BILL NUMBER: AB 2022	AMENDED
	BILL TEXT

	AMENDED IN SENATE   AUGUST 3, 1998
	AMENDED IN SENATE   JULY 8, 1998
	AMENDED IN SENATE   JUNE 25, 1998
	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 in the applicant's principal place of
employment or business in the county or a city within the county,
when application is made to the sheriff.  The bill would provide that
a license issued to a person based on  the  his or
her place of employment or business is valid only in the county where
it was originally issued and is not valid for more than 90 days, and
an application to renew or extend that license may be granted upon
the concurrence of the licensing authority that originally issued it
and the licensing authority with jurisdiction over the licensee's
residence.  The bill also would require all applicants, including
applicants for license renewal, to complete a specified course of
training.  The bill would provide that a city, city and county, or
county may be considered an applicant's "principal place of
employment or business" only if the applicant is physically present
in that jurisdiction during a substantial part of his or her working
hours for purposes of that employment or business.
   Additionally, this bill would require each licensing authority to
publish and make available a written policy summarizing these
provisions.  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 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 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 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 2 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.  The bill would also provide that if the
applicant is a peace officer, the validity of the license issued
pursuant to these provisions shall be any period of time not to
exceed 4 years, subject to specified conditions.
   (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 also authorize the licensing authority to charge an additional
fee not to exceed $25, for processing license renewal applications.
The bill would provide that these local fees may be increased at a
rate not to exceed the California Consumer Price Index, as specified,
and shall be transmitted to the treasury of the city, city and
county, or county of the licensing authority.  The bill would provide
that no other 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 bill also would provide that if psychological testing is
required by the licensing authority, the license applicant shall be
referred to the expert used by the licensing authority for the
psychological testing of its own employees, and would authorize the
licensing authority to charge the applicant for the actual cost of
the testing in an amount not to exceed $100.
   (4)  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, including the creation of a State
Mandates Claims Fund to pay the costs of mandates that do not exceed
$1,000,000 statewide and other procedures for claims whose statewide
costs exceed $1,000,000.
   This bill would provide that with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above. 
 This bill would incorporate additional changes in Section 12050
of the Penal Code enacted by AB 1795 (Ch. 110, Stats.  1998).
  (5) 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, including the creation of a State Mandates Claims Fund
to pay the costs of mandates that do not exceed $1,000,000 statewide
and other procedures for claims whose statewide costs exceed
$1,000,000.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.  
   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) Is a resident of the county or a city within the county.
   (ii) Spends a substantial period of time in the applicant's
principal place of employment or business in 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.  Notwithstanding
this clause, the licensing authority may require a community college
course certified by the Commission on Peace Officer Standards and
Training, up to a maximum of 24 hours, but only if required uniformly
of all license applicants without exception.
   (ii) For license renewal applicants, the course of training may be
any course acceptable to the licensing authority, shall be no less
than 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)  ,
subparagraph (C) of this paragraph,  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 two 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.
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, the 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 four 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
four-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.  
   (C) 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 if the license is issued to any of
the following individuals:
   (i) A judge of a California court of record.
   (ii) A full-time court commissioner of a California court of
record.
   (iii) A judge of a federal court.
   (iv) A magistrate of a federal court. 
   (3) For purposes of this subdivision, a city or county may be
considered an applicant's "principal place of employment or business"
only if the applicant is physically present in the jurisdiction
during a substantial part of his or her working hours for purposes of
that employment or business.
   (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.
  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
summarizing the provisions of subparagraphs (A) and (B) of paragraph
(1) of subdivision (a) of Section 12050.
  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 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), except to clarify or interpret
information provided by the applicant on the standard application
form.
   (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.
  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.
   The licensing authority may charge an additional fee, not to
exceed twenty-five dollars ($25), for processing the application for
a license renewal, and shall transmit an additional fee, if any, to
the city, city and county, or county treasury.  These local fees 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.
   (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) If psychological testing is required by the licensing
authority, the license applicant shall be referred to the expert used
by the licensing authority for the psychological testing of its own
employees.  The applicant may be charged for the actual cost of the
testing in an amount not to exceed one hundred dollars ($100).
 If the application is denied after the applicant has
completed psychological testing, the applicant may be charged only 20
percent of the actual cost of the testing, but not to exceed twenty
dollars ($20). 
   (d) Except as authorized pursuant to subdivisions (a), (b), and
(c), 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 for certain
costs that may be incurred by a local agency or school district
because in that regard 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.
   However, notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
other costs mandated by the state, reimbursement to local agencies
and school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
   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.   
  SEC. 7.  Notwithstanding Section 17610 of the Government Code, if
the Commission on State Mandates determines that this act contains
costs mandated by the state, reimbursement to local agencies and
school districts for those costs shall be made pursuant to Part 7
(commencing with Section 17500) of Division 4 of Title 2 of the
Government Code.  If the statewide cost of the claim for
reimbursement does not exceed one million dollars ($1,000,000),
reimbursement shall be made from the State Mandates Claims Fund.
   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.