any specific grounds that would result in
the automatic denial of a license by that licensing authority.  The
licensing authority also shall include these criteria within or
attached to the license applications it provides to license
applicants.   .
   (b) If an issuing agency has any additional policies and
procedures interpreting the provisions of subparagraphs (A) and (B)
of paragraph (1) of subdivision (a) of Section 12050 relating to the
potential qualification of the applicant, the additional policies and
procedures shall also be published and made available and included
in, or attached to, the license application provided to the
applicant. 
  SEC. 3.  Section 12051 of the Penal Code is amended to read:
   12051.  (a) (1) Applications for licenses shall be filed in
writing, signed by the applicant, and shall state the name,
occupation, residence and business address of the applicant, his or
her age, height, weight, color of eyes and hair, and reason for
desiring a license to carry the weapon.  Any license issued upon the
application shall set forth the foregoing data 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.
   (2) Applications for amendments to licenses shall be filed in
writing and signed by the applicant, and shall state what type of
amendment is sought pursuant to subdivision (f) of Section 12050 and
the reason for desiring the amendment.
   (3) (A) Applications for amendments to licenses, applications for
licenses, amendments to licenses, and licenses shall be uniform
throughout the state, upon forms to be prescribed by the Attorney
General.  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,
one representative of the National Rifle Association, and an attorney
experienced in litigation regarding the issuance of licenses
pursuant to this article   Department of Justice 
to develop a standard application form for licenses.   The
application shall include a section summarizing the statutory
provisions of state law that result in the automatic denial of a
license.  The Attorney General shall adopt and implement this
standard application form for licenses on or before July 1, 1999.
   (B) The forms shall contain a provision whereby the applicant
attests to the truth of statements contained in the application.
   (C) 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
described in subparagraph (A).
   (D) The Attorney General may adopt and enforce regulations that
are necessary, appropriate, or useful to interpret and implement this
paragraph pursuant to Chapter 3.5 (commencing with Section 11340) of
Part 1 of Division 3 of Title 2 of the Government Code.  Pending the
adoption of those regulations, the Attorney General may adopt
emergency regulations that shall become effective immediately.  The
adoption of the emergency regulations shall be subject to Chapter 3.5
(commencing with Section 11340) of Part 1 of Division 3 of Title 2
of the Government Code, and the emergency regulations shall only be
effective until June 30, 1999, or on the effective date of the
regulations adopted by the Attorney General to implement this
paragraph, whichever occurs first, at which time the emergency
regulations shall be deemed to be repealed.
   (b) Any person who files an application required by  subdivision
(a) knowing that statements contained therein are false is guilty of
a misdemeanor.
   (c) Any person who knowingly makes a false statement on the
application regarding any of the following shall be guilty of a
felony:
   (1) The denial or revocation of a license, or the denial of an
amendment to a license, issued pursuant to Section 12050.
   (2) A criminal conviction.
   (3) A finding of not guilty by reason of insanity.
   (4) The use of a controlled substance.
   (5) A dishonorable discharge from military service.
   (6) A commitment to a mental institution.
   (7) A renunciation of United States citizenship.
  SEC. 4.  Section 12052.5 is added to the Penal Code, to read:
   12052.5.  The licensing authority shall give written notice to the
applicant indicating if the license is approved or denied within 90
days of the initial application for a new license or a license
renewal or 30 days after receipt of the applicant's criminal
background check from the Department of Justice, whichever is later.
 The notice shall include the specific reasons for the
denial of the new license or license renewal, which may include the
applicant's failure to comply with any of the licensing criteria used
by that licensing agency. 
  SEC. 5.  Section 12053 of the Penal Code is amended to read:
   12053.  (a) A record of the following shall be maintained in the
office of the licensing authority:
   (1) The denial of a license.
   (2) The denial of an amendment to a license.
   (3) The issuance of a license.
   (4) The amendment of a license.
   (5) The revocation of a license.
   (b) Copies of each of the following shall be filed immediately by
the issuing officer or authority with the Department of Justice:
   (1) The denial of a license.
   (2) The denial of an amendment to a license.
   (3) The issuance of a license.
   (4) The amendment of a license.
   (5) The revocation of a license.
   (c) Commencing on or before January 1, 2000, and annually
thereafter, each licensing authority shall submit to the Attorney
General the total number of licenses issued to peace officers,
pursuant to subparagraph (C) of paragraph (1) of subdivision (a) of
Section 12050, and to judges, pursuant to subparagraph (A) or (B) of
paragraph (1) of subdivision (a) of Section 12050. The Attorney
General shall collect and record the information submitted pursuant
to this subdivision by county and licensing authority.
  SEC. 6.  Section 12054 of the Penal Code is amended to read:
   12054.  (a) Each applicant for a new license or for the renewal of
a license shall pay at the time of filing his or her application a
fee determined by the Department of Justice not to exceed the
application processing costs of the Department of Justice for the
direct costs of furnishing the report required by Section 12052.
After the department establishes fees sufficient to reimburse the
department for processing costs, fees charged shall increase at a
rate not to exceed the legislatively approved annual cost-of-living
adjustments for the department's budget.  The officer receiving the
application and the fee shall transmit the fee, with the fingerprints
if required, to the Department of Justice.  The licensing authority
of any city, city and county, or county may charge an additional fee
in an amount equal to the actual costs for processing the application
for a new license, excluding fingerprint and training costs, but in
no case to exceed one hundred dollars ($100), and shall transmit the
additional fee, if any, to the city, city and county, or county
treasury.  The first 20 percent of this additional local fee may be
collected upon filing of the initial application.  The balance of the
fee shall be collected only upon issuance of the license.
   (b) In the case of an amended license pursuant to subdivision (f)
of Section 12050, the licensing authority of any city, city and
county, or county may charge a fee, not to exceed ten dollars ($10),
except that the fee may be increased at a rate not to exceed any
increase in the California Consumer Price Index as compiled and
reported by the California Department of Industrial Relations, for
processing the amended license and shall transmit the fee to the
city, city and county, or county treasury.
   (c) Except as authorized pursuant to subdivisions (a) and (b), no
requirement, charge, assessment, fee, or condition that requires the
payment of any additional funds by the applicant may be imposed by
any licensing authority as a condition of the application for a
license.
  SEC. 7.  No reimbursement is required by this act pursuant to
Section 6 of Article XIIIB of the California Constitution because the
only costs that may be incurred by a local agency or school district
will be incurred because this act creates a new crime or infraction,
eliminates a crime or infraction, or changes the penalty for a crime
or infraction, within the meaning of Section 17556 of the Government
Code, or changes the definition of a crime within the meaning of
Section 6 of Article XIIIB of the California Constitution.
   Notwithstanding Section 17580 of the Government Code, unless
otherwise specified, the provisions of this act shall become
operative on the same date that the act takes effect pursuant to the
California Constitution.