BILL ANALYSIS
AB 2115
Page 1
Date of Hearing: March 23, 2010
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2115 (Knight) - As Introduced: February 18, 2010
SUMMARY : Requires the sheriff of a county or the chief of a
municipal police department to issue a license to carry a
concealed weapon (CCW) if the person seeking the license is a
veteran without a showing of "good cause" for the issuance of
the license.
EXISTING LAW :
1)Provides a county sheriff or municipal police chief may issue
a license to carry a 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,
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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).]
7)Makes it generally unlawful to carry a concealed handgun or a
loaded firearm in public and in a vehicle. (Penal Code
Sections 12025 and 12031.)
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "This bill would
reform the overly subjective discretion governing licenses to
carry CCWs by requiring law enforcement to approve licenses
for United States military veterans if applicants complete
existing requirements as prescribed in Penal Code Section
12050."
2)Veterans: Post Traumatic Stress Disorder : In 2008, the Rand
Center for Military Policy Research issued a report, Invisible
Wounds of War Psychological and Cognitive Injuries, Their
Consequences, and Services to Assist Recovery. The study
estimated that of the 1.64 million service members deployed in
support of Operation Enduring Freedom (Afghanistan) and
Operation Iraqi Freedom as of 2007, it is estimated that
300,000 individuals suffer from post traumatic disorder (PTSD)
or major depression and about 320,000 individuals suffer from
traumatic brain injury. About one-third of those previously
deployed have at least one of these three conditions, and
about 5% report symptoms of all three. Given the severe
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mental and emotional condition of so many returning veterans,
should the Legislature eliminate the sheriff's or chief of
police's discretion to issue a license to carry a concealed
handgun only for "good cause" when the applicant is a veteran?
3)Arguments in Support :
a) According to the California Association of Firearms
Retailers , "It is appropriate that veterans of the armed
forces should not have to show 'good cause' for the
issuance of a license to carry a handgun concealed provided
they meet other statutory criteria such as being of good
moral criteria."
b) According to the Outdoor Sportsmen's Coalition of
California , "Veterans of the armed forces should not have
to show 'good cause' for the issuance of a license to carry
a handgun concealed if they meet other criteria."
4)Arguments in Opposition :
a) According to the California Chapters of the Brady
Campaign to Stop Gun Violence , "Existing law gives sheriffs
and chiefs of municipal police departments the discretion
to issue permits for the carrying of concealed and loaded
firearms (CCW permits). Law enforcement must find that
good cause exists, that the applicant is of good moral
character, is a resident or employed within the
jurisdiction, and has completed a course of training. AB
2115 would eliminate the requirement to show good cause if
the applicant is a veteran.
"As a practical matter, CCW permits are difficult to obtain
in California. Data from the California Department of
Justice shows that there are about 40,000 CCW permits
statewide, mostly confined to rural areas. According to
the California Department of Veterans Affairs, there are
more than two million veterans in the state. If veterans
are exempted from the need to show good cause, the number
of CCW permits would likely rise exponentially. The
important policy question to consider in connection with
this bill is whether public safety might be reduced by its
passage.
"The occurrence of PTSD among veterans is well known. Some
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estimates of the frequency within our veteran population
range as high as 23 percent. The connection between PTSD,
domestic violence and aggressive behavior has also been
well documented. Moreover, recent studies have established
a link between military service and domestic violence."
b) According to the Legal Community against Violence ,
"Under current California law, a local law enforcement
agency 'may' issue an individual a license to carry a
concealed firearm only after finding that the applicant:
1) has good cause to receive a license; 2) has completed a
firearms safety course; 3) is not prohibited from
possessing firearms; and 4) is of good moral character. AB
2115 would amend the law so that an applicant who is an
armed forces veteran would not need to provide good cause
to receive a concealed firearm license.
"By eliminating the good cause requirement for California's
approximately 2 million veterans, AB 2115 would force local
law enforcement agencies across California to issue
concealed weapons licenses to veterans who are unable to
offer any justifiable need to carry a gun in public. There
is simply no sound public policy justification for making
it easier for veterans to carry hidden guns for other
Californians."
1)Related Legislation : AB 357 (Knight) would have deleted the
"good cause" requirement from provisions of law that authorize
a sheriff of a county or a chief of a municipal police
department to issue a license for a person to carry a
concealed handgun. AB 357 failed passage in this Committee.
2)Prior Legislation :
a) 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.
b) 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
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Senate Public Safety Committee.
c) AB 462 (Haynes), of the 2003-04 Legislative Session,
would have mandated a finding of good cause to issue a
concealed weapons permit when the individual applying has
been a victim of domestic violence or a hate crime. AB 462
failed passage in this Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
California Association of Firearms Retailers
California Sportsman's Lobby, Inc.
Gun Owners of California
Outdoor Sportsmen's Coalition of California
Safari Club International
Opposition
California Chapters of the Brady Campaign to Prevent Gun
Violence
California Peace Officers' Association
California Police Chiefs Association
California State Sheriffs' Association
Legal Community Against Violence
Taxpayers for Improving Public Safety
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744