BILL ANALYSIS �
AB 2376
Page 1
Date of Hearing: April 10, 2012
Chief Counsel: Gregory Pagan
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
AB 2376 (Halderman) - As Introduced: February 24, 2012
SUMMARY : Defines "good cause" for the issuance of a license to
carry a concealed handgun, by a sheriff of a county or a chief
of a municipal police force, to include, but is not limited to,
if the applicant has a report on file with a law enforcement
agency evidencing that he or she is a victim of a hate crime.
EXISTING LAW :
1)Provides a county sheriff or municipal police chief may issue
a license to carry a handgun capable of being concealed upon
the person upon proof of all of the following:
a) The person applying is of good moral character �Penal
Code Sections 26150 and 26155 (a)(1)];
b) Good cause exists for the issuance �Penal Code Sections
26150 and 26155 (a)(2)];
c) The person applying meets the appropriate residency
requirements �Penal Code Sections 26150 and 26155 (a)(3)];
and
d) The person has completed the appropriate training
course, as specified. �Penal Code Sections 26150 and
26155(a)(4)].
2)States that a county sheriff or a chief of a municipal police
department may issue a license to carry a concealed handgun in
either of the following formats:
a) A license to carry a concealed handgun upon his or her
person �Penal Code Sections 26150 and 26155 (b)(1)]; or
b) A license to carry a loaded and exposed handgun if the
population of the county, or the county in which the city
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is located, is less than 200,000 persons according to the
most recent federal decennial census. �Penal Code Sections
26150 and 26155(b)(2).]
3)Provides that a chief of a municipal police department shall
not be precluded from entering into an agreement with the
sheriff of the county in which the city is located for the
sheriff to process all applications for licenses, or renewal
of licenses, to carry a concealed handgun upon the person.
�Penal Code Section 26155(b)(3).]
4)Provides that a license to carry a concealed handgun 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 26220.]
5)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 26200.]
6)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 Sections 26180 and
26185.]
FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "I introduced
this bill to preserve a form of self-defense for Californians.
More than 1,000 hate crimes are committed in this state every
year. According to 2010 data from the California State
Attorney General, 29% of hate crimes are committed against
African American individuals, 25% are committed against LGBT
individuals, 12% are committed against Jewish individuals, and
11% are committed against Hispanic individuals. Californians
of every race, ethnicity, religion, and sexual identity should
not be left to the mercy of those who commit acts of
violence."
2)Argument in Support : According to the National Rifle
Association , "All Californians should be treated equally by
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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.
"Some jurisdictions do not recognize the increased risk to those
already victimized by hate crimes, including those committed
on the basis of racial, ethnic, religious, and sexual
identity. The bans on issuance concealed carry weapons
permits eliminate a mechanism of self-defense for victims of
violent crimes who are at risk for repeat violence."
3)Argument in Opposition : According to the California Chapters
of the Brady Campaign to Prevent Gun Violence , "Existing law
give 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 applicant is of good moral character,
is a resident or employed within the jurisdiction, and has
completed a course of training.
"AB 2376 provides that 'good cause' for issuance of a CCW permit
may be established if the applicant has on file with law
enforcement a report that he or she has been the victim of a
hate crime.
"This bill is unnecessary. Law enforcement already has the
discretion to issue a CCW permit to those who have been hate
crime victims and where there is a credible threat of danger.
However, in making such a determination law enforcement must
make a judgment as to whether the threat is real or imagined
and whether the issuance of a permit would actually make the
recipient safer.
"If the legislature were to pass AB 2376, California would
experience a sudden surge in hate crime victimization reports
as a way of circumventing law enforcement discretion in
issuing CCW permits. Under this law, any gang member who was
not otherwise prohibited from owning a firearm could obtain a
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CCW permit. This would, in turn, lead to a proliferation of
concealed weapons on our streets."
4)Related Legislation : AB 2615 (Jones) defines "good cause" for
the issuance of a license to carry a concealed handgun upon
the person, to include, personal protection or self-defense.
AB 2615 is scheduled to be heard on April 17, 2012 by this
Committee.
5)Prior Legislation :
a) AB 2053 (Miller), of the 2009-10 Legislative Session,
would have defined "good cause" for the issuance of a
license to carry a concealed handgun upon the person to
include self-defense, defending the life of another, or
preventing crime in which human life is threatened. AB
2053 failed passage in this Committee.
b) AB 357 (Knight), of the 2009-10 Legislative Session,
would have deleted the "good cause" requirement for the
issuance of a license to carry a concealed handgun upon the
person, and would have required issuance if the applicant
was of good moral character and met other criteria relating
to residency and training. AB 357 failed passage in this
Committee.
c) AB 462 (Haynes), of the 2003-04 Legislative Session,
would have defined "good cause" for the issuance of a
license to carry a concealed handgun upon the person to
include if the applicant has a report on file with a law
enforcement agency evidencing that he or she is a victim of
domestic violence or stalking, has obtained a restraining
order against a specified individual, or is the victim of a
hate crime. AB 462 failed passage in this Committee.
d) SB 1283 (Haynes), of the 2001-02 Legislative Session,
would have defined "good cause" for the issuance of a
license to carry a concealed handgun upon the person to
include a victim of domestic violence who has obtained a
restraining order and a victim of a hate crime. SB 1283
failed passage in the Senate Public Safety Committee.
REGISTERED SUPPORT / OPPOSITION :
Support
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California Rifle and Pistol Association
National Rifle Association of America
Pink Pistols
Opposition
California Chapters of the Brady Campaign to Prevent Gun
Violence
California Police Chiefs Association
Peace Officer Research Association of California
Analysis Prepared by : Gregory Pagan / PUB. S. / (916)
319-3744