BILL ANALYSIS
AB 2053
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Date of Hearing: April 6, 2010
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2053 (Miller) - As Introduced: February 18, 2010
SUMMARY : Defines "good cause" for the issuance of a concealed
weapons (CCW) license to carry a handgun to include, but not
limited to, self-defense, defending the life of another, or
preventing crime in which human life is threatened.
Specifically, this bill :
1)Provides that "good cause" for the issuance of a license to
carry a handgun includes, but is not limited to, self-defense,
defending the life of another, or preventing crime in which
human life is threatened.
2)States that an applicant shall not be required to prove the
existence of specific circumstances regarding his or her
stated good cause if the stated good cause is self-defense,
defending the life of another, or preventing crime in which
human life is threatened.
3)Provides that if the applicant's stated cause is not
self-defense, defending the life or another, or preventing
crime in which human life is threatened, the sheriff or chief
or other head of a municipal police department of a city or
city and county may, by considering the following, determine
whether the applicant has stated good cause:
a) Section 1of Article 1 of the California Constitution,
including the declaration of rights providing that all
people are by nature free and independent and have
inalienable rights, and among those are enjoying and
defending liberty, acquiring, possessing, and protecting
property, and pursuing and obtaining safety, happiness and
privacy; and,
b) The value of concealed firearms in deterring violence.
EXISTING LAW :
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1)Provides a county sheriff or municipal police chief may issue
a license to carry concealed a pistol, revolver, or firearm
capable of being concealed upon the person upon proof that:
a) The person applying is of good moral character [Penal
Code Section 12050(a)(1)(A)];
b) Good cause exists for the issuance [Penal Code Section
12050(a)(1)(A)];
c) The person applying meets the appropriate residency
requirements [Penal Code Section 12050(a)(1)(D)]; and,
d) The person has completed the appropriate training course
[Penal Code Section 12050(E)].
2)Provides that the license may either:
a) Allow the person to carry a concealed firearm on his or
her person [Penal Code Section 12050(a)(1)]; or,
b) Allow the person to carry a loaded and exposed firearm
in a county whose population is less than 200,000 persons
according to the most recent federal decennial census.
[Penal Code Section 12050(a)(1).]
3)Provides that a CCW 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 Section
12050(a)(2).]
4)Provides that a license may include any reasonable
restrictions or conditions that the issuing authority deems
warranted, which shall be listed on the license. [Penal Code
Section 12050(b) and (c).]
5)Provides that the fingerprints of each applicant are taken and
submitted to the Department of Justice. Provides criminal
penalties for knowingly filing a false application for a
concealed weapon license. [Penal Code Section 12051(b).]
6)Provides that a person may lawfully possess a loaded firearm
in his or her place of business or residence. [Penal Code
Section 12031(h)(l).]
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7)Makes it generally unlawful to carry a concealed handgun or a
loaded firearm in public and in vehicles. (Penal Code
Sections 12025 and 12031.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "All
Californians should be treated equally by all law enforcement
agencies in the enforcement and application of the laws
pertaining to the possession and use of firearms. Currently
in California, the California Penal Code specifies that a
person must possess 'good cause' for the issuance of a
concealed carry permit by the local law enforcement agency.
There is no definition of 'good cause' in the Penal Code, this
omission has resulted in the unequal application of the law
across the state and the arbitrary and capricious denial of
permit applications to Californians being the rule rather than
the exception."
2)Argument in Support : According to the California Association
of Firearms Retailers state, "AB 2053 would make desirable
reforms in the definition of 'good cause' for the purpose of
an application for issuance of a license to carry a handgun
concealed."
3)Arguments in Opposition :
a) According to the California Chapter of the Brady
Campaign to Prevent Gun Violence , "AB 2053 would define
good cause for issuance of a CCW permit to include, but not
be limited to, self-defense, defending the life of another,
or preventing crime in which human life is threatened. AB
2053 would further establish that an applicant is not
'required to prove the existence of specific circumstances
regarding his or her stated good cause if the state cause
is self-defense, defending the life of another, or
preventing crime in which human life is threatened.'
Finally, AB 2053 would insert the following words in
statute, 'The value of concealed firearms in deterring
violent crime' in such a way that they appear to be linked
to Article 1, Section 1 of the California Constitution, so
that the inserted words may be used by law enforcement to
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issue CCW permits, even when no other good cause exists.
The value of firearms carried by private individuals in
deterring violent crime is a myth that is contradicted by
current evidence."
b) According to the Legal Community Against Violence , "The
Public Safety Committee has repeatedly rejected previous
attempts to eliminate the good cause requirement from the
state's concealed weapon licensing scheme. By forcing
local law enforcement to approve license applications where
only a pro forma declaration of 'self-defense, defending
the life of another, or preventing crime in which human
life is threatened' is offered, AB 2053 would force
agencies across California to issue concealed weapons
licenses to individuals who have only a hypothetical need
to carry a gun in public. AB 2053's goal is clear: to
allow as many individuals to carry concealed firearms as
possible, regardless of the dangers widespread carrying
creates."
4)Prior Legislation :
a) AB 357 (Knight) would have deleted the "good cause"
requirement and allowed the issuance of a license to carry
a concealed firearm to any person who is of good moral
character. AB 357 failed passage in this Committee.
b) AB 462 (Haynes), of the 2003-04 Legislative Session,
would have mandated a finding of good cause to issue a CCW
permit when the individual applying has been a victim of
domestic violence or a hate crime. AB 462 failed passage
in this Committee.
c) SB 1283 (Haynes), of the 2001-02 Legislative Session,
would have provided that "good cause" is conclusively
established for the issuance of a license to carry a
concealed firearm if the applicant is a victim of domestic
violence or hate crime. SB 1283 failed passage in the
Senate Public Safety Committee.
d) AB 1369 (Oller), of the 1997-98 Legislative Session,
would have eliminated the discretion of a county sheriff or
police chief to deny a permit to carry a concealed firearm
to any person who is not otherwise prohibited. AB 1369
failed passage in this Committee.
AB 2053
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REGISTERED SUPPORT / OPPOSITION :
Support
National Rifle Association (Sponsor)
California Rifle and Pistol Association, Inc. (Co-Sponsor)
California Association of Firearms Retailers
Gun Owners of California
Peace Officer Research Association of California
Opposition
California Chapters of the Brady Campaign to Prevent Gun
Violence
California Peace Officers' Association
California Police Chiefs Association
Legal Community Against Violence
Taxpayers for Improving Public Safety
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744