BILL ANALYSIS
AB 1363
Page 1
ASSEMBLY THIRD READING
AB 1363 (Davis)
As Amended April 13, 2009
Majority vote
PUBLIC SAFETY 7-0 APPROPRIATIONS 16-0
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|Ayes:|Solorio, Hagman, |Ayes:|De Leon, Nielsen, |
| |Furutani, Gilmore, Hill, | |Ammiano, |
| |Ma, Skinner | |Charles Calderon, Davis, |
| | | |Duvall, Fuentes, Hall, |
| | | |Harkey, Miller, |
| | | |John A. Perez, Price, |
| | | |Skinner, Solorio, Audra |
| | | |Strickland, Torlakson |
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SUMMARY : Clarifies existing provisions of law relating to
concealed firearms by stating that concealed firearm permits
only apply in the county of issuance. Specifically, this bill :
1)Revises the exception to permit the carrying of handguns by
persons as authorized pursuant to provisions relating to
licenses to carry concealed firearms.
2)Deletes language pertaining to reports to be filed by the
Attorney General.
3)Makes other technical, non-substantive changes such as
substituting the term "handgun" for "pistols, revolvers, or
other firearms capable of being concealed upon the person."
4)Specifies that when a sheriff of a county, or the chief or
other head of a municipal police department authorize a person
to carry a concealed firearm, subject to specified criteria
being met, and where the population of the county is less than
200,000 persons according to the most recent federal decennial
census, that the permit is only applicable and enforceable in
the county for which it has been issued.
EXISTING LAW :
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1)Permits 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 specified conditions and has completed a course of
training, as specified, 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:
a) A license to carry concealed a pistol, revolver, or
other firearm capable of being concealed upon the person;
or,
b) 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; and,
c) The following additional conditions must also be met:
i) Must be a resident of the county or a city within
the county; and,
ii) Must spend a substantial period of time in the
applicant's principal place of employment or business in
the county or a city within the county.
2)States that 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,
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:
a) A license to carry concealed a pistol, revolver, or
other firearm capable of being concealed upon the person;
or,
b) 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
AB 1363
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and exposed in that county a pistol, revolver, or other
firearm capable of being concealed upon the person.
3)States that 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 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 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.
4)States that 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.
FISCAL EFFECT : According to the Assembly Appropriations
Committee, negligible state and local costs.
COMMENTS : According to the author, "Because of this oversight
and unclear language, there has been confusion. We want to
clarify the law to fulfill the legislative intent of these
sections."
According to the background provided by the author, "Section
12050 of the California Penal Code allows the sheriff of the
county or a chief of police to issue a concealed weapons permit
(also known as a 'CCW permit') to applicants they deem
acceptable according to prescriptions by law. If approved, the
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applicant can carry a concealed and loaded gun. This section
also allows both sheriffs and police chiefs in a county with a
population of less than 200,000 to allow an applicant to carry a
loaded and exposed weapon, but only in that county with a
population of less than 200,000.
"Some of these people that have been authorized to carry a
loaded and exposed weapon have been going to other counties,
with a population of over 200,000, with the load and exposed
weapon, which is a violation of their CCW authorization.
Currently in law, Section 12031 of the California Penal Code,
which is the law making it illegal to carry a loaded firearm in
public, provides for an exception to an individual who has a CCW
permit. However, the exception does not appropriately address
the two different CCW authorizations. By making a simple
language change to the exception, Section 12031 will properly
address the two different CCW authorizations and provide a
penalty for individuals who abuse their CCW privileges."
Please see the policy committee for a full discussion of this
bill.
Analysis Prepared by : Gabriel Caswell / PUB. S. / (916)
319-3744
FN: 0000768