BILL ANALYSIS
SENATE COMMITTEE ON Public Safety
Senator John Vasconcellos, Chair A
1999-2000 Regular Session B
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AB 719 (Briggs)
As Amended:January 14, 2000
Hearing date: May 16, 2000
Penal Code
SH:br
LICENSES TO CARRY CONCEALED WEAPONS -
PERSONS CERTIFIED AS TRAINERS FOR THOSE SEEKING SUCH LICENSES
HISTORY
Source: Author
Prior Legislation: AB 2022 (Wright) - Chapter 910, Statutes of
1998
Support: California State Sheriffs' Association; Sheriff, San
Bernardino County
Opposition:None known
Assembly Floor Vote: Ayes 74 - Noes 0
(NOTE: SEE COMMENT 2 FOR TECHNICAL AMENDMENTS TO BE OFFERED BY
THE AUTHOR IN COMMITTEE.)
KEY ISSUE
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SHOULD PERSONS WHO ARE CERTIFIED AS A FIREARMS TRAINER BY A
LICENSING AUTHORITY FOR CONCEALED WEAPONS PERMITS BE EXEMPTED
FROM THE GENERAL REQUIREMENT THAT A PERSON COMPLETE SUCH
TRAINING BEFORE THE LICENSING AUTHORITY RENEWS A CONCEALED
WEAPONS PERMIT ISSUED TO THE PERSON?
PURPOSE
The purpose of this bill is to exempt persons certified as
trainers for the specified course of training for persons issued
a concealed weapons permit from the requirement of completing a
specified course of training for purposes of renewing a license
to carry a concealed firearm.
Existing law provides the following regarding the issuance of a
license to carry concealable firearms in public:
1.A county sheriff and police chief may issue a license to carry
a concealed weapon to a resident-or person who spends a
substantial period of time at his or her place of employment
in the particular jurisdiction, as specified-if he or she has:
a)Good moral character.
b)Completed a course of firearm training.
c)Demonstrated good cause for the issuance of the license
(Penal Code 12050).
1.A new license applicant must show completion of an approved
training course that includes instruction on firearm safety
and the law regarding the permissible use of a firearm.
(Penal Code 12050(E).)
2.A training course may not exceed 16 hours; however, 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. (Penal
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Code 12050(E).)
3.A concealed weapon 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. (Penal Code 12050.)
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4.A license may include any reasonable restrictions or
conditions that the issuing authority deems warranted,
including restrictions as to the time, place, manner, and
circumstances under which the person may carry a firearm
capable of being concealed upon the person. (Penal Code
12050.)
5.License renewal applicants must show completion of an approved
training course of not less than four hours that includes
instruction on firearm safety and the law regarding the
permissible use of a firearm. (Penal Code 12050(E)(ii).)
This bill provides that no course of training shall be required
for any person certified by the licensing authority as a
firearms trainer in order for that person to renew a license to
carry a concealed weapon in public.
COMMENTS
1. Need for This Bill
The author has provided the following background about this
bill:
AB 719 is a simple, common sense bill that closes a
loophole in the process created by AB 2022 (1998) to train
those who carry concealed weapon permits.
Currently, all concealed weapon permit holders must certify
that they have completed an authorized training course in
gun safety in order to renew their license. This bill
would not change that.
However, included in this statute are certified trainers
who are licensed by local sheriffs and spend their entire
day training others in gun safety and use.
This bill would exempt gun trainers from the training
requirement, as logic would dictate. Local sheriffs are
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empowered to determine which local trainers are certified
to offer the training course, so they would retain
oversight of the local trainers. For that reason, the
California State Sheriffs' Association supports AB 719.
There is no opposition.
2. Technical Amendment
The following "clean-up" amendment to be offered in committee by
the author conforms to the January 14, 2000, amendments to the
bill:
On page 4, line 8, delete: that official or
3. The "Certified" Trainers Affected by This Bill
It is unknown to committee staff how many persons may fit the
category of persons affected by this bill. This bill does
assume two elements: (1) that there are persons who are
"certified" by sheriffs or police chiefs as firearms trainers
for those applying for renewal of a concealed weapons license,
and, (2) that at least some of those trainers are themselves
issued a license to carry a concealed weapon concealed in
public. Status as a trainer does not in and of itself appear to
necessarily satisfy the requirement "that good cause exists for
the issuance" of a license to carry a concealed weapon.
Regardless, both elements are within the control of the
licensing authority and there is no mandate in law that
licensing authorities issue permits to certified firearms
trainers. To the extent that trainers do receive a license,
this bill does remove an unnecessary requirement for those
persons.
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